[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 1996 Edition]
[From the U.S. Government Publishing Office]


          40



          Protection of Environment



[[Page i]]

          PARTS 260 to 299

          Revised as of July 1, 1996
          CONTAINING
          A CODIFICATION OF DOCUMENTS
          OF GENERAL APPLICABILITY
          AND FUTURE EFFECT

          AS OF JULY 1, 1996

          With Ancillaries
          Published by
          the Office of the Federal Register
          National Archives and Records
          Administration

          as a Special Edition of
          the Federal Register



[[Page ii]]

                                      




                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 1996



               For sale by U.S. Government Printing Office
 Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328



[[Page iii]]




                            Table of Contents


                                                                    Page
  Explanation.................................................       v
  Title 40:
    Chapter I--Environmental Protection Agency (Continued)....       3
  Finding Aids:
    Material Approved for Incorporation by Reference..........    1103
    Table of CFR Titles and Chapters..........................    1109
    Alphabetical List of Agencies Appearing in the CFR........    1125
    Table of OMB Control Numbers..............................    1135
    List of CFR Sections Affected.............................    1155

[[Page iv]]



      



                                                                                                                
                                  ----------------------------------------------------------                    
                                   Cite this Code:  CFR                                                         
                                                                                                                
                                   To cite the regulations in this volume use title, part                       
                                    and section number. Thus, 40 CFR 260.1 refers to title                      
                                    40, part 260, section 1.                                                    
                                                                                                                
                                  ----------------------------------------------------------                    
                                                                                                                


[[Page v]]

                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 1996), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call (202) 523-4534.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I), and Acts Requiring Publication 
in the Federal Register (Table II). A list of CFR titles, chapters, and 
parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.

[[Page vii]]

    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408.
SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call 202-512-1800, 
M-F, 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2233, 24 hours 
a day. For payment by check, write to the Superintendent of Documents, 
Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. For GPO 
Customer Service call 202-512-1803.

                              Richard L. Claypoole,
                                    Director,
                          Office of the Federal Register.

July 1, 1996.



[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of eighteen volumes. 
The parts in these volumes are arranged in the following order: parts 1-
51, part 52, parts 53-59, part 60, parts 61-71, parts 72-80, parts 81-
85, part 86, parts 87-135, parts 136-149, parts 150-189, parts 190-259, 
parts 260-299, parts 300-399, parts 400-424, parts 425-699, parts 700-
789 and part 790 to end. The contents of these volumes represent all 
current regulations codified under this title of the CFR as of July 1, 
1996.

    Chapter I--Environmental Protection Agency appears in all eighteen 
volumes. A Pesticide Tolerance Commodity/Chemical Index appears in parts 
150-189. A Toxic Substances Chemical--CAS Number Index appears in parts 
700-789 and part 790 to end. Redesignation Tables appear in the volumes 
containing parts 1-51, parts 150-189, and parts 700-789. Regulations 
issued by the Council on Environmental Quality appear in the volume 
containing part 790 to end.

    The OMB control numbers for title 40 appear in Sec. 9.1 of this 
chapter. For the convenience of the user, Sec. 9.1 appears in the 
Finding Aids section of the volumes containing parts 52 to the end.

    For this volume, Brian Swidal was Chief Editor. The Code of Federal 
Regulations publication program is under the direction of Frances D. 
McDonald, assisted by Alomha S. Morris.

[[Page x]]





[[Page 1]]



                   TITLE 40--PROTECTION OF ENVIRONMENT




                  (This book contains parts 260 to 299)

  --------------------------------------------------------------------

                                                                    Part
chapter i--Environmental Protection Agency (Continued)......         260

[[Page 3]]



                   CHAPTER I--ENVIRONMENTAL PROTECTION






                           AGENCY (CONTINUED)




  --------------------------------------------------------------------

                 SUBCHAPTER I--SOLID WASTES (CONTINUED)
Part                                                                Page
260             Hazardous waste management system: General..           5
261             Identification and listing of hazardous 
                    waste...................................          29
262             Standards applicable to generators of 
                    hazardous waste.........................         117
263             Standards applicable to transporters of 
                    hazardous waste.........................         144
264             Standards for owners and operators of 
                    hazardous waste treatment, storage, and 
                    disposal facilities.....................         148
265             Interim status standards for owners and 
                    operators of hazardous waste treatment, 
                    storage, and disposal facilities........         347
266             Standards for the management of specific 
                    hazardous wastes and specific types of 
                    hazardous waste management facilities...         504
267       [Reserved]
268             Land disposal restrictions..................         704
270             EPA administered permit programs: The 
                    Hazardous Waste Permit Program..........         825
271             Requirements for authorization of State 
                    hazardous waste programs................         890
272             Approved State hazardous waste management 
                    programs................................         912
273             Standards for universal waste management....         936
279             Standards for the management of used oil....         951
280             Technical standards and corrective action 
                    requirements for owners and operators of 
                    underground storage tanks (UST).........         977
281             Approval of state underground storage tank 
                    programs................................        1048
282             Approved underground storage tank programs..        1059
283-299   [Reserved]

[[Page 5]]

      



                 SUBCHAPTER I--SOLID WASTES (Continued)





PART 260--HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL--Table of Contents




                           Subpart A--General

Sec.
260.1  Purpose, scope, and applicability.
260.2  Availability of information; confidentiality of information.
260.3  Use of number and gender.

                         Subpart B--Definitions

260.10  Definitions.
260.11  References.

                     Subpart C--Rulemaking Petitions

260.20  General.
260.21  Petitions for equivalent testing or analytical methods.
260.22  Petitions to amend part 261 to exclude a waste produced at a 
          particular facility.
260.23  Petitions to amend 40 CFR part 273 to include additional 
          hazardous wastes.
260.30  Variances from classification as a solid waste.
260.31  Standards and criteria for variances from classification as a 
          solid waste.
260.32  Variances to be classified as a boiler.
260.33  Procedures for variances from classification as a solid waste or 
          to be classified as a boiler.
260.40  Additional regulation of certain hazardous waste recycling 
          activities on a case-by-case basis.
260.41  Procedures for case-by-case regulation of hazardous waste 
          recycling activities.

Appendix I to Part 260--Overview of Subtitle C Regulations

    Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935, 
6937, 6938, 6939, and 6974.

    Source: 45 FR 33073, May 19, 1980, unless otherwise noted.

    Effective Date Note: The reporting or recordkeeping provisions 
included in the final rule published at 47 FR 32274, July 26, 1982, will 
be submitted for approval to the Office of Management and Budget (OMB), 
and will not become effective until OMB approval has been obtained. EPA 
will publish a notice of the effective date of the reporting and 
recordkeeping provisions of this rule after it obtains OMB approval.



                           Subpart A--General



Sec. 260.1  Purpose, scope, and applicability.

    (a) This part provides definitions of terms, general standards, and 
overview information applicable to parts 260 through 265 and 268 of this 
chapter.
    (b) In this part: (1) Section 260.2 sets forth the rules that EPA 
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 EPA under parts 260 through 265 and 268 of this 
chapter.
    (2) Section 260.3 establishes rules of grammatical construction for 
parts 260 through 265 and 268 of this chapter.
    (3) Section 260.10 defines terms which are used in parts 260 through 
265 and 268 of this chapter.
    (4) Section 260.20 establishes procedures for petitioning EPA to 
amend, modify, or revoke any provision of parts 260 through 265 and 268 
of this chapter and establishes procedures governing EPA's action on 
such petitions.
    (5) Section 260.21 establishes procedures for petitioning EPA to 
approve testing methods as equivalent to those prescribed in parts 261, 
264, or 265 of this chapter.
    (6) Section 260.22 establishes procedures for petitioning EPA to 
amend subpart D of part 261 to exclude a waste from a particular 
facility.

[45 FR 33073, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986]



Sec. 260.2  Availability of information; confidentiality of information.

    (a) Any information provided to EPA under parts 260 through 265 and 
268 of this chapter will be made available to the public to the extent 
and in the manner authorized by the Freedom of Information Act, 5 U.S.C. 
section 552,

[[Page 6]]

section 3007(b) of RCRA and EPA regulations implementing the Freedom of 
Information Act and section 3007(b), part 2 of this chapter, as 
applicable.
     (b) Any person who submits information to EPA in accordance with 
parts 260 through 266 and 268 of this chapter may assert a claim of 
business confidentiality covering part or all of that information by 
following the procedures set forth in Sec. 2.203(b) of this chapter. 
Information covered by such a claim will be disclosed by EPA only to the 
extent, and by means of the procedures, set forth in part 2, subpart B, 
of this chapter except that information required by Sec. 262.53(a) and 
Sec. 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 EPA, it 
may be made available to the public without further notice to the person 
submitting it.

[45 FR 33073, May 19, 1980, as amended at 51 FR 28682, Aug. 8, 1986; 51 
FR 40636, Nov. 7, 1986; 61 FR 16309, Apr. 12, 1996]

    Effective Date Note: At 61 FR 16309, Apr. 12, 1996, Sec. 260.2(b) 
was revised, effective July 11, 1996. For the convenience of the reader, 
the superseded text is set out as follows:

260.2  Availability of information; confidentiality of information.

                                * * * * *

    (b) Any person who submits information to EPA in accordance with 
parts 260 through 266 and 268 of this chapter may assert a claim of 
business confidentiality covering part or all of that information by 
following the procedures set forth in Sec. 2.203(b) of this chapter. 
Information covered by such a claim will be disclosed by EPA only to the 
extent, and by means of the procedures, set forth in part 2, subpart B, 
of this chapter except that information required by Sec. 262.53(a) which 
is submitted in notification of intent to export a hazardous waste will 
be provided to the Department of State and the appropriate authorities 
in a receiving country regardless of any claims of confidentiality. 
However, if no such claim accompanies the information when it is 
received by EPA, it may be made available to the public without further 
notice to the person submitting it.



Sec. 260.3  Use of number and gender.

    As used in parts 260 through 265 and 268 of this chapter:
    (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.

[45 FR 33073, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986]



                         Subpart B--Definitions



Sec. 260.10  Definitions.

    When used in parts 260 through 266, 268, and 270 through 273 of this 
chapter, the following terms have the meanings given below:
    When used in parts 260 through 266 and 268 of this chapter, the 
following terms have the meanings given below:
    Above ground tank means a device meeting the definition of ``tank'' 
in Sec. 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 or 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.
    Active life of a facility means the period from the initial receipt 
of hazardous waste at the facility until the Regional Administrator 
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 part 261 of this chapter and which is not a closed 
portion. (See also ``closed portion'' and ``inactive portion''.)
    Administrator means the Administrator of the Environmental 
Protection Agency, or his designee.
    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

[[Page 7]]

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 or 
connections carrying flue gas is not integrally designed; however, 
secondary energy recovery equipment (such as economizers or air 
preheaters) need not be physically formed into the same unit as the 
combustion chamber and the primary energy recovery section. The 
following units are not precluded from being boilers solely because they 
are not of integral design: process heaters (units that transfer energy 
directly to a process stream), and fluidized bed combustion units; and
    (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 Regional Administrator has determined, 
on a case-by-case basis, to be a boiler, after considering the standards 
in Sec. 260.32.
    Carbon regeneration unit means any enclosed thermal treatment device 
used to regenerate spent activated carbon.
    Certification means a statement of professional opinion based upon 
knowledge and belief.
    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''.)
    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.
    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 subpart 
DD of parts 264 or 265 of this chapter.
    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

[[Page 8]]

waste constituents which could threaten human health or the environment.
    Corrective action management unit or CAMU means an area within a 
facility that is designated by the Regional Administrator under part 264 
subpart S, for the purpose of implementing corrective action 
requirements under Sec. 264.101 and RCRA section 3008(h). A CAMU shall 
only be used for the management of remediation wastes pursuant to 
implementing such corrective action requirements at the facility.
    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.
    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 parts 270 and 124 of this chapter, 
(2) has received a permit (or interim status) from a State authorized in 
accordance with part 271 of this chapter, or (3) is regulated under 
Sec. 261.6(c)(2) or subpart F of part 266 of this chapter, and (4) that 
has been designated on the manifest by the generator pursuant to 
Sec. 260.20. 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 paragraphs (a) and (c) of 
Secs. 273.13 and 273.33 of this chapter. 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.
    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.
    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 Sec. 261.22 of 
this chapter, or they are listed in subpart D of part 261 of the chapter 
only for this reason; and
    (2) Meets the definition of tank, tank system, container, transport 
vehicle, or vessel in Sec. 260.10 of this chapter.
    EPA hazardous waste number means the number assigned by EPA to each 
hazardous waste listed in part 261, subpart D, of this chapter and to 
each characteristic identified in part 261, subpart C, of this chapter.

[[Page 9]]

    EPA identification number means the number assigned by EPA 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 Administrator under Secs. 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 November 19, 1980. 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.
    Facility means:
    (1) 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 (e.g., one or more landfills, surface 
impoundments, or combinations of them).
    (2) For the purpose of implementing corrective action under 
Sec. 264.101, all contiguous property under the control of the owner or 
operator seeking a permit under subtitle C of RCRA. This definition also 
applies to facilities implementing corrective action under RCRA Section 
3008(h).
    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 parts 
264 and 265 of this chapter are no longer conducted at the

[[Page 10]]

facility unless subject to the provisions in Sec. 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.
    Generator means any person, by site, whose act or process produces 
hazardous waste identified or listed in part 261 of this chapter 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 waste means a hazardous waste as defined in Sec. 261.3 of 
this chapter.
    Hazardous waste constituent means a constituent that caused the 
Administrator to list the hazardous waste in part 261, subpart D, of 
this chapter, or a constituent listed in table 1 of Sec. 261.24 of this 
chapter.
    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 part 261 of this chapter. (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 part 265, appendix V, of this chapter 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

[[Page 11]]

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 Administrator 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 
Sec. 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.
    International shipment means the transportation of hazardous waste 
into or out of the jurisdiction of the United States.
    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.
    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.

[[Page 12]]

    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 and, if 
necessary, EPA form 8700-22A, originated and signed by the generator in 
accordance with the instructions included in the appendix to part 262.
    Manifest document number means the U.S. EPA twelve digit 
identification number assigned to the generator plus a unique five digit 
document number assigned to the Manifest by the generator for recording 
and reporting purposes.
    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 research, development, and demonstration permit under 
Sec. 270.65.
    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 October 21, 1976. (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 Sec. 264.193(g)(2) and 
Sec. 265.193(g)(2), a new tank system is one for which construction 
commences after July 14, 1986. (See also ``existing tank system.'')
    On ground tank means a device meeting the definition of ``tank'' in 
Sec. 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 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, 
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 the person responsible for the overall operation of a 
facility.
    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 parts 264 
and 265 of this chapter 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.
    Person means an individual, trust, firm, joint stock company, 
Federal Agency, corporation (including a government corporation), 
partnership, association, State, municipality, commission, political 
subdivision of a State, or any interstate body.

[[Page 13]]

    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 
part 264 or 265 of this chapter.
    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 FFDCA section 201(w), or
    (2) 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
    (3) Is an animal feed under FFDCA section 201(x) that bears or 
contains any substances described by paragraph (1) or (2) of this 
definition.
    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) of 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 Ground-Water 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.
    Regional Administrator means the Regional Administrator for the EPA 
Region in which the facility is located, or his designee.
    Remediation waste means all solid and hazardous wastes, and all 
media (including groundwater, surface water, soils, and sediments) and 
debris, which contain listed hazardous wastes or which themselves 
exhibit a hazardous waste characteristic, that are managed for the 
purpose of implementing corrective action requirements under 
Sec. 264.101 and RCRA section 3008(h). For a given facility, remediation 
wastes may originate only from within the facility boundary, but may 
include waste managed in implementing RCRA sections 3004(v) or 3008(h) 
for releases beyond the facility boundary.
    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.

[[Page 14]]

    Saturated zone or zone of saturation means that part of the earth's 
crust in which all voids are filled with water.
    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 less than 
1000 kg of hazardous waste in a calendar month.
    Solid waste means a solid waste as defined in Sec. 261.2 of this 
chapter.
    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.
    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.
    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 40 CFR 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 are held during the normal 
course of transportation.

[[Page 15]]

    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 Sec. 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 zone means a soil area of the unsaturated zone of a land 
treatment unit within which hazardous constituents are degraded, 
transformed, or immobilized.
    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 Sec. 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.
    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 40 CFR part 273:
    (1) Batteries as described in 40 CFR 273.2;
    (2) Pesticides as described in 40 CFR 273.3; and
    (3) Thermostats as described in 40 CFR 273.4.
    Universal Waste Handler:
    (1) Means:
    (i) A generator (as defined in this section) of universal waste; or
    (ii) 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:
    (i) A person who treats (except under the provisions of 40 CFR 
273.13 (a) or (c), or 273.33 (a) or (c)), disposes of, or recycles 
universal waste; or
    (ii) 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

[[Page 16]]

interconnected 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, that has been used and as a result of such use in 
contaminated by physical or chemical impurities.
    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 Clean Water Act; 
and
    (2) Receives and treats or stores an influent wastewater that is a 
hazardous waste as defined in Sec. 261.3 of this chapter, or that 
generates and accumulates a wastewater treatment sludge that is a 
hazardous waste as defined in Sec. 261.3 of this chapter, or treats or 
stores a wastewater treatment sludge which is a hazardous waste as 
defined in Sec. 261.3 of this Chapter; and
    (3) Meets the definition of tank or tank system in Sec. 260.10 of 
this chapter.
    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''.)
    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.

[45 FR 33073, May 19, 1980]

    Editorial Note: For Federal Register citations affecting 
Sec. 260.10, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 260.11  References.

    (a) When used in parts 260 through 270 of this chapter, the 
following publications are incorporated by reference:

``ASTM Standard Test Methods for Flash Point of Liquids by Setaflash 
Closed Tester,'' ASTM Standard D-3278-78, available from American 
Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 
19103.
``ASTM Standard Test Methods for Flash Point by Pensky-Martens Closed 
Tester,'' ASTM Standard D-93-79 or D-93-80. D-93-80 is available from 
American Society for Testing and Materials, 1916 Race Street, 
Philadelphia, PA 19103.
``ASTM Standard Method for Analysis of Reformed Gas by Gas 
Chromatography,'' ASTM Standard D 1946-82, available from American 
Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 
19103.
``ASTM Standard Test Method for Heat of Combustion of Hydrocarbon Fuels 
by Bomb Calorimeter (High-Precision Method),'' ASTM Standard D 2382-83, 
available from American Society for Testing and Materials, 1916 Race 
Street, Philadelphia, PA 19103.
``ASTM Standard Practices for General Techniques of Ultraviolet-Visible 
Quantitative Analysis,'' ASTM Standard E 169-87, available from American 
Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 
19103.
``ASTM Standard Practices for General Techniques of Infrared 
Quantitative Analysis,'' ASTM Standard E 168-88, available from American 
Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 
19103.
``ASTM Standard Practice for Packed Column Gas Chromatography,'' ASTM 
Standard E 260-85, available from American Society for Testing and 
Materials, 1916 Race Street, Philadelphia, PA 19103.
``ASTM Standard Test Method for Aromatics in Light Naphthas and Aviation 
Gasolines by Gas Chromatography,'' ASTM Standard D 2267-88, available 
from American Society for Testing and Materials, 1916 Race Street, 
Philadelphia, PA 19103.
``ASTM Standard Test Method for Vapor Pressure-Temperature Relationship 
and Initial Decomposition Temperature of Liquids by Isoteriscope,'' ASTM 
Standard D 2879-86, available from American Society for Testing and 
Materials, 1916 Race Street, Philadelphia, PA 19103.
``APTI Course 415: Control of Gaseous Emissions,'' EPA Publication EPA-
450/2-81-005, December 1981, available from National Technical 
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
``Flammable and Combustible Liquids Code'' (1977 or 1981), available 
from the National Fire Protection Association, 470 Atlantic Avenue, 
Boston, MA 02210.
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' 
EPA Publication SW-846 [Third Edition (November,

[[Page 17]]

1986), as amended by Updates I (July, 1992), II (September, 1994), IIA 
(August, 1993), and IIB (January, 1995)]. The Third Edition of SW-846 
and Updates I, II, IIA, and IIB (document number 955-001-00000-1) are 
available from the Superintendent of Documents, U.S. Government Printing 
Office, Washington, DC 20402, (202) 512-1800. Copies may be inspected at 
the Library, U.S. Environmental Protection Agency, 401 M Street, SW, 
Washington, DC 20460.
``Screening Procedures for Estimating the Air Quality Impact of 
Stationary Sources, Revised'', October 1992, EPA Publication No. EPA-
450/R-92-019, Environmental Protection Agency, Research Triangle Park, 
NC.
``ASTM Standard Test Methods for Preparing Refuse-Derived Fuel (RDF) 
Samples for Analyses of Metals,'' ASTM Standard E926-88, Test Method C--
Bomb, Acid Digestion Method, available from American Society for Testing 
Materials, 1916 Race Street, Philadelphia, PA 19103.
``API Publication 2517, Third Edition'', February 1989, ``Evaporative 
Loss from External Floating-Roof Tanks,'' available from the American 
Petroleum Institute, 1220 L Street, Northwest, Washington, DC 20005.
``ASTM Standard Test Method for Vapor Pressure--Temperature Relationship 
and Initial Decomposition Temperature of Liquids by Isoteniscope,'' ASTM 
Standard D 2879-92, available from American Society for Testing and 
Materials (ASTM), 1916 Race Street, Philadelphia, Pennsylvania 19103;

0010  Modified Method 5 Sampling Train
0020  Source Assessment Sampling System (SASS)
0030  Volatile Organic Sampling Train
1320  Multiple Extraction Procedure
1330  Extraction Procedure for Oily Wastes
3611  Alumina Column Cleanup and Separation of Petroleum Wastes
5040  Protocol for Analysis of Sorbent Cartridges from Volatile Organic 
          Sampling Train
6010  Inductively Coupled Plasma Atomic Emission Spectroscopy
7090  Beryllium (AA, Direct Aspiration)
7091  Beryllium (AA, Furnace Technique)
7198  Chromium, Hexavalent (Differential Pulse Polarography)
7210  Copper (AA, Direct Aspiration)
7211  Copper (AA, Furnace Technique)
7380  Iron (AA, Direct Aspiration)
7381  Iron (AA, Furnace Technique)
7460  Manganese (AA, Direct Aspiration)
7461  Manganese (AA, Furnace Technique)
7550  Osmium (AA, Direct Aspiration)
7770  Sodium (AA, Direct Aspiration)
7840  Thallium (AA, Direct Aspiration)
7841  Thallium (AA, Furnace Technique)
7910  Vanadium (AA, Direct Aspiration)
7911  Vanadium (AA, Furnace Technique)
7950  Zinc (AA, Direct Aspiration)
7951  Zinc (AA, Furnace Technique)
9022  Total Organic Halides (TOX) by Neutron Activation Analysis
9035  Sulfate (Colorimetric, Automated, Chloranilate)
9036  Sulfate (Colorimetric, Automated, Methylthymol Blue, AA II)
9038  Sulfate (Turbidimetric)
9060  Total Organic Carbon
9065  Phenolics (Spectrophotometric, Manual 4-AAP with Distillation)
9066*  Phenolics (Colorimetric, Automated 4-AAP with Distillation)
9067  Phenolics (Spectrophotometric, MBTH with Distillation)
9070  Total Recoverable Oil and Grease (Gravimetric, Separatory Funnel 
          Extraction)
9071  Oil and Grease Extraction Method for Sludge Samples
9080  Cation-Exchange Capacity of Soils (Ammonium Acetate)
9081  Cation-Exchange Capacity of Soils (Sodium Acetate)
9100  Saturated Hydraulic Conductivity, Saturated Leachate Conductivity, 
          and Intrinsic Permeability
9131  Total Coliform: Multiple Tube Fermentation Technique
9132  Total Coliform: Membrane Filter Technique
9200  Nitrate
9250  Chloride (Colorimetric, Automated Ferricyanide AAI)
9251  Chloride (Colorimetric, Automated Ferricyanide AAII)
9252  Chloride (Titrimetric, Mercuric Nitrate)
9310  Gross Alpha and Gross Beta
9315  Alpha-Emitting Radium Isotopes
9320  Radium-228
    *When Method 9066 is used it must be preceded by the manual 
distillation specified in procedure 7.1 of Method 9065. Just prior to 
distillation in Method 9065, adjust the sulfuric acid-preserved sample 
to pH 4 with 1 + 9 NaOH. After the manual distillation is completed, the 
autoanalyzer manifold is simplified by connecting the re-sample line 
directly to the sampler.

    (b) The references listed in paragraph (a) of this section are also 
available for inspection at the Office of the Federal Register, 800 
North Capitol Street, NW., Suite 700, Washington, DC. These 
incorporations by reference were approved by the Director of the Federal 
Register. These materials are incorporated as they exist on the date of 
approval and a notice of any change in

[[Page 18]]

these materials will be published in the Federal Register.

[46 FR 35247, July 7, 1981, as amended at 50 FR 18374, Apr. 30, 1985; 52 
FR 8073, Mar. 16, 1987; 52 FR 41295, Oct. 27, 1987; 54 FR 40266, Sept. 
29, 1989; 55 FR 8949, Mar. 9, 1990; 55 FR 25493, June 21, 1990; 56 FR 
7206, Feb. 21, 1991; 58 FR 38883, July 20, 1993; 58 FR 46049, Aug. 31, 
1993; 59 FR 468, Jan. 4, 1994; 59 FR 28484, June 2, 1994; 59 FR 62926, 
Dec. 6, 1994; 60 FR 17004, Apr. 4, 1995]

    Effective Date Note: At 59 FR 62926, Dec. 6, 1994, Sec. 260.11 
paragraph (a) was amended by adding the references for ``API Publication 
2517'' and ``ASTM Standard Test Method for Vapor Pressure,'' and (b) was 
amended by revising the first sentence. At 60 FR 26828, May 19, 1995, 
the effective date was delayed to December 6, 1995; at 60 FR 56952, Nov. 
13, 1995, the effective date was delayed to June 6, 1996; and at 61 FR 
28508, June 5, 1996, the effective date was further delayed to October 
6, 1996. For the convenience of the reader, the superseded material is 
set forth as follows:

Sec. 260.11  References.

                                * * * * *

    (b) The references listed in paragraph (a) of this section are also 
available for inspection at the Office of the Federal Register, 1100 L 
Street, NW., Washington, DC 20408.



                     Subpart C--Rulemaking Petitions



Sec. 260.20  General.

    (a) Any person may petition the Administrator to modify or revoke 
any provision in parts 260 through 266, 268 and 273 of this chapter. 
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 part 261, 264 or 265 
of this chapter. Section 260.22 sets forth additional requirements for 
petitions to exclude a waste or waste-derived material at a particular 
facility from Sec. 261.3 of this chapter or the lists of hazardous 
wastes in subpart D of part 261 of this chapter. Section 260.23 sets 
forth additional requirements for petitions to amend part 273 of this 
chapter to include additional hazardous wastes or categories of 
hazardous waste as universal waste.
    (b) Each petition must be submitted to the Administrator by 
certified mail and must include:

    (1) The petitioner's name and address;
    (2) A statement of the petitioner's interest in the proposed action;
    (3) A description of the proposed action, including (where 
appropriate) suggested regulatory language; and
    (4) A statement of the need and justification for the proposed 
action, including any supporting tests, studies, or other information.
    (c) The Administrator will make a tentative decision to grant or 
deny a petition and will publish notice of such tentative decision, 
either in the form of an advanced notice of proposed rulemaking, a 
proposed rule, or a tentative determination to deny the petition, in the 
Federal Register for written public comment.
    (d) Upon the written request of any interested person, the 
Administrator may, at his discretion, hold an informal public hearing to 
consider oral comments on the tentative decision. A person requesting a 
hearing must state the issues to be raised and explain why written 
comments would not suffice to communicate the person's views. The 
Administrator may in any case decide on his own motion to hold an 
informal public hearing.
    (e) After evaluating all public comments the Administrator will make 
a final decision by publishing in the Federal Register a regulatory 
amendment or a denial of the petition.

[45 FR 33073, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986; 57 
FR 38564, Aug. 25, 1992; 60 FR 25540, May 11, 1995]



Sec. 260.21  Petitions for equivalent testing or analytical methods.

    (a) Any person seeking to add a testing or analytical method to part 
261, 264, or 265 of this chapter may petition for a regulatory amendment 
under this section and Sec. 260.20. To be successful, the person must 
demonstrate to the satisfaction of the Administrator that the proposed 
method is equal to or superior to the corresponding method prescribed in 
part 261, 264, or 265 of this chapter, in terms of its sensitivity, 
accuracy, and precision (i.e., reproducibility).

[[Page 19]]

    (b) Each petition must include, in addition to the information 
required by Sec. 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 part 261, 264, or 265 of this chapter;
    (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 
Administrator may request any additional information on the proposed 
method which he may reasonably require to evaluate the method.
    (d) If the Administrator amends the regulations to permit use of a 
new testing method, the method will be incorporated in ``Test Methods 
for the Evaluation of Solid Waste: Physical/Chemical Methods,'' SW-846, 
U.S. Environmental Protection Agency, Office of Solid Waste, Washington, 
DC 20460.

[45 FR 33073, May 19, 1980, as amended at 49 FR 47391, Dec. 4, 1984]



Sec. 260.22  Petitions to amend part 261 to exclude a waste produced at a particular facility.

    (a) Any person seeking to exclude a waste at a particular generating 
facility from the lists in subpart D of part 261 may petition for a 
regulatory amendment under this section and Sec. 260.20. To be 
successful:
    (1) The petitioner must demonstrate to the satisfaction of the 
Administrator 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 actutely hazardous waste; and
    (2) Based on a complete application, the Administrator must 
determine, where he 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. A waste 
which is so excluded, however, still may be a hazardous waste by 
operation of subpart C of part 261.
    (b) The procedures in this Section and Sec. 260.20 may also be used 
to petition the Administrator for a regulatory amendment to exclude from 
Sec. 261.3(a)(2)(ii) or (c), a waste which is described in these 
Sections and is either a waste listed in subpart D, or is derived from a 
waste listed in subpart 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 subpart C of 
part 261.
    (c) If the waste is listed with codes ``I'', ``C'', ``R'', or ``E'', 
in subpart D,
    (1) The petitioner must show that the waste does not exhibit the 
relevant characteristic for which the waste was listed as defined in 
Sec. 261.21, Sec. 261.22, Sec. 261.23, or Sec. 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 Sec. 261.21, Sec. 261.22, Sec. 261.23, or Sec. 261.24 using any 
applicable methods prescribed therein;
    (2) Based on a complete application, the Administrator must 
determine, where he 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,

[[Page 20]]

still may be a hazardous waste by operation of subpart C of part 261.
    (d) If the waste is listed with code ``T'' in subpart D,
    (1) The petitioner must demonstrate that the waste:
    (i) Does not contain the constituent or constituents (as defined in 
Appendix VII of part 261 of this chapter) that caused the Administrator 
to list the waste, using the appropriate test methods prescribed in 
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' 
EPA Publication SW-846, as incorporated by reference in Sec. 260.11; or
    (ii) Although containing one or more of the hazrdous constituents 
(as defined in appendix VII of part 261) that caused the Administrator 
to list the waste, does not meet the criterion of Sec. 261.11(a)(3) when 
considering the factors used by the Administrator in Sec. 261.11(a)(3) 
(i) through (xi) under which the waste was listed as hazardous; and
    (2) Based on a complete application, the Administrator must 
determine, where he 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 Sec. 261.21, Sec. 261.22, 
Sec. 261.23, and Sec. 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 subpart C of part 261.
    (e) If the waste is listed with the code ``H'' in subpart D,
    (1) The petitioner must demonstrate that the waste does not meet the 
criterion of Sec. 261.11(a)(2); and
    (2) Based on a complete application, the Administrator must 
determine, where he 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 Sec. 261.21, Sec. 261.22, 
Sec. 261.23, and Sec. 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 subpart C of part 261.
     (f) [Reserved for listing radioactive wastes.]
    (g) [Reserved for listing 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 Sec. 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 Sec. 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);

[[Page 21]]

    (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 Administrator 
may request any additional information which he 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 Administrator may exclude only part of the waste for which 
the demonstration is submitted where he has reason to believe that 
variability of the waste justifies a partial exclusion.

[45 FR 33073, May 19, 1980, as amended at 50 FR 28742, July 15, 1985; 54 
FR 27116, June 27, 1989; 58 FR 46049, Aug. 31, 1994]

    Editorial Note: For information on the availability of a guidance 
manual for petitions to delist hazardous wastes, see 50 FR 21607, May 
28, 1985.



Sec. 260.23  Petitions to amend 40 CFR part 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 regulations of part 273 of this 
chapter may petition for a regulatory amendment under this section, 40 
CFR 260.20, and subpart G of 40 CFR part 273.
    (b) To be successful, the petitioner must demonstrate to the 
satisfaction of the Administrator that regulation under the universal 
waste regulations of 40 CFR part 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 40 
CFR 260.20(b). The petition should also address as many of the factors 
listed in 40 CFR 273.81 as are appropriate for the waste or category of 
waste addressed in the petition.
    (c) The Administrator will grant or deny a petition using the 
factors listed in 40 CFR 273.81. The decision will be based on the 
weight of evidence showing that regulation under 40 CFR part 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 Administrator may request additional information needed to 
evaluate the merits of the petition.

[60 FR 25540, May 11, 1995]



Sec. 260.30  Variances from classification as a solid waste.

    In accordance with the standards and criteria in Sec. 260.31 and the 
procedures in Sec. 260.33, the Administrator 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 Sec. 261.1(c)(8) of this chapter);
    (b) Materials that are reclaimed and then reused within the original 
production process in which they were generated; and
    (c) Materials that have been reclaimed but must be reclaimed further 
before the materials are completely recovered.

[50 FR 661, Jan. 4, 1985; 50 FR 14219, Apr. 11, 1985, as amended at 59 
FR 48041, Sept. 19, 1994]



Sec. 260.31  Standards and criteria for variances from classification as a solid waste.

    (a) The Administrator 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

[[Page 22]]

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 Administrator'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 Administrator 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 prevalence of the practice on an industry-wide basis;
    (3) The extent to which the material is handled before reclamation 
to minimize loss;
    (4) The time periods between generating the material and its 
reclamation, and between reclamation and return to the original primary 
production process;
    (5) The location of the reclamation operation in relation to the 
production process;
    (6) 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;
    (7) Whether the person who generates the material also reclaims it;
    (8) Other relevant factors.
    (c) The Regional Administrator may grant requests for a variance 
from classifying as a solid waste those materials that have been 
reclaimed but must be reclaimed further before recovery is completed if, 
after initial reclamation, the resulting material is commodity-like 
(even though it is not yet a commercial product, and has to be reclaimed 
further). This determination will be based on the following factors:
    (1) The degree of processing the material has undergone and the 
degree of further processing that is required;
    (2) The value of the material after it has been reclaimed;
    (3) The degree to which the reclaimed material is like an analogous 
raw material;
    (4) The extent to which an end market for the reclaimed material is 
guaranteed;
    (5) The extent to which the reclaimed material is handled to 
minimize loss;
    (6) Other relevant factors.

[50 FR 662, Jan. 4, 1985, as amended at 59 FR 48041, Sept. 19, 1994]



Sec. 260.32  Variance to be classified as a boiler.

    In accordance with the standards and criteria in Sec. 260.10 
(definition of ``boiler''), and the procedures in Sec. 260.33, the 
Administrator 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 
Sec. 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

[[Page 23]]

``boiler'' functioning primarily to produce steam, heated fluids, or 
heated gases; and
    (f) Other factors, as appropriate.

[50 FR 662, Jan. 4, 1985, as amended at 59 FR 48041, Sept. 19, 1994]



Sec. 260.33  Procedures for variances from classification as a solid waste or to be classified as a boiler.

    The Administrator will use the following procedures in evaluating 
applications for variances from classification as a solid waste or 
applications to classify particular enclosed controlled flame combustion 
devices as boilers:
    (a) The applicant must apply to the Administrator for the variance. 
The application must address the relevant criteria contained in 
Sec. 260.31 or Sec. 260.32.
    (b) The Administrator 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 or radio broadcast in the locality where the recycler is 
located. The Administrator will accept comment on the tentative decision 
for 30 days, and may also hold a public hearing upon request or at his 
discretion. The Administrator will issue a final decision after receipt 
of comments and after the hearing (if any).

[59 FR 48041, Sept. 19, 1994]



Sec. 260.40  Additional regulation of certain hazardous waste recycling activities on a case-by-case basis.

    (a) The Regional Administrator may decide on a case-by-case basis 
that persons accumulating or storing the recyclable materials described 
in Sec. 261.6(a)(2)(iv) of this chapter should be regulated under 
Sec. 261.6 (b) and (c) of this chapter. 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 Regional Administrator 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.
    (b) [Reserved]

The procedures for this decision are set forth in Sec. 260.41 of this 
chapter.

[50 FR 662, Jan. 4, 1985]



Sec. 260.41  Procedures for case-by-case regulation of hazardous waste recycling activities.

    The Regional Administrator will use the following procedures when 
determining whether to regulate hazardous waste recycling activities 
described in Sec. 261.6(a)(2)(iv) under the provisions of Sec. 261.6 (b) 
and (c), rather than under the provisions of subpart F of part 266 of 
this chapter.
    (a) If a generator is accumulating the waste, the Regional 
Administrator will issue a notice setting forth the factual basis for 
the decision and stating that the person must comply with the applicable 
requirements of subparts A, C, D, and E of part 262 of this chapter. 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 Regional Administrator will hold a public hearing. The 
Regional Administrator will provide notice of the hearing to the public 
and allow public participation at the hearing. The Regional 
Administrator will issue a final order after the hearing stating whether 
or not compliance with part 262 is required. The order becomes effective 
30 days after service of the decision unless the Regional Administrator 
specifies a later date or unless review by the Administrator is 
requested. The order may be appealed to the Administrator by any person 
who participated in the public hearing. The Administrator may choose to 
grant or to deny the appeal. Final Agency action occurs when a final 
order is issued and Agency review procedures are exhausted.

[[Page 24]]

    (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 parts 270 and 124 
of this chapter. 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 Regional Administrator'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 Agency's determination. The question of 
whether the Regional Administrator's decision was proper will remain 
open for consideration during the public comment period discussed under 
Sec. 124.11 of this chapter and in any subsequent hearing.

[50 FR 663, Jan. 4, 1985]`

       Appendix I to Part 260--Overview of Subtitle C Regulations

    The Agency believes that there are many people who suspect, but are 
not sure, that their activities are subject to control under the RCRA 
Subtitle C rules. This appendix is written for these people. It is 
designed to help those who are unfamiliar with the hazardous waste 
control program to determine with which, if any, of the regulations they 
should comply.

                        Definition of Solid Waste

    The first question which such a person should ask himself is: ``Is 
the material I handle a solid waste?'' If the answer to this question is 
``No'', then the material is not subject to control under RCRA and, 
therefore, the person need not worry about whether he should comply with 
the Subtitle C rules.
    Section 261.2 of this chapter provides a definition of ``solid 
waste'' which expands the statutory definition of that term given in 
section 1004(27) of RCRA. This definition is diagrammed in Figure 1 
below.
    Figure 1 explains that all materials are either: (1) Garbage refuse, 
or sludge; (2) solid, liquid, semi-solid or contained gaseous material; 
or (3) something else. No materials in the third category are solid 
waste. All materials in the first category are solid waste. Materials in 
the second category are solid waste unless they are one of the five 
exclusions specified in Sec. 261.4(a).

                      Definition of Hazardous Waste

    If a person has determined that his material is a ``solid waste'', 
the next question he should ask is: ``Is the solid waste I handle a 
hazardous waste?''
    Hazardous waste is defined in Sec. 261.3 of this chapter. Section 
261.3 provides that, in general, a solid waste is a hazardous waste if: 
(1) It is, or contains, a hazardous waste listed in subpart D of part 
261 of this chapter, or (2) the waste exhibits any of the 
characteristics defined in subpart C of part 261. However, parts 260 and 
261 also contain provisions which exclude (Secs. 261.4(b), 260.20, and 
260.22) certain solid wastes from the definition of ``hazardous waste'', 
even though they are listed in subpart D or exhibit one or more of the 
characteristics defined in subpart C. Figure 2 depicts the interplay of 
these special provisions with the definition of ``hazardous waste''. It 
presents a series of questions which a person should ask himself 
concerning his waste. After doing so, the person should be able to 
determine if the solid waste he handles is a hazardous waste.

                       Hazardous Waste Regulations

    If this is the case, the person should look at Figure 3. Figure 3 
depicts the special provisions specified in the final part 261 rules for 
hazardous waste which:

1. Is generated by a small quantity generator
2. Is or is intended to be legitimately and beneficially used, re-used, 
recycled, or reclaimed
3. Is a sludge; is listed in part 261, subpart D; or is a mixture 
containing a waste listed in part 261, subpart D.

    For each of these Groups, Figure 3 indicates with which subtitle C 
regulations (if any) the person handling these wastes must comply. 
Figure 3 also explains that, if a person handles hazardous waste which 
is not included in any one of the above three categories, his waste is 
subject to the subtitle C regulations diagrammed in Figure 4.
    Figure 4 is a flowchart which identifies the three categories of 
activities regulated under the subtitle C rules, and the corresponding 
set of rules with which people in each of these categories must comply. 
It points out that all people who handle hazardous waste are either: (1) 
Generators of hazardous waste, (2) transporters of hazardous waste, (3) 
owners or operators of hazardous waste treatment, storage, or disposal 
facilities, or (4) a combination of the above. Figure 4 indicates that 
all of these people must notify EPA of their hazardous waste activities 
in accordance with the Section 3010 Notification Procedures (see 45 FR 
12746 et seq.), and obtain an EPA identification number.
    It should be noted that people handling wastes listed in subpart D 
of part 261 who have filed, or who intend to file an application to 
exempt their waste from regulation

[[Page 25]]

under the subtitle C rules, must also comply with the notification 
requirements of section 3010.
    If a person generates hazardous waste, Figure 4 indicates that he 
must comply with the part 262 rules. If he transports it, he must comply 
with the part 263 rules. The standards in both these parts are designed 
to ensure, among other things, proper recordkeeping and reporting, the 
use of a manifest system to track shipments of hazardous waste, the use 
of proper labels and containers, and the delivery of the waste to a 
permitted treatment, storage, or disposal facility.
    If a person owns or operates a facility which treats, stores, or 
disposes of hazardous waste, the standards with which he must comply 
depend on a number of factors. First of all, if the owner or operator of 
a storage facility is also the person who generates the waste, and the 
waste is stored at the facility for less than 90 days for subsequent 
shipment off-site, then the person must comply with Sec. 262.34 of the 
part 262 rules.
    All other owners or operators of treatment, storage, or disposal 
facilities must comply with either the part 264 or the part 265 rules. 
To determine with which of these sets of rules an owner or operator must 
comply, he must find out whether his facility qualifies for interim 
status. To qualify, the owner or operator must: (1) Have been treating, 
storing, or disposing of the hazardous waste, or commenced facility 
construction on or before October 21, 1976, (2) comply with the section 
3010 notification requirements, and (3) apply for a permit under part 
270 of this chapter.
    If the owner or operator has done all of the above, he qualifies for 
interim status, and he must comply with the part 265 rules. These rules 
contain administrative requirements, monitoring and closure standards, 
and an abbreviated set of technical and closure and post-closure cost 
estimate requirements. The owner or operator must comply with these 
standards until final administrative disposition of his permit 
application is made. If a permit is issued to the owner or operator, he 
must then comply with the permit which will be based on the part 264 
rules.
    If the owner or operator has not carried out the above three 
requirements, he does not qualify for interim status. Until he is issued 
a permit for his facility, the owner or operator must stop waste 
management operations (if any) at the facility, and send his hazardous 
waste (if any) to a facility whose owner or operator has interim status 
or to a storage facility following the part 262 rules.
    In order to apply for a permit, the owner or operator must comply 
with the procedures specified in part 270 of this chapter.
    It should be noted that the Agency will be periodically revising the 
rules depicted in Figures 3 and 4. All persons are encouraged to write 
to EPA to verify that the regulations which they are reading are up-to-
date. To obtain this verification, contact: Solid Waste Information, 
U.S. Environmental Protection Agency, 26 West St. Clair Street, 
Cincinnati, Ohio 45268 (513) 684-5362.

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PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE--Table of Contents




                           Subpart A--General

Sec.
261.1  Purpose and scope.
261.2  Definition of solid waste.
261.3  Definition of hazardous waste.
261.4  Exclusions.
261.5  Special requirements for hazardous waste generated by 
          conditionally exempt small quantity generators.
261.6  Requirements for recyclable materials.
261.7  Residues of hazardous waste in empty containers.
261.8  PCB wastes regulated under Toxic Substance Control Act.
261.9  Requirements for Universal Waste.

[[Page 30]]

  Subpart B--Criteria for Identifying the Characteristics of Hazardous 
                 Waste and for Listing Hazardous Wastes

261.10  Criteria for identifying the characteristics of hazardous waste.
261.11  Criteria for listing hazardous waste.

              Subpart C--Characteristics of Hazardous Waste

261.20  General.
261.21  Characteristic of ignitability.
261.22  Characteristic of corrosivity.
261.23  Characteristic of reactivity.
261.24  Toxicity characteristic.

                  Subpart D--Lists of Hazardous Wastes

261.30  General.
261.31  Hazardous wastes from non-specific sources.
261.32  Hazardous wastes from specific sources.
261.33  Discarded commercial chemical products, off-specification 
          species, container residues, and spill residues thereof.
261.35  Deletion of certain hazardous waste codes following equipment 
          cleaning and replacement.

Appendix I to Part 261--Representative Sampling Methods
Appendix II to Part 261--Method 1311 Toxicity Characteristic Leaching 
          Procedure (TCLP)
Appendix III to Part 261--Chemical Analysis Test Methods
Appendix IV to Part 261--[Reserved for Radioactive Waste Test Methods]
Appendix V to Part 261--[Reserved for Infectious Waste Treatment 
          Specifications]
Appendix VI to Part 261--[Reserved for Etiologic Agents]
Appendix VII to Part 261--Basis for Listing Hazardous Waste
Appendix VIII to Part 261--Hazardous Constituents
Appendix IX to Part 261--Wastes Excluded Under Secs. 260.20 and 260.22

    Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938.

    Source: 45 FR 33119, May 19, 1980, unless otherwise noted.



                           Subpart A--General



Sec. 261.1  Purpose and scope.

    (a) This part identifies those solid wastes which are subject to 
regulation as hazardous wastes under parts 262 through 265, 268, and 
parts 270, 271, and 124 of this chapter and which are subject to the 
notification requirements of section 3010 of RCRA. In this part:
    (1) Subpart A defines the terms ``solid waste'' and ``hazardous 
waste'', identifies those wastes which are excluded from regulation 
under parts 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) Subpart B sets forth the criteria used by EPA to identify 
characteristics of hazardous waste and to list particular hazardous 
wastes.
    (3) Subpart C identifies characteristics of hazardous waste.
    (4) Subpart D lists particular hazardous wastes.
    (b)(1) The definition of solid waste contained in this part applies 
only to wastes that also are hazardous for purposes of the regulations 
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 part 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 part, or is not 
a hazardous waste identified or listed in this part, is still a solid 
waste and a hazardous waste for purposes of these sections if:
    (i) In the case of sections 3007 and 3013, EPA 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 Secs. 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 Sec. 260.10 of this 
chapter;
    (3) A ``by-product'' is a material that is not one of the primary 
products of a production process and is not solely or

[[Page 31]]

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.
    (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. 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 regulation under 
Sec. 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.

[45 FR 33119, May 19, 1980, as amended at 48 FR 14293, Apr. 1, 1983; 50 
FR 663, Jan. 4, 1985; 51 FR 10174, Mar. 24, 1986; 51 FR 40636, Nov. 7, 
1986]



Sec. 261.2  Definition of solid waste.

    (a)(1) A solid waste is any discarded material that is not excluded 
by Sec. 261.4(a) or that is not excluded by variance granted under 
Secs. 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) Recycled, as explained in paragraph (c) of this section; or
    (iii) Considered inherently waste-like, as explained in paragraph 
(d) of this section.
    (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.
    (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 
a ``*'' in Column 1 of Table I 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

[[Page 32]]

which cases the product itself remains a solid waste).
    (ii) However, commercial chemical products listed in Sec. 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 a ``*'' 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 Sec. 261.33 are 
not solid wastes if they are themselves fuels.
    (3) Reclaimed. Materials noted with a ``*'' in column 3 of Table 1 
are solid wastes when reclaimed.
    (4) Accumulated speculatively. Materials noted with a ``*'' in 
column 4 of Table 1 are solid wastes when accumulated speculatively.
  

                                                     Table 1                                                    
----------------------------------------------------------------------------------------------------------------
                                Use constituting     Energy recovery/                            Speculative    
                                 disposal (Sec.         fuel (Sec.       Reclamation (Sec.    accumulation (Sec.
                                  261.2(c)(1))         261.2(c)(2))         261.2(c)(3))         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 part 261.31 or 261.32).            (*)                  (*)                  (*)                  (*)      
By-products exhibiting a                                                                                        
 characteristic of hazardous                                                                                    
 waste......................            (*)                  (*)        ...................            (*)      
Commercial chemical products                                                                                    
 listed in 40 CFR 261.33....            (*)                  (*)        ...................  ...................
Scrap metal.................            (*)                  (*)                  (*)                  (*)      
----------------------------------------------------------------------------------------------------------------
Note: The terms ``spent materials,'' ``sludges,'' ``by-products,'' and ``scrap metal'' are defined in Sec.      
  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 subparts C or D of this part, 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; and
    (iii) The material is processed continually on-site in the halogen 
acid furnace via direct conveyance (hard piping).
    (3) The Administrator 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 part 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.

[[Page 33]]

    (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 regulations 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.

[50 FR 664, Jan. 4, 1985, as amended at 50 FR 33542, Aug. 20, 1985; 56 
FR 7206, Feb. 21, 1991; 56 FR 32688, July 17, 1991; 56 FR 42512, Aug. 
27, 1991; 57 FR 38564, Aug. 25, 1992; 59 FR 48042, Sept. 19, 1994]



Sec. 261.3  Definition of hazardous waste.

    (a) A solid waste, as defined in Sec. 261.2, is a hazardous waste 
if:
    (1) It is not excluded from regulation as a hazardous waste under 
Sec. 261.4(b); and
    (2) It meets any of the following criteria:
    (i) It exhibits any of the characteristics of hazardous waste 
identified in subpart C except that any mixture of a waste from the 
extraction, beneficiation, and processing of ores and minerals excluded 
under Sec. 261.4(b)(7) and any other solid waste exhibiting a 
characteristic of hazardous waste under subpart C of this part 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 I to Sec. 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 subpart D of this part and has not been 
excluded from the lists in subpart D of this part under Secs. 260.20 and 
260.22 of this chapter.
    (iii) It is a mixture of a solid waste and a hazardous waste that is 
listed in subpart D of this part solely because it exhibits one or more 
of the characteristics of hazardous waste identified in subpart C of 
this part, unless the resultant mixture no longer exhibits any 
characteristic of hazardous waste identified in subpart C of this part, 
or unless the solid waste is excluded from regulation under 
Sec. 261.4(b)(7) and the resultant mixture no longer exhibits any 
characteristic of hazardous waste identified in subpart C of this part 
for which the hazardous waste listed in subpart D of this part was 
listed. (However, nonwastewater mixtures are still subject to the 
requirements of part 268 of this chapter, even if they no longer exhibit 
a characteristic at the point of land disposal).
    (iv) It is a mixture of solid waste and one or more hazardous wastes 
listed in subpart D of this part and has not been excluded from 
paragraph (a)(2) of this section under Secs. 260.20 and 260.22 of this 
chapter; however, the following mixtures of solid wastes and hazardous 
wastes listed in subpart D of this part are not hazardous wastes (except 
by application of paragraph (a)(2) (i) or (ii) of this section) if the 
generator can demonstrate that the mixture consists of wastewater the 
discharge of which is

[[Page 34]]

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 wastewater) and:
    (A) One or more of the following solvents listed in Sec. 261.31--
carbon tetrachloride, tetrachloroethylene, trichloroethylene--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
    (B) One or more of the following spent solvents listed in 
Sec. 261.31--methylene chloride, 1,1,1-trichloroethane, chlorobenzene, 
o-dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene, methyl 
ethyl ketone, carbon disulfide, isobutanol, pyridine, spent 
chlorofluorocarbon 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
    (C) One of the following wastes listed in Sec. 261.32--heat 
exchanger bundle cleaning sludge from the petroleum refining industry 
(EPA Hazardous Waste No. K050); or
    (D) A discarded commercial chemical product, or chemical 
intermediate listed in Sec. 261.33, arising from de minimis losses of 
these materials from manufacturing operations in which these materials 
are used as raw materials or are produced in the manufacturing process. 
For purposes of this paragraph (a)(2)(iv)(D), ``de minimis'' losses 
include 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 rinstate from 
empty containers or from containers that are rendered empty by that 
rinsing; or
    (E) Wastewater resulting from laboratory operations containing toxic 
(T) wastes listed in subpart D of this part, 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 Sec. 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 can not 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 dilutions into the headworks of the facility's 
wastewater treatment system does not exceed a total of 5 parts per 
million by weight; or
    (G) Wastewaters derived from the treatment of one or more of the 
following wastes listed in Sec. 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.
    (v) Rebuttable presumption for used oil. Used oil containing more 
than 1000 ppm

[[Page 35]]

total halogens is presumed to be a hazardous waste because it has been 
mixed with halogenated hazardous waste listed in subpart D of part 261 
of this chapter. Persons may rebut this presumption by demonstrating 
that the used oil does not contain hazardous waste (for example, by 
using an analytical method from SW-846, Third Edition, to show that the 
used oil does not contain significant concentrations of halogenated 
hazardous constituents listed in appendix VIII of part 261 of this 
chapter). EPA Publication SW-846, Third Edition, is available for the 
cost of $110.00 from the Government Printing Office, Superintendent of 
Documents, PO Box 371954, Pittsburgh, PA 15250-7954. 202-512-1800 
(document number 955-001-00000-1).
    (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 regulation 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 subpart D of this part, when 
the waste first meets the listing description set forth in subpart D of 
this part.
    (2) In the case of a mixture of solid waste and one or more listed 
hazardous wastes, when a hazardous waste listed in subpart 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 subpart C of 
this part.
    (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) of this 
section, 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 Sec. 261.6(a)(3)(iv) through (vi).
    (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 40 CFR 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

[[Page 36]]

the material meets all of the exclusion requirements.

------------------------------------------------------------------------
                                                         Maximum for any
                                                              single    
                      Constituent                           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 EPA region or authorized state 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 EPA region or an authorized state on an annual 
basis if such changes occur. Such notification and certification should 
be sent to the EPA region or authorized state 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 Sec. 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).
    (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 subpart C of this part. 
(However, wastes that exhibit a characteristic at the point of 
generation may still be subject to the requirements of part 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 subpart D 
of this part, contains a waste listed under subpart D of this part or is 
derived from a waste listed in subpart D of this part, it also has been 
excluded from paragraph (c) of this section under Secs. 260.20 and 
260.22 of this chapter.
    (e)  [Reserved]
    (f) Notwithstanding paragraphs (a) through (d) of this section and 
provided the debris as defined in part 268 of this chapter does not 
exhibit a characteristic identified at subpart C of this part, the 
following materials are not subject to regulation under 40 CFR parts 
260, 261 to 266, 268, or 270:
    (1) Hazardous debris as defined in part 268 of this chapter that has 
been

[[Page 37]]

treated using one of the required extraction or destruction technologies 
specified in Table 1 of Sec. 268.45 of this chapter; 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 part 268 of this chapter that the Regional 
Administrator, considering the extent of contamination, has determined 
is no longer contaminated with hazardous waste.

[57 FR 7632, Mar. 3, 1992; 57 FR 23063, June 1, 1992, as amended at 57 
FR 37263, Aug. 18, 1992; 57 FR 41611, Sept. 10, 1992; 57 FR 49279, Oct. 
30, 1992; 59 FR 38545, July 28, 1994; 60 FR 7848, Feb. 9, 1995]



Sec. 261.4  Exclusions.

    (a) Materials which are not solid wastes. The following materials 
are not solid wastes for the purpose of this part:
    (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 part 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 Sec. 261.1(c) of 
this chapter.
    (7) Spent sulfuric acid used to produce virgin sulfuric acid, unless 
it is accumulated speculatively as defined in Sec. 261.1(c) of this 
chapter.
    (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.
    (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 section 261.24 of this part 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

[[Page 38]]

drums (if shipped) and not land disposed before recovery.
    (12) Recovered oil from petroleum refining, exploration and 
production, and from transportation incident thereto, which is to be 
inserted into the petroleum refining process (SIC Code 2911) at or 
before a point (other than direct insertion into a coker) where 
contaminants are removed. This exclusion applies to recovered oil stored 
or transported prior to insertion, except that the oil must not be 
stored in a manner involving placement on the land, and must not be 
accumulated speculatively, before being so recycled. Recovered oil is 
oil that has been reclaimed from secondary materials (such as 
wastewater) generated from normal petroleum refining, exploration and 
production, and transportation practices. Recovered oil includes oil 
that is recovered from refinery wastewater collection and treatment 
systems, oil recovered from oil and gas drilling operations, and oil 
recovered from wastes removed from crude oil storage tanks. Recovered 
oil does not include (among other things) oil-bearing hazardous waste 
listed in 40 CFR part 261 D (e.g., K048-K052, F037, F038). However, oil 
recovered from such wastes may be considered recovered oil. Recovered 
oil also does not include used oil as defined in 40 CFR 279.1.
    (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) Fly ash waste, bottom ash waste, slag waste, and flue gas 
emission control waste, generated primarily from the combusion of coal 
or other fossil fuels, except as provided by Sec. 266.112 of this 
chapter for facilities that burn or process hazardous waste.
    (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 subpart 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 exlcusively (or nearly exclusively) and the process 
does not generate hexavalent chromium; and
    (C) The waste is typically and frequently managed in non-oxidizing 
environments.

[[Page 39]]

    (ii) Specific waste 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/crome 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 sludes generated by the following 
subcategories of the leather tanning and finishing industry: Hair pulp/
chrome tan/retan/wet finish; hair save/chrometan/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 Sec. 266.112 of this 
chapter for facilities that burn or process hazardous waste. For 
purposes of Sec. 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. For the purpose of Sec. 261.4(b)(7), solid waste from the 
processing of ores and minerals includes only the following wastes:
    (i) Slag from primary copper processing;
    (ii) Slag from primary lead processing;
    (iii) Red and brown muds from bauxite refining;
    (iv) Phosphogypsum from phosphoric acid production;
    (v) Slag from elemental phosphorus production;
    (vi) Gasifier ash from coal gasification;
    (vii) Process wastewater from coal gasification;
    (viii) Calcium sulfate wastewater treatment plant sludge from 
primary copper processing;
    (ix) Slag tailings from primary copper processing;
    (x) Fluorogypsum from hydrofluoric acid production;
    (xi) Process wastewater from hydrofluoric acid production;
    (xii) Air pollution control dust/sludge from iron blast furnaces;
    (xiii) Iron blast furnace slag;
    (xiv) Treated residue from roasting/leaching of chrome ore;

[[Page 40]]

    (xv) Process wastewater from primary magnesium processing by the 
anhydrous process;
    (xvi) Process wastewater from phosphoric acid production;
    (xvii) Basic oxygen furnace and open hearth furnace air pollution 
control dust/sludge from carbon steel production;
    (xviii) Basic oxygen furnace and open hearth furnace slag from 
carbon steel production;
    (xix) Chloride process waste solids from titanium tetrachloride 
production;
    (xx) Slag from primary zinc processing.
    (8) Cement kiln dust waste, except as provided by Sec. 266.112 of 
this chapter 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 product for these materials' 
intended end use.
    (10) Petroleum-contaminated media and debris that fail the test for 
the Toxicity Characteristic of Sec. 261.24 (Hazardous Waste Codes D018 
through D043 only) and are subject to the corrective action regulations 
under part 280 of this chapter.
    (11) Injected groundwater that is hazardous only because it exhibits 
the Toxicity Characteristic (Hazardous Waste Codes D018 through D043 
only) in Sec. 261.24 of this part 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 [insert date six 
months after publication]. 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 subpart D of this part 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.
    (c) Hazardous wastes which are exempted from certain regulations. 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 parts 262 through 265, 268, 270, 271 and 124 of this 
chapter 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

[[Page 41]]

or transportation of product or raw materials.
    (d) Samples. (1) Except as provided in paragraph (d)(2) 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 part or parts 262 through 268 or part 270 or part 124 of this 
chapter 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.
    (e) Treatability Study Samples. (1) Except as provided in paragraph 
(e)(2) 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 parts 261 through 263 of this 
chapter or to the notification requirements of Section 3010 of RCRA, nor 
are such samples included in the quantity determinations of Sec. 261.5 
and Sec. 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

[[Page 42]]

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 Sec. 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)(v)(C) of this section in its biennial report.
    (3) The Regional Administrator may grant requests on a case-by-case 
basis for up to an additional two years for treatability studies 
involving bioremediation. The Regional Administrator 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 treatabilty 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 Regional Administrator 
in the Region where the sample is collected 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

[[Page 43]]

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 Regional Administrator considers 
necessary.
    (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 part, part 124, 
parts 262-266, 268, and 270, 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 Regional Administrator, or State Director (if 
located in an authorized State), 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;

[[Page 44]]

    (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 Regional 
Administrator, or State Director (if located in an authorized State), by 
March 15 of each year that estimates the number of studies and the 
amount of waste expected to be used in treatability studies during the 
current year, and 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 Sec. 261.3 
and, if so, are subject to parts 261 through 268, and part 270 of this 
chapter, unless the residues and unused samples are returned to the 
sample originator under the Sec. 261.4(e) exemption.
    (11) The facility notifies the Regional Administrator, or State 
Director (if located in an authorized State), by letter when the 
facility is no longer planning to conduct any treatability studies at 
the site.

[45 FR 33119, May 19, 1980]

    Editorial Note: For Federal Register citations affecting Sec. 261.4, 
see the List of CFR Sections Affected in the Finding Aids section of 
this volume.



Sec. 261.5  Special requirements for hazardous waste generated by conditionally exempt small quantity generators.

    (a) A generator is a conditionally exempt small quantity generator 
in a calendar month if he generates no more than 100 kilograms of 
hazardous waste in that month.
    (b) Except for those wastes identified in paragraphs (e), (f), (g), 
and (j) of this section, a conditionally exempt small quantity 
generator's hazardous wastes are not subject to regulation under parts 
262 through 266, 268, and parts 270 and 124 of this chapter, and the 
notification requirements of section 3010 of RCRA, provided the 
generator complies with the requirements of paragraphs (f), (g), and (j) 
of this section.
    (c) When making the quantity determinations of this part and 40 CFR 
part 262, the generator must include all hazardous waste that it 
generates, except hazardous waste that:
    (1) Is exempt from regulation under 40 CFR 261.4(c) through (f), 
261.6(a)(3), 261.7(a)(1), or 261.8; or
    (2) Is managed immediately upon generation only in on-site 
elementary neutralization units, wastewater treatment units, or totally 
enclosed treatment facilities as defined in 40 CFR 260.10; or
    (3) Is recycled, without prior storage or accumulation, only in an 
on-site process subject to regulation under 40 CFR 261.6(c)(2); or
    (4) Is used oil managed under the requirements of 40 CFR 261.6(a)(4) 
and 40 CFR part 279; or
    (5) Is spent lead-acid batteries managed under the requirements of 
40 CFR part 266, subpart G; or
    (6) Is universal waste managed under 40 CFR 261.9 and 40 CFR part 
273.

[[Page 45]]

    (d) In determining the quantity of hazardous waste generated, a 
generator need not include:
    (1) Hazardous waste when it is removed from on-site storage; or
    (2) Hazardous waste produced by on-site treatment (including 
reclamation) of his hazardous waste, so long as the hazardous waste that 
is treated was counted once; or
    (3) Spent materials that are generated, reclaimed, and subsequently 
reused on-site, so long as such spent materials have been counted once.
    (e) If a generator generates acute hazardous waste in a calendar 
month in quantities greater than set forth below, all quantities of that 
acute hazardous waste are subject to full regulation under parts 262 
through 266, 268, and parts 270 and 124 of this chapter, and the 
notification requirements of section 3010 of RCRA:
    (1) A total of one kilogram of acute hazardous wastes listed in 
Secs. 261.31, 261.32, or 261.33(e).
    (2) A total of 100 kilograms of any residue or contaminated soil, 
waste, or other debris resulting from the clean-up of a spill, into or 
on any land or water, of any acute hazardous wastes listed in 
Secs. 261.31, 261.32, or 261.33(e).
    [Comment: ``Full regulation'' means those regulations applicable to 
generators of greater than 1,000 kg of non-acutely hazardous waste in a 
calendar month.]
    (f) In order for acute hazardous wastes generated by a generator of 
acute hazardous wastes in quantities equal to or less than those set 
forth in paragraph (e)(1) or (2) of this section to be excluded from 
full regulation under this section, the generator must comply with the 
following requirements:
    (1) Section 262.11 of this chapter;
    (2) The generator may accumulate acute hazardous waste on-site. If 
he accumulates at any time acute hazardous wastes in quantities greater 
than those set forth in paragraph (e)(1) or (e)(2) of this section, all 
of those accumulated wastes are subject to regulation under parts 262 
through 266, 268, and parts 270 and 124 of this chapter, and the 
applicable notification requirements of section 3010 of RCRA. The time 
period of Sec. 262.34(a) of this chapter, for accumulation of wastes on-
site, begins when the accumulated wastes exceed the applicable exclusion 
limit;
    (3) A conditionally exempt small quantity generator may either treat 
or dispose of his acute 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 part 270 of this chapter;
    (ii) In interim status under parts 270 and 265 of this chapter;
    (iii) Authorized to manage hazardous waste by a State with a 
hazardous waste management program approved under part 271 of this 
chapter;
    (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 Part 258 of this chapter;
    (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 after January 1, 1998, is subject to the 
requirements in Secs. 257.5 through 257.30 of this chapter; or
    (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; or
    (vii) For universal waste managed under part 273 of this chapter, a 
universal waste handler or destination facility subject to the 
requirements of part 273 of this chapter.
    (g) In order for hazardous waste generated by a conditionally exempt 
small quantity generator in quantities of less than 100 kilograms of 
hazardous waste during a calendar month to be excluded from full 
regulation under this section, the generator must comply with the 
following requirements:
    (1) Section 262.11 of this chapter;
    (2) The conditionally exempt small quantity generator may accumulate 
hazardous waste on-site. If he accumulates at any time more than a total 
of 1000 kilograms of his hazardous wastes, all of those accumulated 
wastes are subject to regulation under the special provisions of part 
262 applicable to generators of between 100 kg and 1000 kg of hazardous 
waste in a calendar month as well as the requirements of parts 263

[[Page 46]]

through 266, 268, and parts 270 and 124 of this chapter, and the 
applicable notification requirements of section 3010 of RCRA. The time 
period of Sec. 262.34(d) for accumulation of wastes on-site begins for a 
conditionally exempt small quantity generator when the accumulated 
wastes exceed 1000 kilograms;
    (3) A conditionally exempt small quantity generator may either treat 
or dispose of his 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 part 270 of this chapter;
    (ii) In interim status under parts 270 and 265 of this chapter;
    (iii) Authorized to manage hazardous waste by a State with a 
hazardous waste management program approved under part 271 of this 
chapter;
    (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 Part 258 of this chapter;
    (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 after January 1, 1998, is subject to the 
requirements in Secs. 257.5 through 257.30 of this chapter; or
    (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; or
    (vii) For universal waste managed under part 273 of this chapter, a 
universal waste handler or destination facility subject to the 
requirements of part 273 of this chapter.
    (h) Hazardous waste subject to the reduced requirements of this 
section may be mixed with non-hazardous waste and remain subject to 
these reduced requirements even though the resultant mixture exceeds the 
quantity limitations identified in this section, unless the mixture 
meets any of the characteristics of hazardous waste identified in 
subpart C.
    (i) If any person mixes a solid waste with a hazardous waste that 
exceeds a quantity exclusion level of this section, the mixture is 
subject to full regulation.
    (j) If a conditionally exempt small quantity generator's wastes are 
mixed with used oil, the mixture is subject to part 279 of this chapter 
if it is destined to be burned for energy recovery. Any material 
produced from such a mixture by processing, blending, or other treatment 
is also so regulated if it is destined to be burned for energy recovery.

[51 FR 10174, Mar. 24, 1986, as amended at 51 FR 28682, Aug. 8, 1986; 51 
FR 40637, Nov. 7, 1986; 53 FR 27163, July 19, 1988; 58 FR 26424, May 3, 
1993; 60 FR 25541, May 11, 1995; 61 FR 34278, July 1, 1996]

    Effective Date Note: At 61 FR 34278, July 1, 1996, Sec. 261.5 was 
amended by revising (f)(3) and (g)(3), effective Jan. 1, 1997. For the 
convenience of the user, the superseded text is set forth as follows:
Sec. 261.5  Special requirements for hazardous waste generated by 
conditionally exempt small quantity generators.

                                * * * * *

    (f) * * *
    (3) A conditionally exempt small quantity generator may either treat 
or dispose of his acute 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 part 270 of this chapter;
    (ii) In interim status under parts 270 and 265 of this chapter;
    (iii) Authorized to manage hazardous waste by a State with a 
hazardous waste management program approved under part 271 of this 
chapter;
    (iv) Permitted, licensed, or registered by a State to manage 
municipal or industrial solid waste;
    (v) 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; or
    (vi) For universal waste managed under part 273 of this chapter, a 
universal waste handler or destination facility subject to the 
requirements of part 273 of this chapter.
    (g)* * *
    (3) A conditionally exempt small quantity generator may either treat 
or dispose of his 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:

[[Page 47]]

    (i) Permitted under part 270 of this chapter;
    (ii) In interim status under parts 270 and 265 of this chapter;
    (iii) Authorized to manage hazardous waste by a State with a 
hazardous waste management program approved under part 271 of this 
chapter;
    (iv) Permitted, licensed, or registered by a State to manage 
municipal or industrial solid waste;
    (v) 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; or
    (vi) For universal waste managed under part 273 of this chapter, a 
universal waste handler or destination facility subject to the 
requirements of part 273 of this chapter.

                                * * * * *



Sec. 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 subparts C through 
H of part 266 of this chapter and all applicable provisions in parts 270 
and 124 of this chapter:
    (i) Recyclable materials used in a manner constituting disposal 
(subpart C);
    (ii) Hazardous wastes burned for energy recovery in boilers and 
industrial furnaces that are not regulated under subpart O of part 264 
or 265 of this chapter (subpart H);
    (iii) Recyclable materials from which precious metals are reclaimed 
(subpart F);
    (iv) Spent lead-acid batteries that are being reclaimed (subpart G).
    (3) The following recyclable materials are not subject to regulation 
under parts 262 through parts 266 or parts 268, 270 or 124 of this 
chapter, and are not subject to the notification requirements of section 
3010 of RCRA:
    (i) Industrial ethyl alcohol that is reclaimed except that, unless 
provided otherwise in an international agreement as specified in 
Sec. 262.58:
    (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 Secs. 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 subpart E of part 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;
    (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 Sec. 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 Sec. 266.40(e) of 
this chapter 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

[[Page 48]]

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 Sec. 266.40(e) of this chapter; 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 
Sec. 266.40(e) of this chapter; and
    (v) Petroleum coke produced from petroleum refinery hazardous wastes 
containing oil by the same person who generated the waste, unless the 
resulting coke product exceeds one or more of the characteristics of 
hazardous waste in part 261, subpart C.
    (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 parts 260 through 268 of this chapter, but is regulated 
under part 279 of this chapter. 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 to or imported from designated 
member countries of the Organization for Economic Cooperation and 
Development (OECD) (as defined in Sec. 262.58(a)(1)) for purpose of 
recovery is subject to the requirements of 40 CFR part 262, subpart H, 
if it is subject to either the Federal manifesting requirements of 40 
CFR Part 262, to the universal waste management standards of 40 CFR Part 
273, or to State requirements analogous to 40 CFR Part 273.
    (b) Generators and transporters of recyclable materials are subject 
to the applicable requirements of parts 262 and 263 of this chapter 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 subparts A through L, AA, and BB of parts 264 and 265, and 
under parts 124, 266, 268, and 270 of this chapter 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 Sec. 261.6(d).)
    (2) Owners or operators of facilities that recycle recyclable 
materials without storing them before they are rcycled 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 chapter.
    (iii) Section 261.6(d) of this chapter.
    (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 subparts AA and BB 
of part 264 or 265 of this chapter.

[50 FR 49203, Nov. 29, 1985, as amended at 51 FR 28682, Aug. 8, 1986; 51 
FR 40637, Nov. 7, 1986; 52 FR 11821, Apr. 13, 1987; 55 FR 25493, June 
21, 1990; 56 FR 7207, Feb. 21, 1991; 56 FR 32692, July 17, 1991; 57 FR 
41612, Sept. 10, 1992; 59 FR 38545, July 28, 1994; 60 FR 25541, May 11, 
1995; 61 FR 16309, Apr. 12, 1996]

    Effective Date Note: At 61 FR 16309, Apr. 12, 1996, Sec. 261.6(a)(5) 
was added, effective July 11, 1996.



Sec. 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 parts 261 through 265, or part 268, 270 or 124 of this chapter 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 
parts 261 through 265, and parts 268, 270 and 124 of this chapter and to 
the notification requirements of section 3010 of RCRA.

[[Page 49]]

    (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 Secs. 261.31, 
261.32, or 261.33(e) of this chapter 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 110 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 110 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 Secs. 261.31, 261.32, 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.

[45 FR 78529, Nov. 25, 1980, as amended at 47 FR 36097, Aug. 18, 1982; 
48 FR 14294, Apr. 1, 1983; 50 FR 1999, Jan. 14, 1985; 51 FR 40637, Nov. 
7, 1986]



Sec. 261.8  PCB wastes regulated under Toxic Substance Control Act.

    The disposal of PCB-containing dielectric fluid and electric 
equipment containing such fluid authorized for use and regulated under 
part 761 of this chapter 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 parts 261 through 
265, and parts 268, 270, and 124 of this chapter, and the notification 
requirements of section 3010 of RCRA.

[55 FR 11862, Mar. 29, 1990]



Sec. 261.9  Requirements for Universal Waste.

    The wastes listed in this section are exempt from regulation under 
parts 262 through 270 of this chapter except as specified in part 273 of 
this chapter and, therefore are not fully regulated as hazardous waste. 
The wastes listed in this section are subject to regulation under 40 CFR 
part 273:
    (a) Batteries as described in 40 CFR 273.2;
    (b) Pesticides as described in 40 CFR 273.3; and
    (c) Thermostats as described in 40 CFR 273.4.

[60 FR 25541, May 11, 1995]



  Subpart B--Criteria for Identifying the Characteristics of Hazardous 
                  Waste and for Listing Hazardous Waste



Sec. 261.10  Criteria for identifying the characteristics of hazardous waste.

    (a) The Administrator shall identify and define a characteristic of 
hazardous waste in subpart 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

[[Page 50]]

    (ii) Reasonably detected by generators of solid waste through their 
knowledge of their waste.



Sec. 261.11  Criteria for listing hazardous waste.

    (a) The Administrator 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 subpart 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 Acute Hazardous Waste.)
    (3) It contains any of the toxic constituents listed in appendix 
VIII and, after considering the following factors, the Administrator 
concludes that the waste is capable of posing a substantial present or 
potential hazard to human health or the environment 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 Administrator 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 Administrator will use the criteria for listing specified in 
this section to establish the exclusion limits referred to in 
Sec. 261.5(c).

[45 FR 33119, May 19, 1980, as amended at 55 FR 18726, May 4, 1990; 57 
FR 14, Jan. 2, 1992]



              Subpart C--Characteristics of Hazardous Waste



Sec. 261.20  General.

    (a) A solid waste, as defined in Sec. 261.2, which is not excluded 
from regulation as a hazardous waste under Sec. 261.4(b), is a hazardous 
waste if it exhibits any of the characteristics identified in this 
subpart.

[Comment: Sec. 262.11 of this chapter sets forth the generator's 
responsibility to determine whether his waste exhibits one or more of 
the characteristics identified in this subpart]


[[Page 51]]


    (b) A hazardous waste which is identified by a characteristic in 
this subpart is assigned every EPA Hazardous Waste Number that is 
applicable as set forth in this subpart. 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 parts 
262 through 265, 268, and 270 of this chapter.
    (c) For purposes of this subpart, the Administrator 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 part 
260 of this chapter.

[Comment: Since the appendix I sampling methods are not being formally 
adopted by the Administrator, 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 Secs. 260.20 
and 260.21.]

[45 FR 33119, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986; 55 
FR 22684, June 1, 1990; 56 FR 3876, Jan. 31, 1991]



Sec. 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 deg.C 
(140 deg.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 Sec. 260.11), or a Setaflash Closed Cup 
Tester, using the test method specified in ASTM Standard D-3278-78 
(incorporated by reference, see Sec. 260.11), or as determined by an 
equivalent test method approved by the Administrator under procedures 
set forth in Secs. 260.20 and 260.21.
    (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 as defined in 49 CFR 173.300 
and as determined by the test methods described in that regulation or 
equivalent test methods approved by the Administrator under Secs. 260.20 
and 260.21.
    (4) It is an oxidizer as defined in 49 CFR 173.151.
    (b) A solid waste that exhibits the characteristic of ignitability 
has the EPA Hazardous Waste Number of D001.

[45 FR 33119, May 19, 1980, as amended at 46 FR 35247, July 7, 1981; 55 
FR 22684, June 1, 1990]



Sec. 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 9040 in 
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' 
EPA Publication SW-846, as incorporated by reference in Sec. 260.11 of 
this chapter.
    (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 deg.C 
(130 deg.F) as determined by the test method specified in NACE (National 
Association of Corrosion Engineers) Standard TM-01-69 as standardized in 
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' 
EPA Publication SW-846, as incorporated by reference in Sec. 260.11 of 
this chapter.
    (b) A solid waste that exhibits the characteristic of corrosivity 
has the EPA Hazardous Waste Number of D002.

[45 FR 33119, May 19, 1980, as amended at 46 FR 35247, July 7, 1981; 55 
FR 22684, June 1, 1990; 58 FR 46049, Aug. 31, 1993]



Sec. 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.

[[Page 52]]

    (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 173.51, or a 
Class A explosive as defined in 49 CFR 173.53 or a Class B explosive as 
defined in 49 CFR 173.88.
    (b) A solid waste that exhibits the characteristic of reactivity has 
the EPA Hazardous Waste Number of D003.

[45 FR 33119, May 19, 1980, as amended at 55 FR 22684, June 1, 1990]



Sec. 261.24  Toxicity characteristic.

    (a) A solid 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 Sec. 260.11 of 
this chapter, 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 I which corresponds to 
the toxic contaminant causing it to be hazardous.

     Table 1--Maximum Concentration of Contaminants for the Toxicity    
                             Characteristic                             
------------------------------------------------------------------------
                                                              Regulatory
   EPA HW No.\1\             Contaminant          CAS No.\2\  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  \4\ 200.0 
D024                 m-Cresol..................     108-39-4  \4\ 200.0 
D025                 p-Cresol..................     106-44-5  \4\ 200.0 
D026                 Cresol....................  ...........  \4\ 200.0 
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   \3\ 0.13 
D012                 Endrin....................      72-20-8       0.02 
D031                 Heptachlor (and its             76-44-8      0.008 
                      epoxide).                                         
D032                 Hexachlorobenzene.........     118-74-1   \3\ 0.13 
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 
D035                  Methyl ethyl ketone......      78-93-3      200.0 
D036                 Nitrobenzene..............      98-95-3        2.0 
D037                 Pentrachlorophenol........      87-86-5      100.0 
D038                 Pyridine..................     110-86-1    \3\ 5.0 
D010                 Selenium..................    7782-49-2        1.0 
D011                 Silver....................    7440-22-4        5.0 
D039                 Tetrachloroethylene.......     127-18-4        0.7 
D015                 Toxaphene.................    8001-35-2        0.5 
D040                 Trichloroethylene.........      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 o-, m-, and p-Cresol concentrations cannot be differentiated, the
  total cresol (D026) concentration is used. The regulatory level of    
  total cresol is 200 mg/l.                                             


[55 FR 11862, Mar. 29, 1990, as amended at 55 FR 22684, June 1, 1990; 55 
FR 26987, June 29, 1990; 58 FR 46049, Aug. 31, 1993]



                  Subpart D--Lists of Hazardous Wastes



Sec. 261.30  General.

    (a) A solid waste is a hazardous waste if it is listed in this 
subpart, unless it has been excluded from this list under Secs. 260.20 
and 260.22.
    (b) The Administrator will indicate his basis for listing the 
classes or types

[[Page 53]]

of wastes listed in this subpart 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 Administrator 
to list the waste as a Toxicity Characteristic Waste (E) or Toxic Waste 
(T) in Secs. 261.31 and 261.32.
    (c) Each hazardous waste listed in this subpart 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 parts 262 through 265, 268, and part 270 of this chapter.
    (d) The following hazardous wastes listed in Sec. 261.31 or 
Sec. 261.32 are subject to the exclusion limits for acutely hazardous 
wastes established in Sec. 261.5: EPA Hazardous Wastes Nos. FO20, FO21, 
FO22, FO23, FO26, and FO27.

[45 FR 33119, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 50 
FR 2000, Jan. 14, 1985; 51 FR 40636, Nov. 7, 1986; 55 FR 11863, Mar. 29, 
1990]


Sec. 261.31    Hazardous wastes from non-specific sources.Secs. 

------------------------------------------------------------------------
   Industry and EPA hazardous                                           
           waste No.                  Hazardous waste        Hazard code
------------------------------------------------------------------------
Generic:                                                                
  F001.........................  The following spent        (T)         
                                  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.                     
  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-   (I)*        
                                  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.                     
  F004.........................  The following spent non-   (T)         
                                  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.                     
  F005.........................  The following spent non-   (I,T)       
                                  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.                     
  F006.........................  Wastewater treatment       (T)         
                                  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.              
  F007.........................  Spent cyanide plating      (R, T)      
                                  bath solutions from                   
                                  electroplating                        
                                  operations.                           

[[Page 54]]

                                                                        
  F008.........................  Plating bath residues      (R, T)      
                                  from the bottom of                    
                                  plating baths from                    
                                  electroplating                        
                                  operations where                      
                                  cyanides are used in the              
                                  process.                              
  F009.........................  Spent stripping and        (R, T)      
                                  cleaning bath solutions               
                                  from electroplating                   
                                  operations where                      
                                  cyanides are used in the              
                                  process.                              
  F010.........................  Quenching bath residues    (R, T)      
                                  from oil baths from                   
                                  metal heat treating                   
                                  operations where                      
                                  cyanides are used in the              
                                  process.                              
  F011.........................  Spent cyanide solutions    (R, T)      
                                  from salt bath pot                    
                                  cleaning from metal heat              
                                  treating operations.                  
  F012.........................  Quenching waste water      (T)         
                                  treatment sludges from                
                                  metal heat treating                   
                                  operations where                      
                                  cyanides are used in the              
                                  process.                              
  F019.........................  Wastewater treatment       (T)         
                                  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.                      
  F020.........................  Wastes (except wastewater  (H)         
                                  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.).                    
  F021.........................  Wastes (except wastewater  (H)         
                                  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.              
  F022.........................  Wastes (except wastewater  (H)         
                                  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.                  
  F023.........................  Wastes (except wastewater  (H)         
                                  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.).                    
  F024.........................  Process wastes, including  (T)         
                                  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 Sec.  261.31                
                                  or Sec.  261.32.).                    
  F025.........................  Condensed light ends,      (T)         
                                  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.                         
  F026.........................  Wastes (except wastewater  (H)         
                                  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.                  
  F027.........................  Discarded unused           (H)         
                                  formulations containing               
                                  tri-, tetra-, or                      
                                  pentachlorophenol or                  
                                  discarded unused                      
                                  formulations containing               
                                  compounds derived from                
                                  these chlorophenols.                  
                                  (This listing does not                
                                  include formulations                  
                                  containing                            
                                  Hexachlorophene                       
                                  sythesized from                       
                                  prepurified 2,4,5-                    
                                  trichlorophenol as the                
                                  sole component.).                     
  F028.........................  Residues resulting from    (T)         
                                  the incineration or                   
                                  thermal treatment of                  
                                  soil contaminated with                
                                  EPA Hazardous Waste Nos.              
                                  F020, F021, F022, F023,               
                                  F026, and F027.                       
  F032.........................  Wastewaters (except those  (T)         
                                  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 Sec.                  
                                  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.                    
  F034.........................  Wastewaters (except those  (T)         
                                  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.                    

[[Page 55]]

                                                                        
  F035.........................  Wastewaters (except those  (T)         
                                  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.                    
  F037.........................  Petroleum refinery         (T)         
                                  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 Sec.                       
                                  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.             
  F038.........................  Petroleum refinery         (T)         
                                  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 Sec.              
                                   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.             
  F039.........................  Leachate (liquids that     (T)         
                                  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.).                               
------------------------------------------------------------------------


[[Page 56]]


[46 FR 4617, Jan. 16, 1981, as amended at 60 FR 33913, June 29, 1995]

    Editorial Note: For Federal Register citations affecting 
Sec. 261.31, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.


Sec. 261.32    Hazardous wastes from specific sources.Secs. 

------------------------------------------------------------------------
   Industry and EPA hazardous                                           
           waste No.                  Hazardous waste        Hazard code
------------------------------------------------------------------------
Wood preservation: K001........  Bottom sediment sludge     (T)         
                                  from the treatment of                 
                                  wastewaters from wood                 
                                  preserving processes                  
                                  that use creosote and/or              
                                  pentachlorophenol.                    
Inorganic pigments:                                                     
  K002.........................  Wastewater treatment       (T)         
                                  sludge from the                       
                                  production of chrome                  
                                  yellow and orange                     
                                  pigments.                             
  K003.........................  Wastewater treatment       (T)         
                                  sludge from the                       
                                  production of molybdate               
                                  orange pigments.                      
  K004.........................  Wastewater treatment       (T)         
                                  sludge from the                       
                                  production of zinc                    
                                  yellow pigments.                      
  K005.........................  Wastewater treatment       (T)         
                                  sludge from the                       
                                  production of chrome                  
                                  green pigments.                       
  K006.........................  Wastewater treatment       (T)         
                                  sludge from the                       
                                  production of chrome                  
                                  oxide green pigments                  
                                  (anhydrous and hydrated).             
  K007.........................  Wastewater treatment       (T)         
                                  sludge from the                       
                                  production of iron blue               
                                  pigments.                             
  K008.........................  Oven residue from the      (T)         
                                  production of chrome                  
                                  oxide green pigments.                 
Organic chemicals:                                                      
  K009.........................  Distillation bottoms from  (T)         
                                  the production of                     
                                  acetaldehyde from                     
                                  ethylene.                             
  K010.........................  Distillation side cuts     (T)         
                                  from the production of                
                                  acetaldehyde from                     
                                  ethylene.                             
  K011.........................  Bottom stream from the     (R, T)      
                                  wastewater stripper in                
                                  the production of                     
                                  acrylonitrile.                        
  K013.........................  Bottom stream from the     (R, T)      
                                  acetonitrile column in                
                                  the production of                     
                                  acrylonitrile.                        
  K014.........................  Bottoms from the           (T)         
                                  acetonitrile                          
                                  purification column in                
                                  the production of                     
                                  acrylonitrile.                        
  K015.........................  Still bottoms from the     (T)         
                                  distillation of benzyl                
                                  chloride.                             
  K016.........................  Heavy ends or              (T)         
                                  distillation residues                 
                                  from the production of                
                                  carbon tetrachloride.                 
  K017.........................  Heavy ends (still          (T)         
                                  bottoms) from the                     
                                  purification column in                
                                  the production of                     
                                  epichlorohydrin.                      
  K018.........................  Heavy ends from the        (T)         
                                  fractionation column in               
                                  ethyl chloride                        
                                  production.                           
  K019.........................  Heavy ends from the        (T)         
                                  distillation of ethylene              
                                  dichloride in ethylene                
                                  dichloride production.                
  K020.........................  Heavy ends from the        (T)         
                                  distillation of vinyl                 
                                  chloride in vinyl                     
                                  chloride monomer                      
                                  production.                           
  K021.........................  Aqueous spent antimony     (T)         
                                  catalyst waste from                   
                                  fluoromethanes                        
                                  production.                           
  K022.........................  Distillation bottom tars   (T)         
                                  from the production of                
                                  phenol/acetone from                   
                                  cumene.                               
  K023.........................  Distillation light ends    (T)         
                                  from the production of                
                                  phthalic anhydride from               
                                  naphthalene.                          
  K024.........................  Distillation bottoms from  (T)         
                                  the production of                     
                                  phthalic anhydride from               
                                  naphthalene.                          
  K025.........................  Distillation bottoms from  (T)         
                                  the production of                     
                                  nitrobenzene by the                   
                                  nitration of benzene.                 
  K026.........................  Stripping still tails      (T)         
                                  from the production of                
                                  methy ethyl pyridines.                
  K027.........................  Centrifuge and             (R, T)      
                                  distillation residues                 
                                  from toluene                          
                                  diisocyanate production.              
  K028.........................  Spent catalyst from the    (T)         
                                  hydrochlorinator reactor              
                                  in the production of                  
                                  1,1,1-trichloroethane.                
  K029.........................  Waste from the product     (T)         
                                  steam stripper in the                 
                                  production of 1,1,1-                  
                                  trichloroethane.                      
  K030.........................  Column bottoms or heavy    (T)         
                                  ends from the combined                
                                  production of                         
                                  trichloroethylene and                 
                                  perchloroethylene.                    
  K083.........................  Distillation bottoms from  (T)         
                                  aniline production.                   
  K085.........................  Distillation or            (T)         
                                  fractionation column                  
                                  bottoms from the                      
                                  production of                         
                                  chlorobenzenes.                       
  K093.........................  Distillation light ends    (T)         
                                  from the production of                
                                  phthalic anhydride from               
                                  ortho-xylene.                         
  K094.........................  Distillation bottoms from  (T)         
                                  the production of                     
                                  phthalic anhydride from               
                                  ortho-xylene.                         
  K095.........................  Distillation bottoms from  (T)         
                                  the production of 1,1,1-              
                                  trichloroethane.                      
  K096.........................  Heavy ends from the heavy  (T)         
                                  ends column from the                  
                                  production of 1,1,1-                  
                                  trichloroethane.                      
  K103.........................  Process residues from      (T)         
                                  aniline extraction from               
                                  the production of                     
                                  aniline.                              
  K104.........................  Combined wastewater        (T)         
                                  streams generated from                
                                  nitrobenzene/aniline                  
                                  production.                           
  K105.........................  Separated aqueous stream   (T)         
                                  from the reactor product              
                                  washing step in the                   
                                  production of                         
                                  chlorobenzenes.                       
  K107.........................  Column bottoms from        (C,T)       
                                  product separation from               
                                  the production of 1,1-                
                                  dimethyl-hydrazine                    
                                  (UDMH) from carboxylic                
                                  acid hydrazines.                      
  K108.........................  Condensed column           (I,T)       
                                  overheads from product                
                                  separation and condensed              
                                  reactor vent gases from               
                                  the production of 1,1-                
                                  dimethylhydrazine (UDMH)              
                                  from carboxylic acid                  
                                  hydrazides.                           
  K109.........................  Spent filter cartridges    (T)         
                                  from product                          
                                  purification from the                 
                                  production of 1,1-                    
                                  dimethylhydrazine (UDMH)              
                                  from carboxylic acid                  
                                  hydrazides.                           
  K110.........................  Condensed column           (T)         
                                  overheads from                        
                                  intermediate separation               
                                  from the production of                
                                  1,1-dimethylhydrazine                 
                                  (UDMH) from carboxylic                
                                  acid hydrazides.                      
  K111.........................  Product washwaters from    (C,T)       
                                  the production of                     
                                  dinitrotoluene via                    
                                  nitration of toluene.                 
  K112.........................  Reaction by-product water  (T)         
                                  from the drying column                
                                  in the production of                  
                                  toluenediamine via                    
                                  hydrogenation of                      
                                  dinitrotoluene.                       

[[Page 57]]

                                                                        
  K113.........................  Condensed liquid light     (T)         
                                  ends from the                         
                                  purification of                       
                                  toluenediamine in the                 
                                  production of                         
                                  toluenediamine via                    
                                  hydrogenation of                      
                                  dinitrotoluene.                       
  K114.........................  Vicinals from the          (T)         
                                  purification of                       
                                  toluenediamine in the                 
                                  production of                         
                                  toluenediamine via                    
                                  hydrogenation of                      
                                  dinitrotoluene.                       
  K115.........................  Heavy ends from the        (T)         
                                  purification of                       
                                  toluenediamine in the                 
                                  production of                         
                                  toluenediamine via                    
                                  hydrogenation of                      
                                  dinitrotoluene.                       
  K116.........................  Organic condensate from    (T)         
                                  the solvent recovery                  
                                  column in the production              
                                  of toluene diisocyanate               
                                  via phosgenation of                   
                                  toluenediamine.                       
  K117.........................  Wastewater from the        (T)         
                                  reactor vent gas                      
                                  scrubber in the                       
                                  production of ethylene                
                                  dibromide via                         
                                  bromination of ethene.                
  K118.........................  Spent adsorbent solids     (T)         
                                  from purification of                  
                                  ethylene dibromide in                 
                                  the production of                     
                                  ethylene dibromide via                
                                  bromination of ethene.                
  K136.........................  Still bottoms from the     (T)         
                                  purification of ethylene              
                                  dibromide in the                      
                                  production of ethylene                
                                  dibromide via                         
                                  bromination of ethene.                
  K149.........................  Distillation bottoms from  (T)         
                                  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.).                           
  K150.........................  Organic residuals,         (T)         
                                  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.                               
  K151.........................  Wastewater treatment       (T)         
                                  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.                    
  K156.........................  Organic waste (including   (T)         
                                  heavy ends, still                     
                                  bottoms, light ends,                  
                                  spent solvents,                       
                                  filtrates, and                        
                                  decantates) from the                  
                                  production of carbamates              
                                  and carbamoyl oximes.                 
  K157.........................  Wastewaters (including     (T)         
                                  scrubber waters,                      
                                  condenser waters,                     
                                  washwaters, and                       
                                  separation waters) from               
                                  the production of                     
                                  carbamates and carbamoyl              
                                  oximes.                               
  K158.........................  Bag house dusts and        (T)         
                                  filter/separation solids              
                                  from the production of                
                                  carbamates and carbamoyl              
                                  oximes.                               
  K159.........................  Organics from the          (T)         
                                  treatment of                          
                                  thiocarbamate wastes.                 
  K160.........................  Solids (including filter   (T)         
                                  wastes, separation                    
                                  solids, and spent                     
                                  catalysts) from the                   
                                  production of                         
                                  thiocarbamates and                    
                                  solids from the                       
                                  treatment of                          
                                  thiocarbamate wastes.                 
  K161.........................  Purification solids        (R,T)       
                                  (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.).                       
Inorganic chemicals:                                                    
  K071.........................  Brine purification muds    (T)         
                                  from the mercury cell                 
                                  process in chlorine                   
                                  production, where                     
                                  separately prepurified                
                                  brine is not used.                    
  K073.........................  Chlorinated hydrocarbon    (T)         
                                  waste from the                        
                                  purification step of the              
                                  diaphragm cell process                
                                  using graphite anodes in              
                                  chlorine production.                  
  K106.........................  Wastewater treatment       (T)         
                                  sludge from the mercury               
                                  cell process in chlorine              
                                  production.                           
Pesticides:                                                             
  K031.........................  By-product salts           (T)         
                                  generated in the                      
                                  production of MSMA and                
                                  cacodylic acid.                       
  K032.........................  Wastewater treatment       (T)         
                                  sludge from the                       
                                  production of chlordane.              
  K033.........................  Wastewater and scrub       (T)         
                                  water from the                        
                                  chlorination of                       
                                  cyclopentadiene in the                
                                  production of chlordane.              
  K034.........................  Filter solids from the     (T)         
                                  filtration of                         
                                  hexachlorocyclopentadien              
                                  e in the production of                
                                  chlordane.                            
  K035.........................  Wastewater treatment       (T)         
                                  sludges generated in the              
                                  production of creosote.               
  K036.........................  Still bottoms from         (T)         
                                  toluene reclamation                   
                                  distillation in the                   
                                  production of disulfoton.             
  K037.........................  Wastewater treatment       (T)         
                                  sludges from the                      
                                  production of disulfoton.             
  K038.........................  Wastewater from the        (T)         
                                  washing and stripping of              
                                  phorate production.                   
  K039.........................  Filter cake from the       (T)         
                                  filtration of                         
                                  diethylphosphorodithioic              
                                  acid in the production                
                                  of phorate.                           
  K040.........................  Wastewater treatment       (T)         
                                  sludge from the                       
                                  production of phorate.                
  K041.........................  Wastewater treatment       (T)         
                                  sludge from the                       
                                  production of toxaphene.              
  K042.........................  Heavy ends or              (T)         
                                  distillation residues                 
                                  from the distillation of              
                                  tetrachlorobenzene in                 
                                  the production of 2,4,5-              
                                  T.                                    
  K043.........................  2,6-Dichlorophenol waste   (T)         
                                  from the production of                
                                  2,4-D.                                
  K097.........................  Vacuum stripper discharge  (T)         
                                  from the chlordane                    
                                  chlorinator in the                    
                                  production of chlordane.              
  K098.........................  Untreated process          (T)         
                                  wastewater from the                   
                                  production of toxaphene.              
  K099.........................  Untreated wastewater from  (T)         
                                  the production of 2,4-D.              
  K123.........................  Process wastewater         (T)         
                                  (including supernates,                
                                  filtrates, and                        
                                  washwaters) from the                  
                                  production of                         
                                  ethylenebisdithiocarbami              
                                  c acid and its salt.                  
  K124.........................  Reactor vent scrubber      (C, T)      
                                  water from the                        
                                  production of                         
                                  ethylenebisdithiocarbami              
                                  c acid and its salts.                 
  K125.........................  Filtration, evaporation,   (T)         
                                  and centrifugation                    
                                  solids from the                       
                                  production of                         
                                  ethylenebisdithiocarbami              
                                  c acid and its salts.                 

[[Page 58]]

                                                                        
  K126.........................  Baghouse dust and floor    (T)         
                                  sweepings in milling and              
                                  packaging operations                  
                                  from the production or                
                                  formulation of                        
                                  ethylenebisdithiocarbami              
                                  c acid and its salts.                 
  K131.........................  Wastewater from the        (C, T)      
                                  reactor and spent                     
                                  sulfuric acid from the                
                                  acid dryer from the                   
                                  production of methyl                  
                                  bromide.                              
  K132.........................  Spent absorbent and        (T)         
                                  wastewater separator                  
                                  solids from the                       
                                  production of methyl                  
                                  bromide.                              
Explosives:                                                             
  K044.........................  Wastewater treatment       (R)         
                                  sludges from the                      
                                  manufacturing and                     
                                  processing of explosives.             
  K045.........................  Spent carbon from the      (R)         
                                  treatment of wastewater               
                                  containing explosives.                
  K046.........................  Wastewater treatment       (T)         
                                  sludges from the                      
                                  manufacturing,                        
                                  formulation and loading               
                                  of lead-based initiating              
                                  compounds.                            
  K047.........................  Pink/red water from TNT    (R)         
                                  operations.                           
Petroleum refining:                                                     
  K048.........................  Dissolved air flotation    (T)         
                                  (DAF) float from the                  
                                  petroleum refining                    
                                  industry.                             
  K049.........................  Slop oil emulsion solids   (T)         
                                  from the petroleum                    
                                  refining industry.                    
  K050.........................  Heat exchanger bundle      (T)         
                                  cleaning sludge from the              
                                  petroleum refining                    
                                  industry.                             
  K051.........................  API separator sludge from  (T)         
                                  the petroleum refining                
                                  industry.                             
  K052.........................  Tank bottoms (leaded)      (T)         
                                  from the petroleum                    
                                  refining industry.                    
Iron and steel:                                                         
  K061.........................  Emission control dust/     (T)         
                                  sludge from the primary               
                                  production of steel in                
                                  electric furnaces.                    
  K062.........................  Spent pickle liquor        (C,T)       
                                  generated by steel                    
                                  finishing operations of               
                                  facilities within the                 
                                  iron and steel industry               
                                  (SIC Codes 331 and 332).              
Primary copper:                                                         
  K064.........................  Acid plant blowdown        (T)         
                                  slurry/sludge resulting               
                                  from the thickening of                
                                  blowdown slurry from                  
                                  primary copper                        
                                  production.                           
Primary lead:                                                           
  K065.........................  Surface impoundment        (T)         
                                  solids contained in and               
                                  dredged from surface                  
                                  impoundments at primary               
                                  lead smelting facilities.             
Primary zinc:                                                           
  K066.........................  Sludge from treatment of   (T)         
                                  process wastewater and/               
                                  or acid plant blowdown                
                                  from primary zinc                     
                                  production.                           
Primary aluminum:                                                       
  K088.........................  Spent potliners from       (T)         
                                  primary aluminum                      
                                  reduction.                            
Ferroalloys:                                                            
  K090.........................  Emission control dust or   (T)         
                                  sludge from                           
                                  ferrochromiumsilicon                  
                                  production.                           
  K091.........................  Emission control dust or   (T)         
                                  sludge from                           
                                  ferrochromium production.             
Secondary lead:                                                         
  K069.........................  Emission control dust/     (T)         
                                  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.                     
  K100.........................  Waste leaching solution    (T)         
                                  from acid leaching of                 
                                  emission control dust/                
                                  sludge from secondary                 
                                  lead smelting.                        
Veterinary pharmaceuticals:                                             
  K084.........................  Wastewater treatment       (T)         
                                  sludges generated during              
                                  the production of                     
                                  veterinary                            
                                  pharmaceuticals from                  
                                  arsenic or organo-                    
                                  arsenic compounds.                    
  K101.........................  Distillation tar residues  (T)         
                                  from the distillation of              
                                  aniline-based compounds               
                                  in the production of                  
                                  veterinary                            
                                  pharmaceuticals from                  
                                  arsenic or organo-                    
                                  arsenic compounds.                    
  K102.........................  Residue from the use of    (T)         
                                  activated carbon for                  
                                  decolorization in the                 
                                  production of veterinary              
                                  pharmaceuticals from                  
                                  arsenic or organo-                    
                                  arsenic compounds.                    
Ink formulation:                                                        
  K086.........................  Solvent washes and         (T)         
                                  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.                                 
Coking:                                                                 
  K060.........................  Ammonia still lime sludge  (T)         
                                  from coking operations.               
  K087.........................  Decanter tank tar sludge   (T)         
                                  from coking operations.               
  K141.........................  Process residues from the  (T)         
                                  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).                          
  K142.........................  Tar storage tank residues  (T)         
                                  from the production of                
                                  coke from coal or from                
                                  the recovery of coke by-              
                                  products produced from                
                                  coal.                                 
  K143.........................  Process residues from the  (T)         
                                  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.                                 
  K144.........................  Wastewater sump residues   (T)         
                                  from light oil refining,              
                                  including, but not                    
                                  limited to, intercepting              
                                  or contamination sump                 
                                  sludges from the                      
                                  recovery of coke by-                  
                                  products produced from                
                                  coal.                                 
  K145.........................  Residues from naphthalene  (T)         
                                  collection and recovery               
                                  operations from the                   
                                  recovery of coke by-                  
                                  products produced from                
                                  coal.                                 
  K147.........................  Tar storage tank residues  (T)         
                                  from coal tar refining.               

[[Page 59]]

                                                                        
  K148.........................  Residues from coal tar     (T)         
                                  distillation, including               
                                  but not limited to,                   
                                  still bottoms.                        
------------------------------------------------------------------------

[46 FR 4618, Jan. 16, 1981; 60 FR 7849, Feb. 9, 1995]

    Editorial Note: For Federal Register citations affecting 
Sec. 261.32, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 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 
Sec. 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 Sec. 261.7(b) of this chapter.

[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, EPA 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

[[Page 60]]

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 Sec. 261.31 or 
Sec. 261.32 or will be identified as a hazardous waste by the 
characteristics set forth in subpart C of this part.]

    (e) The commercial chemical products, manufacturing chemical 
intermediates or off-specification commercial chemical products or 
manufacturing chemical intermediates referred to in paragraphs (a) 
through (d) of this section, are identified as acute hazardous wastes 
(H) and are subject to be the small quantity exclusion defined in 
Sec. 261.5(e).

[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.]

    These wastes and their corresponding EPA Hazardous Waste Numbers 
are:

------------------------------------------------------------------------
                      Chemical                                          
  Hazardous waste     abstracts                  Substance              
        No.              No.                                            
------------------------------------------------------------------------
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 H3AsO4                   
P012                   1327-53-3  Arsenic oxide As2O3                   
P011                   1303-28-2  Arsenic oxide As2O5                   
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                 \1\ 81-81-2  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               

[[Page 61]]

                                                                        
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,8
                                   abeta)-                              
                                                                        
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,8ab
                                   eta)-                                
                                                                        
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,6a
                                   alpha,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,6
                                   abeta,7beta, 7aalpha)-, & metabolites
P044                     60-51-5  Dimethoate                            
P046                    122-09-8  alpha,alpha-Dimethylphenethylamine    
P191                    644-64-4  Dimetilan.                            
P047                \1\ 534-52-1  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  Ethanimidothioc 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                      

[[Page 62]]

                                                                        
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-1H-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(CO)4, (T-4)-       
P074                    557-19-7  Nickel cyanide                        
P074                    557-19-7  Nickel cynaide Ni(CN)2                
P075                 \1\ 54-11-5  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[2.2.1]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                \1\ 534-52-1  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                      

[[Page 63]]

                                                                        
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                 \1\ 54-11-5  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                 \1\ 57-24-9  Strychnidin-10-one, & salts           
P018                    357-57-3  Strychnidin-10-one, 2,3-dimethoxy-    
P108                 \1\ 57-24-9  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 Tl2O3                  
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           
                                   [(H2N)C(S)]2NH                       
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 V2O5                   
P120                   1314-62-1  Vanadium pentoxide                    
P084                   4549-40-0  Vinylamine, N-methyl-N-nitroso-       
P001                 \1\ 81-81-2  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 Zn3P2, when present at 
                                   concentrations greater than 10% (R,T)
P205                    137-30-4  Ziram.                                
------------------------------------------------------------------------
\1\ CAS Number given for parent compound only.                          


[[Page 64]]

    (f) The commercial chemical products, manfacturing 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 and are 
subject to the small quantity generator exclusion defined in Sec. 261.5 
(a) and (g).

[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.]

    These wastes and their corresponding EPA Hazardous Waste Numbers 
are:

------------------------------------------------------------------------
                      Chemical                                          
  Hazardous waste     abstracts                  Substance              
        No.              No.                                            
------------------------------------------------------------------------
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                 \1\ 94-75-7  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                             
U365                   2212-67-1  H-Azepine-1-carbothioic acid,         
                                   hexahydro-, S-ethyl ester.           
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                                

[[Page 65]]

                                                                        
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,T)              
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                             
U202                 \1\ 81-07-2  1,2-Benzisothiazol-3(2H)-one, 1,1-    
                                   dioxide, & salts                     
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                  \1\81-81-2  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-                            
U401                     97-74-5  Bis(dimethylthiocarbamoyl) sulfide.   
U400                    120-54-7  Bis(pentamethylene)thiuram            
                                   tetrasulfide.                        
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)                   
U392                   2008-41-5  Butylate.                             
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.   
U375                  55406-53-6  Carbamic acid, butyl-, 3-iodo-2-      
                                   propynyl 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-          

[[Page 66]]

                                                                        
U379                    136-30-1  Carbamodithioic acid, dibutyl, sodium 
                                   salt.                                
U277                     95-06-7  Carbamodithioic acid, diethyl-, 2-    
                                   chloro-2-propenyl ester.             
U381                    148-18-5  Carbamodithioic acid, diethyl-, sodium
                                   salt.                                
U383                    128-03-0  Carbamodithioic acid, dimethyl,       
                                   potassium salt.                      
U382                    128-04-1  Carbamodithioic acid, dimethyl-,      
                                   sodium salt.                         
U376                    144-34-3  Carbamodithioic acid, dimethyl-,      
                                   tetraanhydrosulfide with             
                                   orthothioselenious acid.             
U378                  51026-28-9  Carbamodithioic acid,                 
                                   (hydroxymethyl)methyl-, monopotassium
                                   salt.                                
U384                    137-42-8  Carbamodithioic acid, methyl-,        
                                   monosodium salt.                     
U377                    137-41-7  Carbamodithioic acid, methyl,-        
                                   monopotassium salt.                  
U389                   2303-17-5  Carbamothioic acid, bis(1-methylethyl)-
                                   , S-(2,3,3-trichloro-2-propenyl)     
                                   ester.                               
U392                   2008-41-5  Carbamothioic acid, bis(2-            
                                   methylpropyl)-, S-ethyl ester.       
U391                   1114-71-2  Carbamothioic acid, butylethyl-, S-   
                                   propyl ester.                        
U386                   1134-23-2  Carbamothioic acid, cyclohexylethyl-, 
                                   S-ethyl ester.                       
U390                    759-94-4  Carbamothioic acid, dipropyl-, S-ethyl
                                   ester.                               
U387                  52888-80-9  Carbamothioic acid, dipropyl-, S-     
                                   (phenylmethyl) ester.                
U385                   1929-77-7  Carbamothioic acid, dipropyl-, S-     
                                   propyl ester.                        
U114                \1\ 111-54-6  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 H2CrO4, calcium salt     
U050                    218-01-9  Chrysene                              
U393                    137-29-1  Copper, bis(dimethylcarbamodithioato- 
                                   S,S')-,                              
U393                    137-29-1  Copper dimethyldithiocarbamate.       
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               
U386                   1134-23-2  Cycloate.                             
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,6
                                   beta)-                               
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                 \1\ 94-75-7  2,4-D, salts & esters                 
U059                  20830-81-3  Daunomycin                            
U366                    533-74-4  Dazomet.                              
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)           

[[Page 67]]

                                                                        
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                
U403                     97-77-8  Disulfiram.                           
U390                    759-94-4  EPTC.                                 
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]]bi
                                   s-, 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)            

[[Page 68]]

                                                                        
U117                     60-29-7  Ethyl ether (I)                       
U114                \1\ 111-54-6  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                
U407                  14324-55-1  Ethyl Ziram.                          
U396                  14484-64-1  Ferbam.                               
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 H2S                  
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                
U375                  55406-53-6  3-Iodo-2-propynyl n-butylcarbamate.   
U396                  14484-64-1  Iron, tris(dimethylcarbamodithioato-  
                                   S,S')-,                              
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                               
U384                    137-42-8  Metam Sodium.                         
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-                        

[[Page 69]]

                                                                        
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                           
U365                   2212-67-1  Molinate.                             
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)-              
              2         123-63-7  Paraldehyde                           
U391                   1114-71-2  Pebulate.                             
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)                    

[[Page 70]]

                                                                        
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-                
U400                    120-54-7  Piperidine, 1,1'-                     
                                   (tetrathiodicarbonothioyl)-bis-      
U383                    128-03-0  Potassium dimethyldithiocarbamate.    
U378                  51026-28-9  Potassium n-hydroxymethyl- n-methyldi-
                                   thiocarbamate.                       
 U377                   137-41-7  Potassium n-methyldithiocarbamate.    
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                            
U202                 \1\ 81-07-2  Saccharin, & salts                    
U203                     94-59-7  Safrole                               
U204                   7783-00-8  Selenious acid                        

[[Page 71]]

                                                                        
U204                   7783-00-8  Selenium dioxide                      
U205                   7488-56-4  Selenium sulfide                      
U205                   7488-56-4  Selenium sulfide SeS2 (R,T)           
U376                    144-34-3  Selenium,                             
                                   tetrakis(dimethyldithiocarbamate).   
U015                    115-02-6  L-Serine, diazoacetate (ester)        
See F027                 93-72-1  Silvex (2,4,5-TP)                     
U379                    136-30-1  Sodium dibutyldithiocarbamate.        
U381                    148-18-5  Sodium diethyldithiocarbamate.        
U382                    128-04-1  Sodium dimethyldithiocarbamate.       
U206                  18883-66-4  Streptozotocin                        
U103                     77-78-1  Sulfuric acid, dimethyl ester         
U277                     95-06-7  Sulfallate.                           
U189                   1314-80-3  Sulfur phosphide (R)                  
See F027                 93-76-5  2,4,5-T                               
U402                   1634-02-2  Tetrabutylthiuram disulfide.          
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)                   
U401                     97-74-5  Tetramethylthiuram monosulfide.       
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                   
U366                    533-74-4  2H-1,3,5-Thiadiazine- 2-thione,       
                                   tetrahydro-3,5-dimethyl-             
U218                     62-55-5  Thioacetamide                         
U410                  59669-26-0  Thiodicarb.                           
U153                     74-93-1  Thiomethanol (I,T)                    
U244                    137-26-8  Thioperoxydicarbonic diamide          
                                   [(H2N)C(S)]2S2, tetramethyl-         
U402                   1634-02-2  Thioperoxydicarbonic diamide,         
                                   tetrabutyl.                          
U403                     97-77-8  Thioperoxydicarbonic diamide,         
                                   tetraethyl.                          
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              
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-             
U385                   1929-77-7  Vernolate.                            
U043                     75-01-4  Vinyl chloride                        
U248                 \1\ 81-81-2  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)-
                                                                        
U407                  14324-55-1  Zinc, bis(diethylcarbamodithioato-    
                                   S,S')-                               
U249                   1314-84-7  Zinc phosphide Zn3P2, when present at 
                                   concentrations of 10% or less        
------------------------------------------------------------------------
\1\ CAS Number given for parent compound only.                          


[[Page 72]]

[45 FR 78529, 78541, Nov. 25, 1980]

    Editorial Note: For Federal Register citations affecting 
Sec. 261.33, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 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 in accordance with SW-846, Method 8290.
    (B) ``Not detected'' means at or below the lower method calibration 
limit (MCL) in Method 8290, Table 1.
    (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; and
    (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;

[[Page 73]]

    (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.

[55 FR 50482, Dec. 6, 1990, as amended at 56 FR 30195, July 1, 1991]

                         Appendices to Part 261

         Appendix I to Part 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 Agency 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 D1452-65
Fly Ash-like material--ASTM Standard D2234-76 [ASTM Standards are 
available from ASTM, 1916 Race St., Philadelphia, PA 19103]
Containerized liquid wastes--``COLIWASA'' described in ``Test Methods 
for the Evaluation of Solid Waste, Physical/Chemical Methods,'' 1a 
U.S. Environmental Protection Agency, Office of Solid Waste, Washington, 
DC 20460. [Copies may be obtained from Solid Waste Information, U.S. 
Environmental Protection Agency, 26 W. St. Clair St., Cincinnati, Ohio 
45268]
---------------------------------------------------------------------------

    1a These methods are also described in ``Samplers and Sampling 
Procedures for Hazardous Waste Streams,'' EPA 600/2-80-018, January 
1980.
---------------------------------------------------------------------------

    Liquid waste in pits, ponds, lagoons, and similar reservoirs.--
``Pond Sampler'' described in ``Test Methods for the Evaluation of Solid 
Waste, Physical/Chemical Methods.'' 1a

    This manual also contains additional information on application of 
these protocols.

 Appendix II to Part 261--Method 1311 Toxicity Characteristic Leaching 
                            Procedure (TCLP)

    Note: The TCLP (Method 1311) is published in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-
846, as incorporated by reference in Sec. 260.11 of this chapter.

[58 FR 46049, Aug. 31, 1993]

        Appendix III to Part 261--Chemical Analysis Test Methods

    Note: Appropriate analytical procedures to determine whether a 
sample contains a given toxic constituent are specified in Chapter Two, 
``Choosing the Correct Procedure'' found in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-
846, as incorporated by reference in Sec. 260.11 of this chapter. Prior 
to final sampling and analysis method selection, the individual should 
consult the specific section or method described in SW-846 for 
additional guidance on which of the approved methods should be employed 
for a specific sample analysis situation.

[58 FR 46049, Aug. 31, 1993]

 Appendix IV to Part 261--[Reserved for Radioactive Waste Test Methods]

    Appendix V to Part 261--[Reserved for Infectious Waste Treatment 
                             Specifications]

        Appendix VI to Part 261--[Reserved for Etiologic Agents]

       Appendix VII to Part 261--Basis for Listing Hazardous Waste

------------------------------------------------------------------------
                                     Hazardous constituents for which   
     EPA hazardous waste No.                      listed                
------------------------------------------------------------------------
F001............................  Tetrachloroethylene, methylene        
                                   chloride trichloroethylene, 1,1,1-   
                                   trichloroethane, carbon              
                                   tetrachloride, chlorinated           
                                   fluorocarbons.                       

[[Page 74]]

                                                                        
F002............................  Tetrachloroethylene, methylene        
                                   chloride, trichloroethylene, 1,1,1-  
                                   trichloroethane, 1,1,2-              
                                   trichloroethane, chlorobenzene, 1,1,2-
                                   trichloro-1,2,2-trichfluoroethane,   
                                   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(a), Table CCW.                
K001............................  Pentachlorophenol, phenol, 2-         
                                   chlorophenol, p-chloro-m-cresol, 2,4-
                                   dimethylphenyl, 2,4-dinitrophenol,   
                                   trichlorophenols, tetrachlorophenols,
                                   2,4-dinitrophenol, cresosote,        
                                   chrysene, naphthalene, fluoranthene, 
                                   benzo(b)fluoranthene, benzo(a)pyrene,
                                   indeno(1,2,3-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,     
                                   perchloroethylene.                   
K017............................  Epichlorohydrin, chloroethers         
                                   [bis(chloromethyl) ether and bis (2- 
                                   chloroethyl) ethers],                
                                   trichloropropane, dichloropropanols. 
K018............................  1,2-dichloroethane, trichloroethylene,
                                   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),          
                                   trichloroethylene,                   
                                   tetrachloroethylene, carbon          
                                   tetrachloride, chloroform, vinyl     
                                   chloride, vinylidene chloride.       

[[Page 75]]

                                                                        
K020............................  Ethylene dichloride, 1,1,1-           
                                   trichloroethane, 1,1,2-              
                                   trichloroethane, tetrachloroethanes  
                                   (1,1,2,2-tetrachloroethane and       
                                   1,1,1,2-tetrachloroethane),          
                                   trichloroethylene,                   
                                   tetrachloroethylene, 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.            
K064............................  Lead, cadmium.                        
K065............................      Do.                               
K066............................      Do.                               
K069............................  Hexavalent chromium, lead, cadmium.   
K071............................  Mercury.                              
K073............................  Chloroform, carbon tetrachloride,     
                                   hexacholroethane, 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).                  
K090............................  Chromium.                             
K091............................      Do.                               
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.         

[[Page 76]]

                                                                        
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.                 
K160............................  Benzene, butylate, eptc, molinate,    
                                   pebulate, vernolate.                 
K161............................  Antimony, arsenic, metam-sodium,      
                                   ziram.                               
------------------------------------------------------------------------
N.A.--Waste is hazardous because it fails the test for the              
  characteristic of ignitability, corrosivity, or reactivity.           

[46 FR 4619, Jan. 16, 1981]

    Editorial Note: For Federal Register citations affecting Appendix 
VII, part 261, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.

[[Page 77]]

            Appendix VIII to Part 261--Hazardous Constituents

----------------------------------------------------------------------------------------------------------------
                                                                                       Chemical       Hazardous 
                Common name                        Chemical abstracts name          abstracts No.     waste No. 
----------------------------------------------------------------------------------------------------------------
A2213......................................  Ethanimidothioic acid, 2-                   30558-43-1         U394
                                              (dimethylamino) -N-hydroxy-2-oxo-,                                
                                              methyl ester.                                                     
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)-,           116-06-3         P070
                                              O-[(methylamino)carbonyl]oxime.                                   
Aldicarb sulfone...........................  Propanal, 2-methyl-2-                        1646-88-4         P203
                                              (methylsulfonyl) -, O-                                            
                                              [(methylamino) carbonyl] oxime.                                   
Aldrin.....................................  1,4,5,8-Dimethanonaphthalene,                 309-00-2         P004
                                              1,2,3,4,10,10-10-hexachloro-                                      
                                              1,4,4a,5,8,8a-hexahydro-,                                         
                                              (1alpha,4alpha,4abeta,5alpha,8alph                                
                                              a, 8abeta)-.                                                      
Allyl alcohol..............................  2-Propen-1-ol......................           107-18-6         P005
Allyl chloride.............................  1-Propane, 3-chloro................           107-18-6  ...........
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
Antimony...................................  Same...............................          7440-36-0  ...........
Antimony compounds, N.O.S.\1\..............  ...................................  .................  ...........
Aramite....................................  Sulfurous acid, 2-chloroethyl 2-[4-           140-57-8  ...........
                                              (1,1-dimethylethyl)phenoxy]-1-                                    
                                              methylethyl ester.                                                
Arsenic....................................  Same...............................          7440-38-2  ...........
Arsenic compounds, N.O.S.\1\...............  ...................................  .................  ...........
Arsenic acid...............................  Arsenic acid H3AsO4................          7778-39-4         P010
Arsenic pentoxide..........................  Arsenic oxide As2O5................          1303-28-2         P011
Arsenic trioxide...........................  Arsenic oxide As2O3................          1327-53-3         P012
Auramine...................................  Benzenamine, 4,4'-                            492-80-8         U014
                                              carbonimidoylbis[N,N-dimethyl.                                    
Azaserine..................................  L-Serine, diazoacetate (ester).....           115-02-6         U015
Barban.....................................  Carbamic acid, (3-chlorophenyl) -,            101-27-9         U280
                                              4-chloro-2-butynyl ester.                                         
Barium.....................................  Same...............................          7440-39-3  ...........
Barium compounds, N.O.S.\1\................  ...................................  .................  ...........
Barium cyanide.............................  Same...............................           542-62-1         P013
Bendiocarb.................................  1,3-Benzodioxol-4-ol, 2,2-dimethyl-         22781-23-3         U278
                                              , methyl carbamate.                                               
Bendiocarb phenol..........................  1,3-Benzodioxol-4-ol, 2,2-dimethyl-         22961-82-6         U364
                                              ,.                                                                
Benomyl....................................  Carbamic acid, [1- [(butylamino)            17804-35-2         U271
                                              carbonyl]- 1H-benzimidazol-2-yl] -                                
                                              , methyl ester.                                                   
Benz[c]acridine............................  Same...............................           225-51-4         U016
Benz[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 \1\-diamine....            92-87-5         U021
Benzo[b]fluoranthene.......................  Benz[e]acephenanthrylene...........           205-99-2  ...........
Benzo[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-1,4-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.S.\1\.............  ...................................  .................  ...........
Bis (pentamethylene)-thiuram tetrasulfide..  Piperidine, 1,1'-                             120-54-7         U400
                                              (tetrathiodicarbonothioyl)-bis-.                                  
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

[[Page 78]]

                                                                                                                
Butyl benzyl phthalate.....................  1,2-Benzenedicarboxylic acid, butyl            85-68-7  ...........
                                              phenylmethyl ester.                                               
Butylate...................................  Carbamothioic acid, bis (2-                  2008-41-5         U392
                                              methylpropyl)-, S-ethyl ester.                                    
Cacodylic acid.............................  Arsinic acid, dimethyl-............            75-60-5         U136
Cadmium....................................  Same...............................          7440-43-9  ...........
Cadmium compounds, N.O.S.\1\...............  ...................................  .................  ...........
Calcium chromate...........................  Chromic acid H2CrO4, 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-           10605-21-7         U372
                                              yl, methyl ester.                                                 
Carbofuran.................................  7-Benzofuranol, 2,3-dihydro-2,2-             1563-66-2         P127
                                              dimethyl-, methylcarbamate.                                       
Carbofuran phenol..........................  7-Benzofuranol, 2,3-dihydro-2,2-             1563-38-8         U367
                                              dimethyl-.                                                        
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)              55285-14-8         P189
                                              thio] methyl-, 2,3-dihydro-2,2-                                   
                                              dimethyl-7-benzofuranyl ester.                                    
Chloral....................................  Acetaldehyde, trichloro-...........            75-87-6         U034
Chlorambucil...............................  Benzenebutanoic acid, 4-[bis(2-               305-03-3         U035
                                              chloroethyl)amino]-.                                              
Chlordane..................................  4,7-Methano-1H-indene,                         57-74-9         U036
                                              1,2,4,5,6,7,8,8-octachloro-                                       
                                              2,3,3a,4,7,7a-hexahydro-.                                         
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-                  494-03-1         U026
                                              chloroethyl)-.                                                    
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-           510-15-6         U038
                                              (4-chlorophenyl)-alpha-hydroxy-,                                  
                                              ethyl ester.                                                      
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-                     6358-53-8  ...........
                                              dimethoxyphenyl)azo]-.                                            
Coal tar creosote..........................  Same...............................          8007-45-2  ...........
Copper cyanide.............................  Copper cyanide CuCN................           544-92-3         P029
Copper dimethyldithiocarbamate.............  Copper,                                       137-29-1         U393
                                              bis(dimethylcarbamodithioato-S,S')-                               
                                              ,.                                                                
Creosote...................................  Same...............................  .................         U051
Cresol (Cresylic acid).....................  Phenol, methyl-....................          1319-77-3         U052
Crotonaldehyde.............................  2-Butenal..........................          4170-30-3         U053
m-Cumenyl methylcarbamate..................  Phenol, 3-(methylethyl)-, methyl               64-00-6         P202
                                              carbamate.                                                        
Cyanides (soluble salts and complexes)       ...................................  .................         P030
 N.O.S.\1\.                                                                                                     
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-        14901-08-7  ...........
                                              azoxy)methyl.                                                     
Cycloate...................................  Carbamothioic acid, cyclohexylethyl-         1134-23-2         U386
                                              , S-ethyl ester.                                                  
2-Cyclohexyl-4,6-dinitrophenol.............  Phenol, 2-cyclohexyl-4,6-dinitro-..           131-89-5         P034
Cyclophosphamide...........................  2H-1,3,2-Oxazaphosphorin-2-amine,              50-18-0         U058
                                              N,N-bis(2-chloroethyl)tetrahydro-,                                
                                              2-oxide.                                                          
2,4-D......................................  Acetic acid, (2,4-dichlorophenoxy)-            94-75-7         U240

[[Page 79]]

                                                                                                                
2,4-D, salts, esters.......................  ...................................  .................         U240
Daunomycin.................................  5,12-Naphthacenedione, 8-acetyl-10-         20830-81-3         U059
                                              [(3-amino-2,3,6-trideoxy-alpha-L-                                 
                                              lyxo- hexopyranosyl)oxy]-7,8,9,10-                                
                                              tetrahydro-6,8,11-trihydroxy-1-                                   
                                              methoxy-, (8S-cis)-.                                              
Dazomet....................................  2H-1,3,5-thiadiazine-2-thione,                533-74-4         U366
                                              tetrahydro-3,5-dimethyl.                                          
DDD........................................  Benzene, 1,1'-(2,2-                            72-54-8         U060
                                              dichloroethylidene)bis[4-chloro-.                                 
DDE........................................  Benzene, 1,1'-                                 72-55-9  ...........
                                              (dichloroethenylidene)bis[4-chloro-                               
                                              .                                                                 
DDT........................................  Benzene, 1,1'-(2,2,2-                          50-29-3         U061
                                              trichloroethylidene)bis[4-chloro-.                                
Diallate...................................  Carbamothioic acid, bis(1-                   2303-16-4         U062
                                              methylethyl)-, S-(2,3-dichloro-2-                                 
                                              propenyl) ester.                                                  
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,                  84-74-2         U069
                                              dibutyl ester.                                                    
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'-            91-94-1         U073
                                              dichloro-.                                                        
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-dichlrol-, (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'-                                 111-91-1         U024
                                              [methylenebis(oxy)]bis[2-chloro-.                                 
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-                   60-57-1         P037
                                              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)-.                                        
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-          117-81-7         U028
                                              ethylhexyl) ester.                                                
N,N'-Diethylhydrazine......................  Hydrazine, 1,2-diethyl-............          1615-80-1         U086
O,O-Diethyl S-methyl dithiophosphate.......  Phosphorodithioic acid, O,O-diethyl          3288-58-2         U087
                                              S-methyl ester.                                                   
Diethyl-p-nitrophenyl phosphate............  Phosphoric acid, diethyl 4-                   311-45-5         P041
                                              nitrophenyl ester.                                                
Diethyl phthalate..........................  1,2-Benzenedicarboxylic acid,                  84-66-2         U088
                                              diethyl ester.                                                    
O,O-Diethyl O-pyrazinyl phosphoro- thioate.  Phosphorothioic acid, O,O-diethyl O-          297-97-2         P040
                                              pyrazinyl ester.                                                  
Diethylstilbesterol........................  Phenol, 4,4'-(1,2-diethyl-1,2-                 56-53-1         U089
                                              ethenediyl)bis-, (E)-.                                            
Dihydrosafrole.............................  1,3-Benzodioxole, 5-propyl-........            94-58-6         U090
Diisopropylfluorophosphate (DFP)...........  Phosphorofluoridic acid, bis(1-                55-91-4         P043
                                              methylethyl) ester.                                               
Dimethoate.................................  Phosphorodithioic acid, O,O-                   60-51-5         P044
                                              dimethyl S-[2-(methylamino)-2-                                    
                                              oxoethyl] ester.                                                  
3,3'-Dimethoxybenzidine....................  [1,1'-Biphenyl]-4,4'-diamine, 3,3'-           119-90-4         U091
                                              dimethoxy-.                                                       
p-Dimethylaminoazobenzene..................  Benzenamine, N,N-dimethyl-4-                   60-11-7         U093
                                              (phenylazo)-.                                                     
7,12-Dimethylbenz[a]anthracene.............  Benz[a]anthracene, 7,12-dimethyl-..            57-97-6         U094

[[Page 80]]

                                                                                                                
3,3'-Dimethylbenzidine.....................  [1,1'-Biphenyl]-4,4'-diamine, 3,3'-           119-93-7         U095
                                              dimethyl-.                                                        
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-               122-09-8         P046
                                              dimethyl-.                                                        
2,4-Dimethylphenol.........................  Phenol, 2,4-dimethyl-..............           105-67-9         U101
Dimethyl phthalate.........................  1,2-Benzenedicarboxylic acid,                 131-11-3         U102
                                              dimethyl ester.                                                   
Dimethyl sulfate...........................  Sulfuric acid, dimethyl ester......            77-78-1         U103
Dimetilan..................................  Carbamic acid, dimethyl-, 1-                  644-64-4         P191
                                              [(dimethylamino) carbonyl]-5-                                     
                                              methyl-1H-pyrazol-3-yl ester.                                     
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-                88-85-7         P020
                                              dinitro-.                                                         
Di-n-octyl phthalate.......................  1,2-Benzenedicarboxylic acid,                 117-84-0         U017
                                              dioctyl ester.                                                    
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,                  97-77-8         U403
                                              tetraethyl.                                                       
Disulfoton.................................  Phosphorodithioic acid, O,O-diethyl           298-04-4         P039
                                              S-[2-(ethylthio)ethyl] ester.                                     
Dithiobiuret...............................  Thioimidodicarbonic diamide                   541-53-7         P049
                                              [(H2N)C(S)]2NH.                                                   
Endosulfan.................................  6,9-Methano-2,4,3-                            115-29-7         P050
                                              benzodioxathiepin, 6,7,8,9,10,10-                                 
                                              hexachloro-1,5,5a,6,9,9a-                                         
                                              hexahydro-, 3-oxide.                                              
Endothall..................................  7-Oxabicyclo[2.2.1]heptane-2,3-               145-73-3         P088
                                              dicarboxylic acid.                                                
Endrin.....................................  2,7:3,6-Dimethanonaphth[2,3-                   72-20-8         P051
                                              b]oxirene, 3,4,5,6,9,9-hexachloro-                                
                                              1a,2,2a,3,6,6a,7,7a-octa-hydro-,                                  
                                              (1aalpha,2beta,2abeta,3alpha,6alph                                
                                              a, 6abeta,7beta,7aalpha)-.                                        
Endrin metabolites.........................  ...................................  .................         P051
Epichlorohydrin............................  Oxirane, (chloromethyl)-...........           106-89-8         U041
Epinephrine................................  1,2-Benzenediol, 4-[1-hydroxy-2-               51-43-4         P042
                                              (methylamino)ethyl]-, (R)-.                                       
EPTC.......................................  Carbamothioic acid, dipropyl-, S-             759-94-4         U390
                                              ethyl ester.                                                      
Ethyl carbamate (urethane).................  Carbamic acid, ethyl ester.........            51-79-6         U238
Ethyl cyanide..............................  Propanenitrile.....................           107-12-0         P101
Ethylenebisdithiocarbamic acid.............  Carbamodithioic acid, 1,2-                    111-54-6         U114
                                              ethanediylbis-.                                                   
Ethylenebisdithiocarbamic acid, salts and    ...................................  .................         U114
 esters.                                                                                                        
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             97-63-2         U118
                                              ester.                                                            
Ethyl methanesulfonate.....................  Methanesulfonic acid, ethyl ester..            62-50-0         U119
Ethyl Ziram................................  Zinc, bis(diethylcarbamodithioato-          14324-55-1         U407
                                              S,S')-.                                                           
Famphur....................................  Phosphorothioic acid, O-[4-                    52-85-7         P097
                                              [(dimethylamino)sulfonyl]phenyl]                                  
                                              O,O-dimethyl ester.                                               
Ferbam.....................................  Iron, tris(dimethylcarbamodithioat-         14484-64-1         U396
                                              S,S')-,.                                                          
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-        23422-53-9         P198
                                              [[(methylamino)                                                   
                                              carbonyl]oxy]phenyl]-,                                            
                                              monohydrochloride.                                                
Formic acid................................  Same...............................            64-18-6         U123
Formparanate...............................  Methanimidamide, N,N-dimethyl-N'-[2-        17702-57-7         P197
                                              methyl-4-[[(methylamino)                                          
                                              carbonyl]oxy]phenyl]-.                                            
Glycidylaldehyde...........................  Oxiranecarboxyaldehyde.............           765-34-4         U126
Halomethanes, N.O.S.\1\....................  ...................................  .................  ...........
Heptachlor.................................  4,7-Methano-1H-indene,                         76-44-8         P059
                                              1,4,5,6,7,8,8-heptachloro-                                        
                                              3a,4,7,7a-tetrahydro-.                                            

[[Page 81]]

                                                                                                                
Heptachlor epoxide.........................  2,5-Methano-2H-indeno[1,2-                   1024-57-3  ...........
                                              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)-.                                           
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-                    87-68-3         U128
                                              hexachloro-.                                                      
Hexachlorocyclopentadiene..................  1,3-Cyclopentadiene, 1,2,3,4,5,5-              77-47-4         U130
                                              hexachloro-.                                                      
Hexachlorodibenzo-p-dioxins................  ...................................  .................  ...........
Hexachlorodibenzofurans....................  ...................................  .................  ...........
Hexachloroethane...........................  Ethane, hexachloro-................            67-72-1         U131
Hexachlorophene............................  Phenol, 2,2'-methylenebis[3,4,6-               70-30-4         U132
                                              trichloro-.                                                       
Hexachloropropene..........................  1-Propene, 1,1,2,3,3,3-hexachloro-.          1888-71-7         U243
Hexaethyl tetraphosphate...................  Tetraphosphoric acid, hexaethyl               757-58-4         P062
                                              ester.                                                            
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 H2S...............          7783-06-4         U135
3-Iodo-2-propynyl n-butylcarbamate.........  Carbamic acid, butyl-, 3-iodo-2-            55406-53-6         U375
                                              propynyl ester.                                                   
Indeno[1,2,3-cd]pyrene.....................  Same...............................           193-39-5         U137
Isobutyl alcohol...........................  1-Propanol, 2-methyl-..............            78-83-1         U140
Isodrin....................................  1,4,5,8-Dimethanonaphthalene,                 465-73-6         P060
                                              1,2,3,4,10,10-hexachloro-                                         
                                              1,4,4a,5,8,8a-hexahydro-,                                         
                                              (1alpha,4alpha,4abeta,5beta,                                      
                                              8beta,8abeta)-.                                                   
Isolan.....................................  Carbamic acid, dimethyl-, 3-methyl-           119-38-0         P192
                                              1-(1-methylethyl)-1H-pyrazol-5-yl                                 
                                              ester.                                                            
Isosafrole.................................  1,3-Benzodioxole, 5-(1-propenyl)-..           120-58-1         U141
Kepone.....................................  1,3,4-Metheno-2H-                             143-50-0         U142
                                              cyclobuta[cd]pentalen-2-one,                                      
                                              1,1a,3,3a,4,5,5,5a,5b,6-                                          
                                              decachlorooctahydro-.                                             
Lasiocarpine...............................  2-Butenoic acid, 2-methyl-,7-[[2,3-           303-34-1         4143
                                              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]]-                                  
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               7446-27-7         U145
                                              (2:3).                                                            
Lead subacetate............................  Lead, bis(acetato-O)tetrahydroxytri-         1335-32-6         U146
                                              .                                                                 
Lindane....................................  Cyclohexane, 1,2,3,4,5,6-hexachloro-           58-89-9         U129
                                              , (1alpha,2alpha,3beta,4alpha,                                    
                                              5alpha,6beta)-.                                                   
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,                                  15339-36-3         P196
                                              bis(dimethylcarbamodithioato-S,S')-                               
                                              ,.                                                                
Melphalan..................................  L-Phenylalanine, 4-[bis(2-                    148-82-3         U150
                                              chloroethyl)aminol]-.                                             
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-,                137-42-8         U384
                                              monosodium salt.                                                  
Methacrylonitrile..........................  2-Propenenitrile, 2-methyl-........           126-98-7         U152
Methapyrilene..............................  1,2-Ethanediamine, N,N-dimethyl-N'-            91-80-5         U155
                                              2-pyridinyl-N'-(2-thienylmethyl)-.                                
Methiocarb.................................  Phenol, (3,5-dimethyl-4-                     2032-65-7         P199
                                              (methylthio)-, methylcarbamate.                                   
Methomyl...................................  Ethanimidothioic acid, N-                   16752-77-5         P066
                                              [[(methylamino)carbonyl]oxy]-,                                    
                                              methyl ester.                                                     
Methoxychlor...............................  Benzene, 1,1'-(2,2,2-                          72-43-5         U247
                                              trichloroethylidene)bis[4-methoxy-.                               
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

[[Page 82]]

                                                                                                                
Methyl chloroform..........................  Ethane, 1,1,1-trichloro-...........            71-55-6         U226
3-Methylcholanthrene.......................  Benz[j]aceanthrylene, 1,2-dihydro-3-           56-49-5         U157
                                              methyl-.                                                          
4,4'-Methylenebis(2-chloroaniline).........  Benzenamine, 4,4'-methylenebis[2-             101-14-4         U158
                                              chloro-.                                                          
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            80-62-6         U162
                                              ester.                                                            
Methyl methanesulfonate....................  Methanesulfonic acid, methyl ester.            66-27-3  ...........
Methyl parathion...........................  Phosphorothioic acid, O,O-dimethyl            298-00-0         P071
                                              O-(4-nitrophenyl) ester.                                          
Methylthiouracil...........................  4(1H)-Pyrimidinone, 2,3-dihydro-6-             56-04-2         U164
                                              methyl-2-thioxo-.                                                 
Metolcarb..................................  Carbamic acid, methyl-, 3-                   1129-41-5         P190
                                              methylphenyl ester.                                               
Mexacarbate................................  Phenol, 4-(dimethylamino)-3,5-                315-18-4         P128
                                              dimethyl-, methylcarbamate (ester).                               
Mitomycin C................................  Azirino[2',3':3,4]pyrrolo[1,2-                 50-07-7         U010
                                              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)]-.                                
MNNG.......................................  Guanidine, N-methyl-N'-nitro-N-                70-25-7         U163
                                              nitroso-.                                                         
Molinate...................................  1H-Azepine-1-carbothioic acid,               2212-67-1         U365
                                              hexahydro-, S-ethyl ester.                                        
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-                       54-11-5         P075
                                              pyrrolidinyl)-, (S)-.                                             
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-                     51-75-2  ...........
                                              chloroethyl)-N-methyl-.                                           
Nitrogen mustard, hydrochloride salt.......  ...................................  .................  ...........
Nitrogen mustard N-oxide...................  Ethanamine, 2-chloro-N-(2-                    126-85-2  ...........
                                              chloroethyl)-N-methyl-, N-oxide.                                  
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\....................  ...................................        35576-91-1D  ...........
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-,                615-53-2         U178
                                              ethyl ester.                                                      
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-                   16543-55-8  ...........
                                              pyrrolidinyl)-, (S)-.                                             
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
Octamethylpyrophosphoramide................  Diphosphoramide, octamethyl-.......           152-16-9         P085
Osmium tetroxide...........................  Osmium oxide OsO4, (T-4)-..........         20816-12-0         P087

[[Page 83]]

                                                                                                                
Oxamyl.....................................  Ethanimidothioc acid, 2-                    23135-22-0         P194
                                              (dimethylamino)-N-                                                
                                              [[(methylamino)carbonyl]oxy]-2-oxo-                               
                                              , methyl ester.                                                   
Paraldehyde................................  1,3,5-Trioxane, 2,4,6-trimethyl-...           123-63-7         U182
Parathion..................................  Phosphorothioic acid, O,O-diethyl O-           56-38-2         P089
                                              (4-nitrophenyl) ester.                                            
Pebulate...................................  Carbamothioic acid, butylethyl-, S-          1114-71-2         U391
                                              propyl ester.                                                     
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
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           298-02-2         P094
                                              S-[(ethylthio)methyl] ester.                                      
Phthalic acid esters, N.O.S.\1\............  ...................................  .................  ...........
Phthalic anhydride.........................  1,3-Isobenzofurandione.............            85-44-9         U190
Physostigmine..............................  Pyrrolo[2,3-b]indol-5-01,                      57-47-6         P204
                                              1,2,3,3a,8,8a-hexahydro-1,3a,8-                                   
                                              trimethyl-, methylcarbamate                                       
                                              (ester), (3aS-cis)-.                                              
Physostigmine salicylate...................  Benzoic acid, 2-hydroxy-, compd.               57-64-7         P188
                                              with (3aS-cis) -1,2,3,3a,8,8a-                                    
                                              hexahydro-1,3a,8-trimethylpyrrolo                                 
                                              [2,3-b]indol-5-yl methylcarbamate                                 
                                              ester (1:1).                                                      
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..........  Carbamodithioc acid, dimethyl,                128-03-0         U383
                                              potassium salt.                                                   
Potassium hyroxymethyl-n-methyl-             Carbamodithioc acid,                        51026-28-9         U378
 dithiocarbamate.                             (hydroxymethyl)methyl-,                                           
                                              monopotassium salt.                                               
Potassium n-methyldithiocarbamate..........  Carbamodithioc acid, methyl-                  137-41-7         U377
                                              monopotassium salt.                                               
Potassium pentachlorophenate...............  Pentachlorophenol, potassium salt..            7778736         None
Potassium silver cyanide...................  Argentate(1-), bis(cyano-C)-,                 506-61-6         P099
                                              potassium.                                                        
Promecarb..................................  Phenol, 3-methyl-5-(1-methylethyl)-          2631-37-0         P201
                                              , methyl carbamate.                                               
Pronamide..................................  Benzamide, 3,5-dichloro-N-(1,1-             23950-58-5         U192
                                              dimethyl-2-propynyl)-.                                            
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-                    122-42-9         U373
                                              methylethyl ester.                                                
Propoxur...................................  Phenol, 2-(1-methylethoxy)-,                  114-26-1         U411
                                              methylcarbamate.                                                  
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-             51-52-5  ...........
                                              propyl-2-thioxo-.                                                 
Prosulfocarb...............................  Carbamothioic acid, dipropyl-, S-           52888-80-9         U387
                                              (phenylmethyl) ester.                                             
Pyridine...................................  Same...............................           110-86-1         U196
Reserpine..................................  Yohimban-16-carboxylic acid, 11,17-            50-55-5         U200
                                              dimethoxy-18-[(3,4,5-                                             
                                              trimethoxybenzoyl)oxy]-smethyl                                    
                                              ester,                                                            
                                              (3beta,16beta,17alpha,18beta,20alp                                
                                              ha)-.                                                             
Resorcinol.................................  1,3-Benzenediol....................           108-46-3         U201
Saccharin..................................  1,2-Benzisothiazol-3(2H)-one, 1,1-             81-07-2         U202
                                              dioxide.                                                          
Saccharin salts............................  ...................................  .................         U202
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

[[Page 84]]

                                                                                                                
Selenium, tetrakis (dimethyl-                Carbamodithioic acid, dimethyl-,              144-34-3         U376
 dithiocarbamate.                             tetraanhydrosulfide with                                          
                                              orthothioselenious acid.                                          
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-                      93-72-1     See F027
                                              trichlorophenoxy)-.                                               
Sodium cyanide.............................  Sodium cyanide Na(CN)..............           143-33-9         P106
Sodium dibutyldithiocarbamate..............  Carbamodithioic acid, dibutyl,                136-30-1         U379
                                              sodium salt.                                                      
Sodium diethyldithiocarbamate..............  Carbamodithioic acid, diethyl-,               148-18-5         U381
                                              sodium salt.                                                      
Sodium dimethyldithiocarbamate.............  Carbamodithioic acid, dimethyl-,              128-04-1         U382
                                              sodium salt.                                                      
Sodium pentachlorophenate..................  Pentachlorophenol, sodium salt.....             131522         None
Streptozotocin.............................  D-Glucose, 2-deoxy-2-                       18883-66-4         U206
                                              [[(methylnitrosoamino)carbonyl]ami                                
                                              no]-.                                                             
Strychnine.................................  Strychnidin-10-one.................            57-24-9         P108
Strychnine salts...........................  ...................................  .................         P108
Sulfallate.................................  Carbamodithioic acid, diethyl-, 2-             95-06-7         U277
                                              chloro-2-propenyl ester.                                          
TCDD.......................................  Dibenzo[b,e][1,4]dioxin, 2,3,7,8-            1746-01-6  ...........
                                              tetrachloro-.                                                     
Tetrabutylthiuram disulfide................  Thioperoxydicarbonic diamide,                1634-02-2         U402
                                              tetrabutyl.                                                       
Tetrabutylthiuram monosulfide..............  Bis (dimethylthiocarbamoyl) sulfide            97-74-5         U401
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            3689-24-5         P109
                                              ester.                                                            
Tetraethyl lead............................  Plumbane, tetraethyl-..............            78-00-2         P110
Tetraethyl pyrophosphate...................  Diphosphoric acid, tetraethyl ester           107-49-3         P111
Tetranitromethane..........................  Methane, tetranitro-...............           509-14-8         P112
Thallium...................................  Same...............................          7440-28-0  ...........
Thallium compounds, N.O.S.\1\..............  ...................................  .................  ...........
Thallic oxide..............................  Thallium oxide Tl2O3...............          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'-                59669-26-0         U410
                                              [thiobis [(methylimino)                                           
                                              carbonyloxy]] bis-, dimethyl ester.                               
Thiofanox..................................  2-Butanone, 3,3-dimethyl-1-                 39196-18-4         P045
                                              (methylthio)-, 0-                                                 
                                              [(methylamino)carbonyl] oxime.                                    
Thiomethanol...............................  Methanethiol.......................            74-93-1         U153
Thiophanate-methyl.........................  Carbamic acid, [1,2-phyenylenebis           23564-05-8         U409
                                              (iminocarbonothioyl)] bis-,                                       
                                              dimethyl ester.                                                   
Thiophenol.................................  Benzenethiol.......................           108-98-5         P014
Thiosemicarbazide..........................  Hydrazinecarbothioamide............            79-19-6         P116
Thiourea...................................  Same...............................            62-56-6         U219
Thiram.....................................  Thioperoxydicarbonic diamide                  137-26-8         U244
                                              [(H2N)C(S)]2S2, tetramethyl-.                                     
Tirpate....................................  1,3-Dithiolane-2-carboxaldehyde,            26419-73-8         P185
                                              2,4-dimethyl-, O-[(methylamino)                                   
                                              carbonyl] oxime.                                                  
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-,                       636-21-5         U222
                                              hydrochloride.                                                    
p-Toluidine................................  Benzenamine, 4-methyl-.............           106-49-0         U353
Toxaphene..................................  Same...............................          8001-35-2         P123
Triallate..................................  Carbamothioic acid, bis(1-                   2303-17-5         U389
                                              methylethyl)-, S-(2,3,3-trichloro-                                
                                              2-propenyl) ester.                                                

[[Page 85]]

                                                                                                                
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-                           93-76-5     See F027
                                              trichlorophenoxy)-.                                               
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-                  126-68-1  ...........
                                              triethyl ester.                                                   
1,3,5-Trinitrobenzene......................  Benzene, 1,3,5-trinitro-...........            99-35-4         U234
Tris(1-aziridinyl)phosphine sulfide........  Aziridine, 1,1',1''-                           52-24-4  ...........
                                              phosphinothioylidynetris-.                                        
Tris(2,3-dibromopropyl) phosphate..........  1-Propanol, 2,3-dibromo-, phosphate           126-72-7         U235
                                              (3:1).                                                            
Trypan blue................................  2,7-Naphthalenedisulfonic acid,                72-57-1         U236
                                              3,3'-[(3,3'-dimethyl[1,1'-                                        
                                              biphenyl]-4,4'-diyl)bis(azo)]-                                    
                                               bis[5-amino-4-hydroxy-,                                          
                                              tetrasodium salt.                                                 
Uracil mustard.............................  2,4-(1H,3H)-Pyrimidinedione, 5-                66-75-1         U237
                                              [bis(2-chloroethyl)amino]-.                                       
Vanadium pentoxide.........................  Vanadium oxide V2O5................          1314-62-1         P120
Vernolate..................................  Carbamothioc acid, dipropyl-, S-             1929-77-7         U385
                                              propyl ester.                                                     
Vinyl chloride.............................  Ethene, chloro-....................            75-01-4         U043
Warfarin...................................  2H-1-Benzopyran-2-one, 4-hydroxy-3-            81-81-2         U248
                                              (3-oxo-1-phenylbutyl)-, when                                      
                                              present at concentrations less                                    
                                              than 0.3%.                                                        
Warfarin...................................  2H-1-Benzopyran-2-one, 4-hydroxy-3-            81-81-2         P001
                                              (3-oxo-1-phenylbutyl)-, when                                      
                                              present at concentrations greater                                 
                                              than 0.3%.                                                        
Warfarin salts, when present at              ...................................  .................         U248
 concentrations less than 0.3%.                                                                                 
Warfarin salts, when present at              ...................................  .................         P001
 concentrations greater than 0.3%.                                                                              
Zinc cyanide...............................  Zinc cyanide Zn(CN)2...............           557-21-1         P121
Zinc phosphide.............................  Zinc phosphide Zn3P2, when present           1314-84-7         P122
                                              at concentrations greater than 10%.                               
Zinc phosphide.............................  Zinc phosphide Zn3P2, when present           1314-84-7         U249
                                              at concentrations of 10% or less.                                 
Ziram......................................  ZInc, bis(dimethylcarbamodithioato-           137-30-4         P205
                                              S,S')-, (T-4)-.                                                   
----------------------------------------------------------------------------------------------------------------
\1\ The abbreviation N.O.S. (not otherwise specified) signifies those members of the general class not          
  specifically listed by name in this appendix.                                                                 

[53 FR 13388, Apr. 22, 1988, as amended at 53 FR 43881, Oct. 31, 1988; 
54 FR 50978, Dec. 11, 1989; 55 FR 50483, Dec. 6, 1990; 56 FR 7568, Feb. 
25, 1991; 59 FR 468, Jan. 4, 1994; 59 FR 31551, June 20, 1994; 60 FR 
7853, Feb. 9, 1995; 60 FR 19165, Apr. 17, 1995]

[[Page 86]]


      
 Appendix IX to Part 261--Wastes Excluded Under Secs. 260.20 and 260.22

           Table 1--Wastes Excluded From Non-Specific Sources           
------------------------------------------------------------------------
     Facility           Address                Waste description        
------------------------------------------------------------------------
Ampex Recording    Opelika, Alabama.  Solvent recovery residues in the  
 Media                                 powder or pellet form (EPA       
 Corporation.                          Hazardous Waste Nos. F003 and    
                                       F005) generated from the recovery
                                       of spent solvents from the       
                                       manufacture of tape recording    
                                       media (generated at a maximum    
                                       annual rate of 1,000 cubic yards 
                                       in the powder or pellet form)    
                                       after August 9, 1993. In order to
                                       confirm that the characteristics 
                                       of the wastes do not change      
                                       significantly, the facility must,
                                       on an annual basis, analyze a    
                                       representative composite sample  
                                       of the waste (in its final form) 
                                       for the constituents listed in 40
                                       CFR 261.24 using the method      
                                       specified therein. The annual    
                                       analytical results, including    
                                       quality control information, must
                                       be compiled, certified according 
                                       to 40 CFR 260.22(i)(12),         
                                       maintained on-site for a minimum 
                                       of five years, and made available
                                       for inspection upon request by   
                                       any employee or representative of
                                       EPA or the State of Alabama.     
                                       Failure to maintain the required 
                                       records on-site will be          
                                       considered by EPA, at its        
                                       discretion, sufficient basis to  
                                       revoke the exclusion to the      
                                       extent directed by EPA.          
Aptus, Inc.......  Coffeyville,       Kiln residue and spray dryer/     
                    Kansas.            baghouse residue (EPA Hazardous  
                                       Waste No. F027) generated during 
                                       the treatment of cancelled       
                                       pesticides containing 2,4,5-T and
                                       Silvex and related materials by  
                                       Aptus' incinerator at            
                                       Coffeyville, Kansas after        
                                       December 27, 1991, so long as:   
                                      (1) The incinerator is monitored  
                                       continuously and is in compliance
                                       with operating permit conditions.
                                       Should the incinerator fail to   
                                       comply with the permit conditions
                                       relevant to the mechanical       
                                       operation of the incinerator,    
                                       Aptus must test the residues     
                                       generated during the run when the
                                       failure occurred according to the
                                       requirements of Conditions (2)   
                                       through (4), regardless of       
                                       whether or not the demonstration 
                                       in Condition (5) has been made.  
                                      (2) A minimum of four grab samples
                                       must be taken from each hopper   
                                       (or other container) of kiln     
                                       residue generated during each 24 
                                       hour run; all grabs collected    
                                       during a given 24 hour run must  
                                       then be composited to form one   
                                       composite sample. A minimum of   
                                       four grab samples must also be   
                                       taken from each hopper (or other 
                                       container) of spray dryer/       
                                       baghouse residue generated during
                                       each 24 hour run; all grabs      
                                       collected during a given 24 hour 
                                       run must then be composited to   
                                       form one composite sample. Prior 
                                       to the disposal of the residues  
                                       from each 24 hour run, a TCLP    
                                       leachate test must be performed  
                                       on these composite samples and   
                                       the leachate analyzed for the TC 
                                       toxic metals, nickel, and        
                                       cyanide. If arsenic, chromium,   
                                       lead or silver TC leachate test  
                                       results exceed 1.6 ppm, barium   
                                       levels exceed 32 ppm, cadmium or 
                                       selenium levels exceed 0.3 ppm,  
                                       mercury levels exceed 0.07 ppm,  
                                       nickel levels exceed 10 ppm, or  
                                       cyanide levels exceed 6.5 ppm,   
                                       the wastes must be retreated to  
                                       achieve these levels or must be  
                                       disposed in accordance with      
                                       subtitle C of RCRA. Analyses must
                                       be performed according to SW-846 
                                       methodologies.                   
                                      (3) Aptus must generate, prior to 
                                       the disposal of the residues,    
                                       verification data from each 24   
                                       hour run for each treatment      
                                       residue (i.e., kiln residue,     
                                       spray dryer/baghouse residue) to 
                                       demonstrate that the maximum     
                                       allowable treatment residue      
                                       concentrations listed below are  
                                       not exceeded. Samples must be    
                                       collected as specified in        
                                       Condition (2). Analyses must be  
                                       performed according to SW-846    
                                       methodologies. Any residues which
                                       exceed any of the levels listed  
                                       below must be retreated or must  
                                       be disposed of as hazardous.     
                                      Kiln residue and spray dryer/     
                                       baghouse residue must not exceed 
                                       the following levels:            
                                      Aldrin--0.015 ppm                 
                                      Benzene--9.7 ppm                  
                                      Benzo(a)pyrene--0.43 ppm          
                                      Benzo(b)fluoranthene--1.8 ppm     
                                      Chlordane--0.37 ppm               
                                      Chloroform--5.4 ppm               
                                      Chrysene--170 ppm                 
                                      Dibenz(a,h)anthracene--0.083 ppm  
                                      1,2-Dichloroethane--4.1 ppm       
                                      Dichloromethane--2.4 ppm          
                                      2,4-Dichlorophenol--480 ppm       
                                      Dichlorvos--260 ppm               
                                      Disulfaton--23 ppm                
                                      Endosulfan I--310 ppm             
                                      Fluorene--120 ppm                 
                                      Indeno(1,2,3,cd)-pyrene--330 ppm  
                                      Methyl parathion--210 ppm         
                                      Nitrosodiphenylamine--130 ppm     
                                      Phenanthrene--150 ppm             
                                      Polychlorinated biphenyls--0.31   
                                       ppm                              
                                      Tetrachloroethylene--59 ppm       
                                      2,4,5-TP (silvex)--110 ppm        
                                      2,4,6-Trichlorophenol--3.9 ppm    

[[Page 87]]

                                                                        
                                      (4) Aptus must generate, prior to 
                                       disposal of residues,            
                                       verification data from each 24   
                                       hour run for each treatment      
                                       residue (i.e., kiln residue,     
                                       spray dryer/baghouse residue) to 
                                       demonstrate that the residues do 
                                       not contain tetra-, penta-, or   
                                       hexachlorodibenzo-p-dioxins or   
                                       furans at levels of regulatory   
                                       concern. Samples must be         
                                       collected as specified in        
                                       Condition (2). The TCDD          
                                       equivalent levels for the solid  
                                       residues must be less than 5 ppt.
                                       Any residues with detected       
                                       dioxins or furans in excess of   
                                       this level must be retreated or  
                                       must be disposed of as acutely   
                                       hazardous. SW-846 Method 8290, a 
                                       high resolution gas              
                                       chromatography and high          
                                       resolution mass spectroscopy     
                                       (HRGC/HRMS) analytical method    
                                       must be used. For tetra- and     
                                       penta-chlorinated dioxin and     
                                       furan homologs, the maximum      
                                       practical quantitation limit must
                                       not exceed 15 ppt for the solid  
                                       residues. For hexachlorinated    
                                       dioxin and furan homologs, the   
                                       maximum practical quantitation   
                                       limit must not exceed 37 ppt for 
                                       the solid residues.              
                                      (5) The test data from Conditions 
                                       (1), (2), (3), and (4) must be   
                                       kept on file by Aptus for        
                                       inspection purposes and must be  
                                       compiled, summarized, and        
                                       submitted to the Director for the
                                       Characterization and Assessment  
                                       Division, Office of Solid Waste, 
                                       by certified mail on a monthly   
                                       basis and when the treatment of  
                                       the cancelled pesticides and     
                                       related materials is concluded.  
                                       The testing requirements for     
                                       Conditions (2), (3), and (4) will
                                       continue until Aptus provides the
                                       Director with the results of four
                                       consecutive batch analyses for   
                                       the petitioned wastes, none of   
                                       which exceed the maximum         
                                       allowable levels listed in these 
                                       conditions and the director      
                                       notifies Aptus that the          
                                       conditions have been lifted. All 
                                       data submitted will be placed in 
                                       the RCRA public docket.          
                                      (6) Aptus must provide a signed   
                                       copy of the following            
                                       certification statement when     
                                       submitting data in response to   
                                       the conditions listed above:     
                                       ``Under civil and criminal       
                                       penalty of law for the making or 
                                       submission of false or fraudulent
                                       statements or representations, 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.''                  
Arco Building      Sugarcreek, Ohio.  Dewatered wastewater treatment    
 Products.                             sludge (EPA Hazardous Waste No.  
                                       F019) generated from the chemical
                                       conversion coating of aluminum   
                                       after August 15, 1986.           
Arco Chemical Co.  Miami, FL........  Dewatered wastewater treatment    
                                       sludge (EPA Hazardous Waste No.  
                                       FO19) generated from the chemical
                                       conversion coating of aluminum   
                                       after April 29, 1986.            
Arkansas           Vertac Superfund   Kiln ash, cyclone ash, and calcium
 Department of      site,              chloride salts from incineration 
 Pollution          Jacksonville,      of residues (EPA Hazardous Waste 
 Control and        Arkansas.          No. F020 and F023) generated from
 Ecology.                              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      
                                       ADPC&E'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, ADPC&E 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) must be performed 
                                          according to SW-846           
                                          methodologies.                
                                           (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
                                            fullfilled 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). ADPC&E must  
                                            report the analytical 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.         

[[Page 88]]

                                                                        
                                           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        
                                          regulations.                  
                                         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.                    
                                           (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-              
                                            Dichloroethylene, 1.3 ppm;  
                                            trans-1,2-Dichloroethylene, 
                                            37 ppm; Dichloromethane,    
                                            0.23 ppm; 2,4-              
                                            Dichlorophenol, 43 ppm;     
                                            Hexachlorobenzene, 0.26 ppm;
                                            Indeno (1,2,3-cd) pyrene, 30
                                            ppm; Polychlorinated        
                                            biphenyls, 12 ppm; 2,4,5-T, 
                                            1  x  10 \6\ 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  x  10-7 ppm.
                                           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     
                                            Method 8290, a high         
                                            resolution gas              
                                            chromatography/high         
                                            resolution mass spectrometry
                                            method, and must achieve    
                                            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,      
                                          ADPC&E must notify the Section
                                          Chief, Variances Section (see 
                                          address below) when the full- 
                                          scale incineration system is  
                                          on-line 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, ADPC&E 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 ADPC&E's      
                                          exclusion to the extent       
                                          directed by EPA. All data must
                                          be accompanied by the         
                                          following certification       
                                          statement:                    

[[Page 89]]

                                                                        
                                         ``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.''                  
BBC Brown Boveri,  Sanford, FL......  Dewatered Wastewater treatment    
 Inc.                                  sludges (EPA Hazardous Waste No. 
                                       F006) generated from             
                                       electroplating operations after  
                                       October 17, 1986.                
Bethlehem Steel    Lackawanna, New    Ammonia still lime sludge (EPA    
 Corporation.       York.              Hazardous Waste No. K060) and    
                                       other solid waste generated from 
                                       primary metal-making and coking  
                                       operations. This is a one-time   
                                       exclusion for 118,000 cubic yards
                                       of waste contained in the on-site
                                       landfill referred to as HWM-2.   
                                       This exclusion was published on  
                                       April 24, 1996.                  
Bethlehem Steel    Sparrows Point,    Stabilized filter cake (at a      
 Corporation.       Maryland.          maximum annual rate of 1100 cubic
                                       yards) from the treatment of     
                                       wastewater treatment sludges (EPA
                                       Hazardous Waste No. F006)        
                                       generated from electroplating    
                                       operations after [insert date of 
                                       publication in Federal Register].
                                       Bethlehem Steel (BSC) must       
                                       implement a testing program that 
                                       meets the following conditions   
                                       for the exclusion to be valid:   
                                        (1) Testing: Sample collection  
                                       and analyses (including quality  
                                       control (QC) procedures) must be 
                                       performed according to SW-846    
                                       methodologies. If EPA judges the 
                                       stabilization process to be      
                                       effective under the conditions   
                                       used during the initial          
                                       verification testing, BSC may    
                                       replace the testing required in  
                                       Condition (1)(A) with the testing
                                       required in Condition (1)(B). BSC
                                       must continue to test as         
                                       specified in Condition (1)(A)    
                                       until and unless notified by EPA 
                                       in writing that testing in       
                                       Condition (1)(A) may be replaced 
                                       by Condition (1)(B) (to the      
                                       extent directed by EPA).         
                                        (A) Initial Verification        
                                       Testing: During at least the     
                                       first eight weeks of operation of
                                       the full-scale treatment system, 
                                       BSC must collect and analyze     
                                       weekly composites representative 
                                       of the stabilized waste. Weekly  
                                       composites must be composed of   
                                       representative grab samples      
                                       collected from every batch during
                                       each week of stabilization. The  
                                       composite samples must be        
                                       collected and analyzed, prior to 
                                       the disposal of the stabilized   
                                       filter cake, for all constituents
                                       listed in Condition (3). BSC must
                                       report the analytical test data, 
                                       including a record of the ratios 
                                       of lime kiln dust and fly ash    
                                       used and quality control         
                                       information, obtained during this
                                       initial period no later than 60  
                                       days after the collection of the 
                                       last composite of stabilized     
                                       filter cake.                     
                                        (B) Subsequent Verification     
                                       Testing: Following written       
                                       notification by EPA, BSC may     
                                       substitute the testing condition 
                                       in (1)(B) for (1)(A). BSC must   
                                       collect and analyze at least one 
                                       composite representative of the  
                                       stabilized filter cake generated 
                                       each month. Monthly composites   
                                       must be comprised of             
                                       representative samples collected 
                                       from all batches that are        
                                       stabilized in a one-month period.
                                       The monthly samples must be      
                                       analyzed prior to the disposal of
                                       the stabilized filter cake for   
                                       chromium, lead and nickel. BSC   
                                       may, at its discretion, analyze  
                                       composite samples more frequently
                                       to demonstrate that smaller      
                                       batches of waste are non-        
                                       hazardous.                       
                                        (C) Annual Verification Testing:
                                       In order to confirm that the     
                                       characteristics of the treated   
                                       waste do not change              
                                       significantly, BSC must, on an   
                                       annual basis, analyze a          
                                       representative composite sample  
                                       of stabilized filter cake for all
                                       TC constituents listed in 40 CFR 
                                       Sec.  261.24 using the method    
                                       specified therein. This composite
                                       sample must represent the        
                                       stabilized filter cake generated 
                                       over one week.                   
                                        (2) Waste Holding and Handling: 
                                       BSC must store, as hazardous, all
                                       stabilized filter cake generated 
                                       until verification testing (as   
                                       specified in Conditions (1)(A)   
                                       and (1)(B)) is completed and     
                                       valid analyses demonstrate that  
                                       the delisting levels set forth in
                                       Condition (3) are met. If the    
                                       levels of hazardous constituents 
                                       measured in the samples of       
                                       stabilized filter cake generated 
                                       are below all the levels set     
                                       forth in Condition (3), then the 
                                       stabilized filter cake is non-   
                                       hazardous and may be managed and 
                                       disposed of in accordance with   
                                       all applicable solid waste       
                                       regulations. If hazardous        
                                       constituent levels in any weekly 
                                       or monthly composite sample equal
                                       or exceed any of the delisting   
                                       levels set in Condition (3), the 
                                       stabilized filter cake generated 
                                       during the time period           
                                       corresponding to this sample must
                                       be retreated until it is below   
                                       these levels or managed and      
                                       disposed of in accordance with   
                                       Subtitle C of RCRA.              
                                        (3) Delisting Levels: All       
                                       concentrations must be measured  
                                       in the waste leachate by the     
                                       method specified in 40 CFR Sec.  
                                       261.24. The leachable            
                                       concentrations for the           
                                       constituents must be below the   
                                       following levels (ppm): arsenic--
                                       4.8; barium--100; cadmium--0.48; 
                                       chromium--5.0; lead--1.4;        
                                       mercury--0.19; nickel--9.6;      
                                       selenium--1.0; silver--5.0.      

[[Page 90]]

                                                                        
                                        (4) Changes in Operating        
                                       Conditions: After completing the 
                                       initial verification test period 
                                       in Condition (1)(A), if BSC      
                                       decides to significantly change  
                                       the stabilization process (e.g., 
                                       stabilization reagents) developed
                                       under Condition (1), then BSC    
                                       must notify EPA in writing prior 
                                       to instituting the change. After 
                                       written approval by EPA, BSC may 
                                       manage waste generated from the  
                                       changed process as non-hazardous 
                                       under this exclusion, provided   
                                       the other conditions of this     
                                       exclusion are fulfilled.         
                                        (5) Data Submittals: Two weeks  
                                       prior to system start-up, BSC    
                                       must notify in writing the       
                                       Section Chief, Delisting Section 
                                       (see address below) when         
                                       stabilization of the dewatered   
                                       filter cake will begin. The data 
                                       obtained through Condition (1)(A)
                                       must be submitted to the Section 
                                       Chief, Delisting Section, OSW    
                                       (5304), U.S. EPA, 401 M Street,  
                                       SW, Washington, DC 20460 within  
                                       the time period specified. The   
                                       analytical data, including       
                                       quality control information and  
                                       records of ratios of lime kiln   
                                       dust and fly ash used, must be   
                                       compiled and maintained on site  
                                       for a minimum of five years.     
                                       These data must be furnished upon
                                       request and made available for   
                                       inspection by EPA or the State of
                                       Maryland. Failure to submit the  
                                       required data within the         
                                       specified time period or maintain
                                       the required records on site for 
                                       the specified time will be       
                                       considered by the Agency, at its 
                                       discretion, sufficient basis to  
                                       revoke the exclusion to the      
                                       extent directed by EPA. All data 
                                       must be accompanied by 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 Sec.  1001  
                                       and 42 U.S.C Sec.  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     
                                       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.''                     
Boeing Commercial  Auburn,            Residually contaminated soils in  
 Airplane Co.       Washington.        an inactive sludge pile          
                                       containment area on March 27,    
                                       1990, previously used to store   
                                       wastewater treatment sludges     
                                       generated from electroplating    
                                       operations (EPA Hazardous Waste  
                                       No. F006).                       
Bommer Industries  Landrum, SC......  Wastewater treatment sludges (EPA 
 Inc.                                  Hazardous Waste No. F006)        
                                       generated from their             
                                       electroplating operations and    
                                       contained in evaporation ponds 1
                                       and 2 on August 12, 1987.       
Capitol Products   Harrisburg, PA...  Dewatered wastewater treatment    
 Corp.                                 sludges (EPA Hazardous Waste No. 
                                       FO19) generated from the chemical
                                       conversion coating of aluminum   
                                       after September 12, 1986.        
Capitol Products   Kentland, IN.....  Dewatered wastewater treatment    
 Corporation.                          sludges (EPA Hazardous Waste No. 
                                       F019) generated from the chemical
                                       conversion coating of aluminum   
                                       after November 17, 1986.         
Care Free          Charlotte,         Wastewater treatment sludge (EPA  
 Aluminum           Michigan.          Hazardous Waste No. F019)        
 Products, Inc.                        generated from the chemical      
                                       conversion coating of aluminum   
                                       (generated at a maximum annual   
                                       rate of 100 cubic yards), after  
                                       August 21, 1992. In order to     
                                       confirm that the characteristics 
                                       of the waste do not change       
                                       significantly, the facility must,
                                       on an annual basis, analyze a    
                                       representative composite sample  
                                       for the constituents listed in   
                                       Sec.  261.24 using the method    
                                       specified therein. The annual    
                                       analytical results, including    
                                       quality control information, must
                                       be compiled, certified according 
                                       to Sec.  260.22(i)(12),          
                                       maintained on-site for a minimum 
                                       of five years, and made available
                                       for inspection upon request by   
                                       any employee or representative of
                                       EPA or the State of Michigan.    
                                       Failure to maintain the required 
                                       records on-site will be          
                                       considered by EPA, at its        
                                       discretion, sufficient basis to  
                                       revoke the exclusion to the      
                                       extent directed by EPA.          
Chamberlian-       Hot Springs, AR..  Dewatered wastewater treatment    
 Featherlite, Inc.                     sludges (EPA Hazardous Waste No. 
                                       F019) generated from the chemical
                                       conversion coating of aluminum   
                                       after July 16, 1986.             
Cincinnati         Cincinnati, OH...  Sluiced bottom ash (approximately 
 Metropolitan                          25,000 cubic yards) contained in 
 Sewer District.                       the South Lagoon, on September   
                                       13, 1985 which contains EPA      
                                       Hazardous Waste Nos. F001, F002, 
                                       F003, F004, and F005.            
Clay Equipment     Cedar Falls, Iowa  Dewatered wastewater treatment    
 Corporation.                          sludges (EPA Hazardous Waste No. 
                                       F006) and spent cyanide bath     
                                       solutions (EPA Hazardous Waste   
                                       No. F009) generated from         
                                       electroplating operations and    
                                       disposed of in an on-site surface
                                       impoundment. This is a onetime   
                                       exclusion. This exclusion was    
                                       published on August 1, 1989.     
Continental Can    Olympia, WA......  Dewatered wastewater treatment    
 Co.                                   sludges (DPA Hazardous Waste No. 
                                       FO19) generated from the chemical
                                       conversion coating of aluminum   
                                       after September 12, 1986.        
Dover Corp.,       Tulsa, OK........  Dewatered wastewater treatment    
 Norris Div.                           sludge (EPA Hazardous Waste No.  
                                       FO06) generated from their       
                                       electroplating operations after  
                                       April 29, 1986.                  

[[Page 91]]

                                                                        
Eli Lilly and      Clinton, Indiana.  Incinerator scrubber liquids,     
 Company.                              entering and contained in their  
                                       onsite surface impoundment, and  
                                       solids settling from these       
                                       liquids originating from the     
                                       burning of spent solvents (EPA   
                                       Hazardous Waste Nos. F002, F003, 
                                       and F005) contained in their     
                                       onsite surface impoundment and   
                                       solids retention area on August  
                                       18, 1988 and any new incinerator 
                                       scubber liquids and settled      
                                       solids generated in the surface  
                                       impoundment and and disposed of  
                                       in the retention are after August
                                       12, 1988.                        
Envirite           Canton, Ohio;      Dewatered wastewater sludges (EPA 
 Corporation.       Harvey,            Hazardous Waste No. F006)        
                    Illinois; York,    generated from electroplating    
                    Pennsylvania.      operations; spent cyanide plating
                                       solutions (EPA Hazardous Waste   
                                       No. F007) generated from         
                                       electroplating operations;       
                                       plating bath residues from the   
                                       bottom of plating baths (EPA     
                                       Hazardous Waste No. F008)        
                                       generated from electroplating    
                                       operations where cyanides are    
                                       used in the process; spent       
                                       stripping and cleaning bath      
                                       solutions (EPA Hazardous Waste   
                                       No. F009) generated from         
                                       electroplating operations where  
                                       cyanides are used in the process;
                                       spent cyanide solutions from salt
                                       bath pot cleaning (EPA Hazardous 
                                       Waste No. F011) generated from   
                                       metal heat treating operations;  
                                       quenching wastewater treatment   
                                       sludges (EPA Hazardous Waste No. 
                                       F012) generated from metal heat  
                                       treating where cyanides are used 
                                       in the process; wastewater       
                                       treatment sludges (EPA Hazardous 
                                       Waste No. F019) generated from   
                                       the chemical conversion coating  
                                       of aluminum after November 14,   
                                       1986. To ensure that hazardous   
                                       constituents are not present in  
                                       the waste at levels of regulatory
                                       concern, the facility must       
                                       implement a contingency testing  
                                       program for the petitioned waste.
                                       This testing program must meet   
                                       the following conditions for the 
                                       exclusion to be valid:           
                                      (1) Each batch of treatment       
                                       residue must be representatively 
                                       sampled and tested using the EP  
                                       Toxicity test for arsenic,       
                                       barium, cadmium, chromium, lead, 
                                       selenium, silver, mercury, and   
                                       nickel. If the extract           
                                       concentrations for chromium,     
                                       lead, arsenic, and silver exceed 
                                       0.315 ppm; barium levels exceed  
                                       6.3 ppm; cadmium and selenium    
                                       exceed 0.063 ppm; mercury exceeds
                                       0.0126 ppm; or nickel levels     
                                       exceed 2.205 ppm; the waste must 
                                       be retreated or managed and      
                                       disposed as a hazardous waste    
                                       under 40 CFR Parts 262 to 265 and
                                       the permitting standards of 40   
                                       CFR Part 270.                    
                                      (2) Each batch of treatment       
                                       residue must be tested for       
                                       reactive and leachable cyanide.  
                                       If the reactive cyanide levels   
                                       exceed 250 ppm or leachable      
                                       cyanide levels (using the EP     
                                       Toxicity test without acetic acid
                                       adjustment) exceed 1.26 ppm, the 
                                       waste must be re-treated or      
                                       managed and disposed as a        
                                       hazardous waste under 40 CFR     
                                       Parts 262 to 265 and the         
                                       permitting standards of 40 CFR   
                                       Part 270.                        
                                      (3) Each batch of waste must be   
                                       tested for the total content of  
                                       specific organic toxicants. If   
                                       the total content of anthracene  
                                       exceeds 76.8 ppm, 1,2-diphenyl   
                                       hydrazine exceeds 0.001 ppm,     
                                       methylene chloride exceeds 8.18  
                                       ppm, methyl ethyl ketone exceeds 
                                       326 ppm, n-nitrosodiphenylamine  
                                       exceeds 11.9 ppm, phenol exceeds 
                                       1,566 ppm, tetrachloroethylene   
                                       exceeds 0.188 ppm, or            
                                       trichloroethylene exceeds 0.592  
                                       ppm, the waste must be managed   
                                       and disposed as a hazardous waste
                                       under 40 CFR Parts 262 to 265 and
                                       the permitting standards of 40   
                                       CFR Part 270.                    
                                      (4) A grab sample must be         
                                       collected from each batch to form
                                       one monthly composite sample     
                                       which must be tested using GC/MS 
                                       analysis for the compounds listed
                                       in #3 above as well as the       
                                       remaining organics on the        
                                       priority pollutant list. (See 47 
                                       FR 52039, November 19, 1982, for 
                                       a list of the priority           
                                       pollutants.)                     
                                      (5) The data from conditions 1-4  
                                       must be kept on file at the      
                                       facility for inspection purposes 
                                       and must be compiled, summarized,
                                       and submitted to the             
                                       Administrator by certified mail  
                                       semi-annually. The Agency will   
                                       review this information and if   
                                       needed will propose to modify or 
                                       withdraw the exclusion.          
                                      The organics testing described in 
                                       conditions 3 and 4 above are not 
                                       required until six months from   
                                       the date of promulgation. The    
                                       Agency's decision to             
                                       conditionally exclude the        
                                       treatment residue generated from 
                                       the wastewater treatment systems 
                                       at these facilities applies only 
                                       to the wastewater and solids     
                                       treatment systems as they        
                                       presently exist as described in  
                                       the delisting petition. The      
                                       exclusion does not apply to the  
                                       proposed process additions       
                                       described in the petition as     
                                       recovery including               
                                       crystallization, electrolytic    
                                       metals recovery, evaporative     
                                       recovery, and ion exchange.      
EPA's Mobile       Denney Farm Site;  Process wastewater, rotary kiln   
 Incineration       McDowell, MO.      ash, CHEAF media, and other      
 System.                               solids (except spent activated   
                                       carbon) (EPA Hazardous Waste Nos.
                                       F020, F022, F023, F026, F027, and
                                       F028) generated during the field 
                                       demonstration of EPA's Mobile    
                                       Incinerator at the Denney Farm   
                                       Site in McDowell, Missouri, after
                                       July 25, 1985, so long as: (1)   
                                       The incinerator is functioning   
                                       properly; (2) a grab sample is   
                                       taken from each tank of          
                                       wastewater generated and the EP  
                                       leachate values do not exceed    
                                       0.03 ppm for mercury, 0.14 ppm   
                                       for selenium, and 0.68 ppm for   
                                       chromium; and (3) a grab sample  
                                       is taken from each drum of soil  
                                       or ash generated and a core      
                                       sample is collected from each    
                                       CHEAF roll generated and the EP  
                                       leachate values of daily         
                                       composites do not exceed 0.044   
                                       ppm in ash or CHEAF media for    
                                       mercury or 0.22 ppm in ash or    
                                       CHEAF media for selenium.        
Falconer Glass     Falconer, NY.....  Wastewater treatment sludges from 
 Indust., Inc.                         the filter press and magnetic    
                                       drum separator (EPA Hazardous    
                                       Waste No. F006) generated from   
                                       electroplating operations after  
                                       July 16, 1986.                   
Florida            Daytona Beach,     This is a one-time exclusion.     
 Production         Florida.           Wastewater treatment sludges (EPA
 Engineering                           Hazardous Waste No. F006)        
 Company.                              generated from electroplating    
                                       operations and contained in four 
                                       on-site trenches on January 23,  
                                       1987.                            

[[Page 92]]

                                                                        
General Electric   Shreveport         Wastewater treatment sludges (EPA 
 Company.           Louisiana.         Hazardous Waste No. F006)        
                                       generated from electroplating    
                                       operations and contained in four 
                                       on-site treatment ponds on August
                                       12, 1987.                        
General Motors     Elyria, OH.......  The residue generated from the use
 Corp., Fisher                         of the Chemfix         
 Body Division.                        treatment process on sludge (EPA 
                                       Hazardous Waste No. F006)        
                                       generated from electroplating    
                                       operations and contained in three
                                       on-site surface impoundments on  
                                       November 14, 1986. To assure that
                                       stabilization occurs, the        
                                       following conditions apply to    
                                       this exclusion:                  
                                      (1) Mixing ratios shall be        
                                       monitored continuously to assure 
                                       consistent treatment.            
                                      (2) One grab sample of the treated
                                       waste shall be taken each hour as
                                       it is pumped to the holding area 
                                       (cell) from each trailer unit. At
                                       the end of each production day,  
                                       the grab samples from the        
                                       individual trailer units will be 
                                       composited and the EP toxicity   
                                       test will be run on each         
                                       composite sample. If lead or     
                                       total chromium concentrations    
                                       exceed 0.315 ppm or if nickel    
                                       exceeds 2.17 ppm, in the EP      
                                       extract, the waste will be       
                                       removed and retreated or disposed
                                       of as a hazardous waste.         
                                       (3) The treated waste shall be   
                                       pumped into bermed cells which   
                                       are constructed to assure that   
                                       the treated waste is identifiable
                                       and retrievable (i.e., the       
                                       material can be removed and      
                                       either disposed of as a hazardous
                                       waste or retreated if conditions 
                                       1 or 2 are not met).             
                                      Failure to satisfy any of these   
                                       conditions would render the      
                                       exclusion void. This is a one-   
                                       time exclusion, applicable only  
                                       to the residue generated from the
                                       use of the Chemfix     
                                       treatment process on the sludge  
                                       currently contained in the three 
                                       on-site surface impoundments.    
Geological         Morrisville, PA..  Wastewater treatment sludge filter
 Reclamation                           cake from the treatment of EPA   
 Operations and                        Hazardous Waste No. F039,        
 Systems, Inc.                         generated at a maximum annual    
                                       rate of 1,000 cubic yards. This  
                                       exclusion was published on August
                                       20, 1991. This exclusion covers  
                                       the filter cake resulting from   
                                       the treatment of hazardous       
                                       leachate derived from only       
                                       ``old'' GROWS and non-hazardous  
                                       leachate derived from only non-  
                                       hazardous sources. This exclusion
                                       does not address the wastes      
                                       disposed of in the ``old'' GROWS 
                                       Landfill or the grit generated   
                                       during the removal of heavy      
                                       solids from the landfill         
                                       leachate. To ensure that         
                                       hazardous constituents are not   
                                       present in the filter cake at    
                                       levels of regulatory concern,    
                                       GROWS must implement a testing   
                                       program for the petitioned waste.
                                       This testing program must meet   
                                       the conditions listed below in   
                                       order for the exclusion to be    
                                       valid:                           
                                      (1) Testing: Sample collection and
                                       analyses, including quality      
                                       control (QC) procedures, must be 
                                       performed according to SW-846    
                                       methodologies.                   
                                      (A) Sample Collection: Each batch 
                                       of waste generated over a four-  
                                       week period must be collected in 
                                       containers with a maximum        
                                       capacity of 20-cubic yards. At   
                                       the end of the four-week period, 
                                       each container must be divided   
                                       into four quadrants and a single,
                                       full-depth core sample shall be  
                                       collected from each quadrant. All
                                       of the full-depth core samples   
                                       then must be composited under    
                                       laboratory conditions to produce 
                                       one representative composite     
                                       sample for the four-week period. 
                                      (B) Sample Analysis: Each four-   
                                       week composite sample 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 by any 
                                       employee or representative of EPA
                                       or state of Pennsylvania.        
                                      (2) Waste Holding: The dewatered  
                                       filter cake waste must be stored 
                                       as hazardous until the           
                                       verification analyses are        
                                       completed.                       
                                      If the four-week composite sample 
                                       does not exceed any of the       
                                       delisting levels set in Condition
                                       (3), the filter cake waste       
                                       corresponding to this sample may 
                                       be managed and disposed of in    
                                       accordance with all applicable   
                                       solid waste regulations. If the  
                                       four-week composite sample       
                                       exceeds any of the delisting     
                                       levels set in Condition (3), the 
                                       filter cake waste generated      
                                       during the time period           
                                       corresponding to the four-week   
                                       composite sample must be         
                                       retreated until it meets these   
                                       levels (analyses must be         
                                       repeated) or managed and disposed
                                       of in accordance with subtitle C 
                                       of RCRA.                         
                                      Filter cake waste which is        
                                       generated but for which analyses 
                                       are not complete or valid must be
                                       managed and disposed of in       
                                       accordance with subtitle C of    
                                       RCRA, until valid analyses       
                                       demonstrate that the waste meets 
                                       the delisting levels.            
                                      (3) Delisting Levels: If the      
                                       concentrations in the four-week  
                                       composite sample of the filter   
                                       cake waste for any of the        
                                       hazardous constituents listed    
                                       below exceed their respective    
                                       maximum allowable concentrations 
                                       (ppm) also listed below, the four-
                                       week batch of failing filter cake
                                       waste must either be retreated   
                                       until it meets these levels or   
                                       managed and disposed of in       
                                       accordance with subtitle C of    
                                       RCRA.                            
                                                                        
                                      (A) Inorganics (Leachable):       
                                      Arsenic--0.79                     
                                      Barium--15.9                      
                                      Cadmium--0.16                     
                                      Chromium--0.79                    
                                      Cyanide--11.1                     
                                      Lead--0.79                        
                                      Mercury--0.032                    
                                      Selenium--0.16                    
                                      Silver--0.79                      
                                      Nickel--11.1                      

[[Page 93]]

                                                                        
                                      Leachable metal concentrations    
                                       must be measured in the filter   
                                       cake leachate as per 40 CFR Sec. 
                                       261.24. Cyanide extractions must 
                                       be conducted using distilled     
                                       water in place of the leaching   
                                       media per 40 CFR Sec.  261.24.   
                                                                        
                                      (B) Organics:                     
                                      Acetone--2.02E+03                 
                                      Acetophenone--3.53E+04            
                                      Acetonitrile; Methyl cyanide--    
                                       2.43E+01                         
                                      Acrolein--1.38E+02                
                                      Acrylonitrile--6.26E-04           
                                      Aldrin--5.27E-03                  
                                      Aniline--8.72E-01                 
                                      Anthracene--3.01E+02              
                                      Benzene--3.47E+00                 
                                      Benzo[a]anthracene--5.78E-01      
                                      Benzo(b)fluoranthene--6.41E-01    
                                      Benzo(k)fluoranthene--3.04E+03    
                                      Benzo[a]pyrene--1.51E-01          
                                      gamma-BHC; Lindane--5.90E-01      
                                      Bis(2-chloroethyl) ether--6.94E-04
                                      Bis(2-ethylhexyl) phthalate--     
                                       1.64E+02                         
                                      Bromodichloromethane--2.94E+03    
                                      Bromoform; Tribromomethane--      
                                       3.76E+03                         
                                      Butyl benzyl phthalate--2.49E+05  
                                      Carbon disulfide--4.98E+04        
                                      Carbon tetrachloride--5.49E+00    
                                      Chlordane--7.51E+01               
                                      p-Chloroaniline--1.85E+02         
                                      Chlorobenzene--5.95E+02           
                                      Chlorobenzilate--1.68E+03         
                                      p-Chloro-m-cresol--5.18E+02       
                                      Chloroform--1.94E+00              
                                      2-Chlorophenol--1.72E+02          
                                      Chrysene--5.92E+01                
                                      Cresol--4.91E+03                  
                                      2,4-D; 2,4-Dichlorophenoxyacetic  
                                       acid--4.17E+02                   
                                      4,4'-DDD; DDD--2.33E+00           
                                      4,4'-DDE; DDE--3.86E+00           
                                      4,4'-DDT; DDT--1.21E+01           
                                      Dibenz[a,h]anthracene--2.86E-02   
                                      Dibromochloromethane;             
                                       Chlorodibromomethane--3.05E+03   
                                      1,2-Dibromo-3-chloropropane--4.09E-
                                       02                               
                                      1,2-Dibromoethane; Ethylene       
                                       dibromide--2.37E-03              
                                      Di-n-butyl phthalate--9.84E+05    
                                      o-Dichlorobenzene; 1,2-           
                                       Dichlorobenzene--1.95E+04        
                                      m-Dichlorobenzene; 1,3-           
                                       Dichlorobenzene--1.87E+05        
                                      p-Dichlorobenzene; 1,4-           
                                       Dichlorobenzene--1.03E+03        
                                      3,3'-Dichlorobenzidine--2.21E-01  
                                      Dichlorodifluoromethane--4.15E+05 
                                      1,1-Dichloroethane--4.45E-02      
                                      1,2-Dichloroethane; Ethylene      
                                       dichloride--1.45E+00             
                                      1,1-Dichloroethylene--4.96E+00    
                                      trans-1,2-Dichloroethylene--      
                                       1.42E+02                         
                                      2,4-Dichlorophenol--1.69E+02      
                                      1,2-Dichloropropane--2.73E+00     
                                      1,3-Dichloropropene (total cis and
                                       trans isomers)--2.32E-02         
                                      Dieldrin--5.04E-03                
                                      Diethyl phthalate--1.00E+06       
                                      Dimethoate--1.32E+00              
                                      7,12-Dimethylbenz[a]anthracene--  
                                       1.46E-02                         
                                      2,4-Dimethylphenol--4.87E+01      
                                      Dimethyl phthalate--1.00E+06      
                                      m-Dinitrobenzene--5.14E+00        
                                      4,6-Dinitro-o-cresol--2.00E+02    
                                      2,4-Dinitrophenol--8.96E+01       
                                      Dinitrotoluene (total of-2,4- and 
                                       2,6- isomers)--4.54E-03          
                                      Dinoseb; DNBP--5.26E+02           
                                      Di-n-octyl phthalate--1.34E+05    
                                      1,4-Dioxane--7.89E-02             
                                      Diphenylamine--4.81E+04           
                                      Disulfoton--3.34E+00              
                                      Endosulfan I and Endosulfan II    
                                       (total)--7.74E+01                
                                      Endrin--3.92E+00                  

[[Page 94]]

                                                                        
                                      Ethylbenzene--1.94E+04            
                                      Fluoranthene--1.16E+05            
                                      Fluorene--4.09E+01                
                                      Heptachlor--1.31E+01              
                                      Heptachlor epoxide--3.26E+00      
                                      Hexachlorobenzene--1.02E+00       
                                      Hexachlorobutadiene--2.01E+01     
                                      Hexachlorocyclopentadiene--3.23E+0
                                       4                                
                                      Hexachloroethane--1.15E+01        
                                      Hexachlorophene;--1.22E+04        
                                      Indeno (1,2,3-cd) pyrene--1.16E+02
                                      Isobutyl alcohol; Isobutanol--    
                                       3.22E+04                         
                                      Isophorone--2.86E+00              
                                      Methacrylonitrile; 2-methyl-2-    
                                       Propenenitrile--5.77E-01         
                                      Methoxychlor--1.03E+05            
                                      Methylbromide; Bromomethane--     
                                       1.41E+02                         
                                      Methyl chloride; Chloromethane--  
                                       3.22E+04                         
                                      Methylene chloride;               
                                       Dichloromethane--9.07E-01        
                                      Methyl ethyl ketone; 2-Butanone-- 
                                       1.50E+03                         
                                      Methyl methacrylate--5.08E+05     
                                      Methyl parathion; Phosphorothioic 
                                       acid--5.27E+01                   
                                      4-Methyl-2-pentanone; Methyl      
                                       isobutyl ketone--6.40E+03        
                                      Naphthalene--1.00E+06             
                                      Nitrobenzene--2.56E+01            
                                      N-Nitroso-di-n-butylamine--8.15E- 
                                       05                               
                                      N-Nitrosodiethylamine--2.00E-07   
                                      N-Nitrosodimethylamine--2.19E-05  
                                      N-Nitrosodiphenylamine--4.55E+01  
                                      N-Nitrosodipropylamine; Di-n-     
                                       propylnitrosamine; N-Nitrosodi-n-
                                       propylamine--5.02E-05            
                                      Nitrosopyrrolidine; N-            
                                       Nitrosopyrrolidine; l-nitroso-   
                                       Pyrrolidine--3.06E-05            
                                      Polychlorinated biphenyls;--      
                                       4.77E+01                         
                                      Pentachlorobenzene--8.91E+03      
                                      Pentachloronitrobenzene--2.82E+00 
                                      Pentachlorophenol--1.14E+04       
                                      Phenanthrene--5.46E+01            
                                      Phenol--8.00E+04                  
                                      Pronamide--2.13E+05               
                                      Pyrene--1.00E+06                  
                                      Pyridine--1.31E+01                
                                      Silvex; 2,4,5-TP; 2-(2,4,5-       
                                       trichlorophenoxy)-Propanoic acid--
                                       3.87E+01                         
                                      Styrene--9.14E+00                 
                                      2,4,5-T; 2,4,5-                   
                                       Trichlorophenoxyacetic acid--    
                                       6.63E+03                         
                                      1,2,4,5-Tetrachlorobenzene--      
                                       2.19E+02                         
                                      1,1,2,2-Tetrachloroethane--2.28E- 
                                       02                               
                                      Tetrachloroethene;                
                                       Tetrachloroethylene--1.34E+01    
                                      2,3,4,6-Tetrachlorophenol--       
                                       1.17E+04                         
                                      Tetraethyl dithiopyrophosphate--  
                                       2.51E+02                         
                                      Toluene--4.58E+04                 
                                      Toxaphene--3.09E+02               
                                      1,2,4-Trichlorobenzene--4.75E+04  
                                      1,1,1-Trichloroethane--8.70E+02   
                                      1,1,2-Trichloroethane--9.03E-02   
                                      Trichloroethylene;                
                                       Trichloroethene--4.47E+00        
                                      Trichlorofluoromethane--3.31E+05  
                                      2,4,5-Trichlorophenol--8.20E+04   
                                      2,4,6-Trichlorophenol--1.38E+00   
                                      1,2,3-Trichloropropane--5.46E+02  
                                      sym-Trinitrobenzene--2.17E+00     
                                      Vinyl chloride--7.11E-01          
                                      Xylene (total)--8.49E+05          
Goodyear Tire and  Randleman, NC....  Dewatered wastewater treatment    
 Rubber Co.                            sludges (EPA Hazardous Waste No. 
                                       F006) generated from             
                                       electroplating operations.       
Gould, Inc.......  McConnelsville,    Wastewater treatment sludge (EPA  
                    OH.                Hazardous Waste No. F006)        
                                       generated from electroplating    
                                       operations after November 27,    
                                       1985.                            
Hoechst Celanese   Bucks, Alabama...  Distillation bottoms generated (at
 Corporation.                          a maximum annual rate of 31,500  
                                       cubic yards) from the production 
                                       of sodium hydrosulfite (EPA      
                                       Hazardous Waste No. F003). This  
                                       exclusion was published on July  
                                       17, 1990. This exclusion does not
                                       include the waste contained in   
                                       Hoechst Celanese's on-site       
                                       surface impoundment.             
Hoechst Celanese   Leeds, South       Distillation bottoms generated (at
 Corporation.       Carolina.          a maximum annual rate of 38,500  
                                       cubic yards) from the production 
                                       of sodium hydrosulfite (EPA      
                                       Hazardous Waste No. F003). This  
                                       exclusion was published on July  
                                       17, 1990.                        

[[Page 95]]

                                                                        
Hanover Wire       Hanover,           Dewatered filter cake (EPA        
 Cloth Division.    Pennsylvania.      Hazardous Waste No. F006)        
                                       generated from electroplating    
                                       operations after August 15, 1986.
Holston Army       Kingsport,         Dewatered wastewater treatment    
 Ammunition Plant.  Tennessee.         sludges (EPA Hazardous Waste Nos.
                                       F003, F005, and K044) generated  
                                       from the manufacturing and       
                                       processing of explosives and     
                                       containing spent non-halogenated 
                                       solvents after November 14, 1986.
Imperial Clevite.  Salem, IN........  Solid resin cakes containing EPA  
                                       Hazardous Waste No. F002         
                                       generated after August 27, 1985, 
                                       from solvent recovery operations.
Indiana Steel &    Munci, IN........  Dewatered wastewater treatment    
 Wire Corporation                      sludges (EPA Hazardous Waste Nos.
 (formerly                             F006 and K062) generated from    
 General Cable                         electroplating operations and    
 Co.).                                 steel finishing operations after 
                                       October 24, 1986. This exclusion 
                                       does not apply to sludges in any 
                                       on-site impoundments as of this  
                                       date.                            
International      Terre Haute,       Spent non-halogenated solvents and
 Minerals and       Indiana.           still bottoms (EPA Hazardous     
 Chemical                              Waste No. F003) generated from   
 Corporation.                          the recovery of n-butyl alchohol 
                                       after August 15, 1986.           
Kawneer Company,   Springdale,        Wastewater treatment filter press 
 Incorporated.      Arkansas.          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.               
Kay-Fries, Inc...  Stoney Point, NY.  Biological aeration lagoon sludge 
                                       and filter press sludge generated
                                       after September 21, 1984, which  
                                       contain EPA Hazardous Waste Nos. 
                                       F003 and F005 as well as that    
                                       disposed of in a holding lagoon  
                                       as of September 21, 1984.        
Keymark Corp.....  Fonda, NY........  Wastewater treatment sludge (EPA  
                                       Hazardous Waste No. F019)        
                                       generated from chemical          
                                       conversion coating of aluminum   
                                       after November 27, 1985.         
Keymark Corp.....  Fonda, NY........  Wastewater treatment sludges (EPA 
                                       Hazardous Waste No. F019)        
                                       generated from the chemical      
                                       conversion coating of aluminum   
                                       and contained in an on-site      
                                       impoundment on August 12, 1987.  
                                       This is a one-time exclusion.    
Lederle            Pearl River, NY..  Spent non-halogenated solvents and
 Laboratories.                         still bottoms (EPA Hazardous     
                                       Waste Nos. F003 and F005)        
                                       generated from the recovery of   
                                       the following solvents: Xylene,  
                                       acetone, ethyl acetate, ethyl    
                                       ether, methyl isobutyl ketone, n-
                                       butyl alcohol, cyclohexanone,    
                                       methanol, toluene, and pyridine  
                                       after August 2, 1988. Excusion   
                                       applies to primary and secondary 
                                       filter press sludges and compost 
                                       soils generated from these       
                                       sludges.                         
Lincoln Plating    Lincoln, NE......  Wastewater treatment sludges (EPA 
 Company.                              Hazardous Waste No. F006)        
                                       generated from electroplating    
                                       operations after November 17,    
                                       1986.                            
Loxcreen Company,  Hayti, MO........  Dewatered wastewater treatment    
 Inc.                                  sludges (EPA Hazardous Waste No. 
                                       F019) generated from the chemical
                                       conversion coating of aluminum   
                                       after July 16, 1986.             
MAHLE, Inc.......  Morristown,        Wastewater treatment sludge filter
                    Tennessee.         cake (EPA Hazardous Waste No.    
                                       F019) generated from the chemical
                                       conversion coating of aluminum   
                                       (generated at a maximum annual   
                                       rate of 33 cubic yards), after   
                                       August 21, 1992. In order to     
                                       confirm that the characteristics 
                                       of the waste do not change       
                                       significantly, the facility must,
                                       on an annual basis sample and    
                                       test for the constituents listed 
                                       in 40 CFR 261.24 using the method
                                       specified therein. The annual    
                                       analytical results (including    
                                       quality control information) must
                                       be compiled, certified according 
                                       to 40 CFR 260.22(i)(12),         
                                       maintained on-site for a minimum 
                                       of five years, and made available
                                       for inspection upon request by   
                                       representatives of EPA or the    
                                       State of Tennessee. Failure to   
                                       maintain the required records on-
                                       site will be considered by EPA,  
                                       at its discretion, sufficient    
                                       basis to revoke the exclusion to 
                                       the extent directed by EPA.      
Marquette          Milwaukee,         Wastewater treatment sludge (EPA  
 Electronics        Wisconsin.         Hazardous Waste No. F006)        
 Incorporated.                         generated from electroplating    
                                       operations. This exclusion was   
                                       published on April 20, 1989.     
Martin Marietta    Ocala, Florida...  Dewatered wastewater treatment    
 Aerospace.                            sludges (EPA Hazardous Waste No. 
                                       F006) generated from             
                                       electroplating operations after  
                                       January 23, 1987.                
Mason              Bay St. Louis,     Wastewater treatment sludge filter
 Chamberlain,       Mississippi.       cake (EPA Hazardous Waste No.    
 Incorporated.                         F019) generated (at a maximum    
                                       annual rate of 1,262 cubic yards)
                                       from the chemical conversion     
                                       coating of aluminum. This        
                                       exclusion was published on       
                                       October 27, 1989.                
Merck & Company,   Elkton, Virginia.  One-time exclusion for fly ash    
 Incorporated.                         (EPA Hazardous Waste No. F002)   
                                       from the incineration of         
                                       wastewater treatment sludge      
                                       generated from pharmaceutical    
                                       production processes and stored  
                                       in an on-site fly ash lagoon.    
                                       This exclusion was published on  
                                       May 12, 1989.                    
Maytag Company...  Newton, IA.......  Wastewater treatment sludges (EPA 
                                       Hazardous Waste No. F006)        
                                       generated from electroplating    
                                       operations and wastewater        
                                       treatment sludges (EPA Hazardous 
                                       Waste No. F019) generated from   
                                       the chemical conversion coating  
                                       of aluminum November 17, 1986.   
Metropolitan       Cincinnati, OH...  Sluiced bottom ash sludge         
 Sewer District                        (approximately 25,000 cubic      
 of Greater                            yards), contained in the North   
 Cincinnati.                           Lagoon, on September 21, 1984,   
                                       which contains EPA Hazardous     
                                       Wastes Nos. F001, F002, F003,    
                                       F004, and F005.                  
Michelin Tire      Sandy Springs,     Dewatered wastewater treatment    
 Corp.              South Carolina.    sludge (EPA Hazardous Wastes No. 
                                       F006) generated from             
                                       electroplating operations after  
                                       November 14, 1986.               

[[Page 96]]

                                                                        
Monroe Auto        Paragould, AR....  Wastewater treatment sludge (EPA  
 Equipment.                            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.         
North American     Greenville,        Wastewater treatment sludges (EPA 
 Philips Consumer   Tennessee.         Hazardous Waste No. F006)        
 Electronics                           generated from electroplating    
 Corporation.                          operations. This exclusion was   
                                       published on April 20, 1989.     
Philway Products,  Ashland, Ohio....  Filter press sludge generated (at 
 Incorporated.                         a maximum annual rate of 96 cubic
                                       yards) during the treatment of   
                                       electroplating wastewaters using 
                                       lime (EPA Hazardous Waste No.    
                                       F006). This exclusion was        
                                       published on October 26, 1990.   
Plastene Supply    Portageville,      Dewatered wastewater treatment    
 Company.           Missouri.          sludges (EPA Hazardous Waste No. 
                                       F006) generated from             
                                       electroplating operations after  
                                       August 15, 1986.                 
POP Fasteners....  Shelton,           Wastewater treatment sludge (EPA  
                    Connecticut.       Hazardous Waste No. F006)        
                                       generated from electroplating    
                                       operations (at a maximum annual  
                                       rate of 1,000 cubic yards) after 
                                       September 19, 1994. In order to  
                                       confirm that the characteristics 
                                       of the waste do not change       
                                       significantly, the facility must,
                                       on an annual basis, analyze a    
                                       representative composite sample  
                                       for the constituents listed in   
                                       Sec.  261.24 using the method    
                                       specified therein. The annual    
                                       analytical results, including    
                                       quality control information, must
                                       be compiled, certified according 
                                       to Sec.  260.22(i)(12),          
                                       maintained on site for a minimum 
                                       of five years, and made available
                                       for inspection upon request by   
                                       any employee or representative of
                                       EPA or the State of Connecticut. 
                                       Failure to maintain the required 
                                       records on site will be          
                                       considered by EPA, at its        
                                       discretion, sufficient basis to  
                                       revoke the exclusion to the      
                                       extent directed by EPA.          
Reynolds Metals    Sheffield, AL....  Dewatered wastewater treatment    
 Company.                              sludges (EPA Hazardous Waste No. 
                                       F019) generated from the chemical
                                       conversion coating of aluminum   
                                       after August 15, 1986.           
Reynolds Metals    Sheffield, AL....  Wastewater treatment filter press 
 Company.                              sludge (EPA Hazardous Waste No.  
                                       F019) generated (at a maximum    
                                       annual rate of 3,840 cubic yards)
                                       from the chemical conversion     
                                       coating of aluminum. This        
                                       exclusion was published on July  
                                       17, 1990.                        
Siegel-Robert,     St. Louis, MO....  Wastewater treatment sludge (EPA  
 Inc.                                  Hazardous Waste No. F006)        
                                       generated from electroplating    
                                       operations after November 27,    
                                       1985.                            
Square D Company.  Oxford, Ohio.....  Dewatered filter press sludge (EPA
                                       Hazardous Waste No. F006)        
                                       generated from electroplating    
                                       operations after August 15, 1986.
Syntex             Springfield, MO..  Kiln ash, cyclone ash, separator  
 Agribusiness.                         sludge, and filtered wastewater  
                                       (except spent activiated carbon) 
                                       (EPA Hazardous Waste No. F020    
                                       generated during the treatment of
                                       wastewater treatment sludge by   
                                       the EPA's Mobile Incineration    
                                       System at the Denney Farm Site in
                                       McDowell, Missouri after June 2, 
                                       1988, so long as:                
                                      (1) The incinerator is monitored  
                                       continuously and is in compliance
                                       with operating permit conditions.
                                       Should the incinerator fail to   
                                       comply with the permit conditions
                                       relevant to the mechanical       
                                       operation of the incinerator,    
                                       Syntex must test the residues    
                                       generated during the run when the
                                       failure occurred according to the
                                       requirements of Conditions (2)   
                                       through (6), regardless of       
                                       whether or not the demonstration 
                                       in Condition (7) has been made.  
                                      (2) Four grab samples of          
                                       wastewater must be composited    
                                       from the volume of filtered      
                                       wastewater collected after each  
                                       eight hour run and, prior to     
                                       disposal the composite samples   
                                       must be analyzed for the EP toxic
                                       metals, nickel, and cyanide. If  
                                       arsenic, chromium, lead, and     
                                       silver EP leachate test results  
                                       exceed 0.61 ppm; barium levels   
                                       exceed 12 ppm; cadmium and       
                                       selenium levels exceed 0.12 ppm; 
                                       mercury levels exceed 0.02 ppm;  
                                       nickel levels exceed 6.1 ppm; or 
                                       cyanide levels exceed 2.4 ppm,   
                                       the wastewater must be retreated 
                                       to achieve these levels or must  
                                       be disposed in accordance with   
                                       all applicable hazardous waste   
                                       regulations. Analyses must be    
                                       performed according to SW-846    
                                       methodologies.                   
                                      (3) One grab sample must be taken 
                                       from each drum of kiln and       
                                       cyclone ash generated during each
                                       eight hour run; all grabs        
                                       collected during a given eight   
                                       hour run must then be composited 
                                       to form one composite sample. A  
                                       composite sample of four grab    
                                       samples of the separator sludge  
                                       must be collected at the end of  
                                       each eight hour run. Prior to the
                                       disposal of the residues from    
                                       each eight hour run, an EP       
                                       leachate test must be performed  
                                       on these composite samples and   
                                       the leachate analyzed for the EP 
                                       toxic metals, nickel, and cyanide
                                       (using a distilled water         
                                       extraction for the cyanide       
                                       extraction) to demonstrate that  
                                       the following maximum allowable  
                                       treatment residue concentrations 
                                       listed below are not exceeded.   
                                       Analyses must be performed       
                                       according to SW-846              
                                       methodologies. Any residues which
                                       exceed any of the levels listed  
                                       below must be retreated to       
                                       achieve these levels or must be  
                                       disposed in accordance with all  
                                       applicable hazardous waste       
                                       regulations.                     
                                      Maximum Allowable Solids Treatment
                                       Residue EP Leachate              
                                       Concentrations (mg/L)            
                                        Arsenic--1.6                    
                                        Barium--32                      
                                        Cadmium--0.32                   
                                        Chromium--1.6                   
                                        Lead--1.6                       
                                        Mercury--0.065                  
                                        Nickel--16                      
                                        Selenium--0.32                  
                                        Silver--1.6                     
                                        Cyanide--6.5                    

[[Page 97]]

                                                                        
                                      (4)--If Syntex stabilizes any of  
                                       the kiln and cyclone ash or      
                                       separator sludge, a Portland     
                                       cement-type stabilization process
                                       must be used and Syntex must     
                                       collect a composite sample of    
                                       four grab samples from each batch
                                       of stabilized waste. An MEP      
                                       leachate test must be performed  
                                       on these composite samples and   
                                       the leachate analyzed for the EP 
                                       toxic metals, nickel, and cyanide
                                       (using a distilled water         
                                       extraction for the cyanide       
                                       leachate analysis) to demonstrate
                                       that the maximum allowable       
                                       treatment residue concentrations 
                                       listed in Condition (3) are not  
                                       exceeded during any run of the   
                                       MEP extraction. Analyses must be 
                                       performed according to SW-846    
                                       methodologies. Any residues which
                                       exceed any of the levels listed  
                                       in Condition (3) must be         
                                       retreated to achieve these levels
                                       or must be disposed in accordance
                                       with all applicable hazardous    
                                       waste regulations. (If the       
                                       residues are stabilized, the     
                                       analyses required in this        
                                       condition supercede the analyses 
                                       required in Condition (3).)      
                                      (5) Syntex must generate, prior to
                                       disposal of residues,            
                                       verification data from each eight
                                       hour run from each treatment     
                                       residue (i.e., kiln and cyclone  
                                       ash, separator sludge, and       
                                       filtered wastewater) to          
                                       demonstrate that the maximum     
                                       allowable treatment residue      
                                       concentrations listed below are  
                                       not exceeded. Samples must be    
                                       collected as specified in        
                                       Conditions (2) and (3). Analyses 
                                       must be performed according to SW-
                                       846 methodologies. Any solid or  
                                       liquid residues which exceed any 
                                       of the levels listed below must  
                                       be retreated to achieve these    
                                       levels or must be disposed in    
                                       accordance with Subtitle C of    
                                       RCRA.                            
                                      Maximum Allowable Wastewater      
                                       Concentrations (ppm):            
                                        Benz(a)anthracene--1 x 10-4     
                                        Benzo(a)pyrene--4 x 10-5        
                                        Benzo(b)fluoranthene--2 x 10-4  
                                        Chloroform--0.07                
                                        Chrysene--0.002                 
                                        Dibenz(a,h)anthracene--9 x 10-6 
                                        1,2-Dichloroethane--0.06        
                                        Dichloromethane--0.06           
                                        Indeno(1,2,3-cd)pyrene--0.002   
                                        Polychlorinated biphenyls--1 x  
                                       10-4                             
                                        1,2,4,5-Tetrachlorobenzene--0.13
                                        2,3,4,6-Tetrachlorophenol--12   
                                        Toluene--120                    
                                        Trichloroethylene--0.04         
                                        2,4,5-Trichlorophenol--49       
                                        2,4,6-Trichlorophenol--0.02     
                                      Maximum Allowable Solid Treatment 
                                       Residue Concentrations (ppm):    
                                        Benz(a)anthracene--1.1          
                                        Benzo(a)pyrene--0.43            
                                        Benzo(b)fluoranthene--1.8       
                                        Chloroform--5.4                 
                                        Chrysene--170                   
                                        Dibenz(a,h)anthracene--0.083    
                                        Dichloromethane--2.4            
                                        1,2-Dichloroethane--4.1         
                                        Indeno(1,2,3-cd)pyrene--330     
                                        Polychlorinated biphenyls--0.31 
                                        1,2,4,5-Tetrachlorobenzene--720 
                                        Trichloroethylene--6.6          
                                        2,4,6-Trichlorophenol--3.9      
                                      (6) Syntex must generate, prior to
                                       disposal of residues,            
                                       verification data from each eight
                                       hour run for each treatment      
                                       residue (i.e., kiln and cyclone  
                                       ash, separator sludge, and       
                                       filtered wastewater) to          
                                       demonstrate that the residues do 
                                       not contain tetra-, penta-, or   
                                       hexachlorodibenzo-p-dioxins or   
                                       furans at levels of regulatory   
                                       concern. Samples must be         
                                       collected as specified in        
                                       Conditions (2) and (3). The TCDD 
                                       equivalent levels for wastewaters
                                       must be less than 2 ppq and less 
                                       than 5 ppt for the solid         
                                       treatment residues. Any residues 
                                       with detected dioxins or furans  
                                       in excess of these levels must be
                                       retreated or must be disposed as 
                                       acutely hazardous. Method 8290, a
                                       high resolution gas              
                                       chromatography and high          
                                       resolution mass spectroscopy     
                                       (HRGC/HRMS) analytical method,   
                                       must be used. For tetra- and     
                                       pentachloronated dioxin and furan
                                       homologs, the maximum practical  
                                       quantitation limit must not      
                                       exceed 15 ppt for solids and 120 
                                       ppq for wastewaters. For         
                                       hexachlorinated homologs, the    
                                       maximum practical quantitation   
                                       limit must not exceed 37 ppt for 
                                       solids and 300 ppq for           
                                       wastewaters.                     
                                      (7)(A) The test data from         
                                       Conditions (1), (2), (3), (4),   
                                       (5) and (6) must be kept on file 
                                       by Syntex for inspection purposes
                                       and must be compiled, summarized,
                                       and submitted to the Section     
                                       Chief, Variances Section, PSPD/  
                                       OSW (WH-563), US EPA, 401 M      
                                       Street, S.W., Washington, DC     
                                       20460 by certified mail on a     
                                       monthly basis and when the       
                                       treatment of the lagoon sludge is
                                       concluded. All data submitted    
                                       will be placed in the RCRA       
                                       docket.                          
                                      (B) The testing requirements for  
                                       Conditions (2), (3), (4), (5),   
                                       and (6) will continue until      
                                       Syntex provides the Section      
                                       Chief, Variances Section, with   
                                       the results of four consecutive  
                                       batch analyses for the petitioned
                                       wastes, none of which exceed the 
                                       maximum allowable treatment      
                                       residue concentrations listed in 
                                       these conditions and the Section 
                                       Chief, Variances Section,        
                                       notifies Syntex that the         
                                       conditions have been lifted.     

[[Page 98]]

                                                                        
                                      (8) Syntex must provide a signed  
                                       copy of the following            
                                       certification statement when     
                                       submitting data in response to   
                                       the conditions listed above:     
                                       ``Under civil and criminal       
                                       penalty of law for the making or 
                                       submission of false or fraudulent
                                       statements or representations, 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)    
                                       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.''                      
SR of Tennessee..  Ripley, TN.......  Dewatered wastewater treatment    
                                       sludges (EPA Hazardous Waste No. 
                                       F006) generated from the copper, 
                                       nickel, and chromium             
                                       electroplating of plastic parts  
                                       after November 17, 1986.         
Tennessee          Ripley, Tennessee  Dewatered wastewater treatment    
 Electroplating.                       sludges (EPA Hazardous Waste Nos.
                                       F006) generated from             
                                       electroplating operations after  
                                       November 17, 1986. To ensure     
                                       chromium levels do not exceed the
                                       regulatory standards there must  
                                       be continuous batch testing of   
                                       the filter press sludge for      
                                       chromium for 45 days after the   
                                       exclusion is granted. Each batch 
                                       of treatment residue must be     
                                       representatively sampled and     
                                       tested using the EP toxicity test
                                       for chromium. This data must be  
                                       kept on file at the facility for 
                                       inspection purposes. If the      
                                       extract levels exceed 0.922 ppm  
                                       of chromium the waste must be    
                                       managed and disposed of as       
                                       hazardous. If these conditions   
                                       are not met, the exclusion does  
                                       not apply. This exclusion does   
                                       not apply to sludges in any on-  
                                       site impoundments as of this     
                                       date.                            
Tennessee          Ripley, TN.......  Wastewater treatment sludge (EPA  
 Electroplating.                       Hazardous Waste No. F006)        
                                       generated from electroplating    
                                       operations and contained in an on-
                                       site surface impoundment (maximum
                                       volume of 6,300 cubic yards).    
                                       This is a one-time exclusion.    
                                       This exclusion was published on  
                                       April 8, 1991.                   
United             Jeffersonville,    Dewatered wastewater treatment    
 Technologies       IN.                sludge (EPA Hazardous Waste No.  
 Automotive, Inc.                      FO19) generated from the chemical
                                       conversion of aluminum after     
                                       April 29, 1986.                  
Universal Oil      Decatur, Alabama.  Wastewater treatment sludges (EPA 
 Products.                             Hazardous Waste No. F006)        
                                       generated from electroplating    
                                       operations and contained in two  
                                       on-site lagoons on August 15,    
                                       1986. This is a one-time         
                                       exclusion.                       
U.S. EPA           Jefferson,         One-time exclusion for scrubber   
 Combustion         Arkansas.          water (EPA Hazardous Waste No.   
 Research                              F020) generated in 1985 from the 
 Facility.                             incineration of Vertac still     
                                       bottoms. This exclusion was      
                                       published on June 28, 1989.      
U.S. Nameplate     Mount Vernon,      Retreated wastewater treatment    
 Company, Inc.      Iowa.              sludges (EPA Hazardous Waste No. 
                                       F006) previously generated from  
                                       electroplating operations and    
                                       currently contained in an on-site
                                       surface impoundment after        
                                       September 28, 1988. This is a one-
                                       time exclusion for the reteated  
                                       wastes only. This exclution does 
                                       not relieve the waste unit from  
                                       regulatory compliance under      
                                       Subtitle C.                      
VAW of America     St. Augustine,     Wastewater treatment sludge filter
 Incorporated.      Florida.           cake (EPA Hazardous Waste No.    
                                       F019) generated from the chemical
                                       conversion coating of aluminum.  
                                       This exclusion was published on  
                                       February 1, 1989.                
Vermont American,  Newark, OH.......  Wastewater treatment sludge (EPA  
 Corp.                                 Hazardous Waste No. F006)        
                                       generated from electroplating    
                                       operations after November 27,    
                                       1985.                            
Waterloo           Pocahontas, AR...  Wastewater treatment sludges (EPA 
 Industries.                           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. 
Watervliet         Watervliet, NY...  Wastewater treatment sludges (EPA 
 Arsenal.                              Hazardous Waste No. F006)        
                                       generated from electroplating    
                                       operations after January 10,     
                                       1986.                            
William L.         Newnan, Georgia..  Dewatered wastewater treatment    
 Bonnell Co.                           sludges (EPA Hazardous Waste No. 
                                       F019) generated from the chemical
                                       conversion coating of aluminum   
                                       after November 14, 1986. This    
                                       exclusion does not include       
                                       sludges contained in Bonnell's on-
                                       site surface impoundments.       
Windsor Plastics,  Evansville, IN...  Spent non-halogenated solvents and
 Inc.                                  still bottoms (EPA Hazardous     
                                       Waste No. F003) generated from   
                                       the recovery of acetone after    
                                       November 17, 1986.               
------------------------------------------------------------------------


             Table 2--Wastes Excluded From Specific Sources             
------------------------------------------------------------------------
     Facility           Address                Waste description        
------------------------------------------------------------------------
American Cyanamid  Hannibal,          Wastewater and sludge (EPA        
                    Missouri.          Hazardous Waste No. K038)        
                                       generated from the washing and   
                                       stripping of phorate production  
                                       and contained in on-site lagoons 
                                       on May 8, 1987, and such         
                                       wastewater and sludge generated  
                                       after May 8, 1987.               

[[Page 99]]

                                                                        
Amoco Oil Co.....  Wood River, IL...  150 million gallons of DAF from   
                                       petroleum refining contained in  
                                       in four surge ponds after        
                                       treatment with the Chemifix      
                                       stabilization process. This waste
                                       contains EPA Hazardous Waste No. 
                                       K048. This exclusion applies to  
                                       the 150 million gallons of waste 
                                       after chemical stabilization as  
                                       long as the mixing ratios of the 
                                       reagent with the waste are       
                                       monitored continuously and do not
                                       vary outside of the limits       
                                       presented in the demonstration   
                                       samples; one grab sample is taken
                                       each hour from each treatment    
                                       unit, composited, and EP toxicity
                                       tests performed on each sample.  
                                       If the levels of lead or total   
                                       chromium exceed 0.5 ppm in the EP
                                       extract, then the waste that was 
                                       processed during the compositing 
                                       period is considered hazardous;  
                                       the treatment residue shall be   
                                       pumped into bermed cells to      
                                       ensure that the waste is         
                                       identifiable in the event that   
                                       removal is necessary.            
Akzo Chemicals     Axis, AL.........  Brine purification muds generated 
 Inc. (formerly                        from their chlor-alkali          
 Stauffer                              manufacturing operations (EPA    
 Chemical                              Hazardous Waste No. K071) and    
 Company).                             disposed of in brine mud pond    
                                       HWTF: 5 EP-201.                  
Bethlehem Steel    Steelton, PA.....  Uncured and cured chemically      
 Corp.                                 stabilized electric arc furnace  
                                       dust/sludge (CSEAFD) treatment   
                                       residue (K061) generated from the
                                       primary production of steel after
                                       May 22, 1989. This exclusion is  
                                       conditioned upon the data        
                                       obtained from Bethlehem's full-  
                                       scale CSEAFD treatment facility  
                                       because Bethlehem's original data
                                       were obtained from a laboratory- 
                                       scale CSEAFD treatment process.  
                                       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, Bethlehem 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:                      
                                      (A) Initial Testing: During the   
                                       first four weeks of operation of 
                                       the full-scale treatment system, 
                                       Bethlehem must collect           
                                       representative grab samples of   
                                       each treated batch of the CSEAFD 
                                       and composite the grab samples   
                                       daily. The daily composites,     
                                       prior to disposal, must be       
                                       analyzed for the EP leachate     
                                       concentrations of all the EP     
                                       toxic metals, nickel and cyanide 
                                       (using distilled water in the    
                                       cyanide extractions), and the    
                                       total constituent concentrations 
                                       of reactive sulfide and reactive 
                                       cyanide. Analyses must be        
                                       performed according to SW-846    
                                       methodologies. Bethlehem must    
                                       report the analytical test data  
                                       obtained during this initial     
                                       period no later than 90 days     
                                       after the treatment of the first 
                                       full-scale batch.                
                                      (B) Subsequent Testing: Bethlehem 
                                       must collect representative grab 
                                       samples from every treated batch 
                                       of CSEAFD generated daily and    
                                       composite all of the grab samples
                                       to produce a weekly composite    
                                       sample. Bethlehem then must      
                                       analyze each weekly composite    
                                       sample for the EP leachate       
                                       concentrations of all the EP     
                                       toxic metals and nickel. Analyses
                                       must be performed according to SW-
                                       846 methodologies. The analytical
                                       data, including all 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 or the     
                                       State of Pennsylvania.           
                                      (2) Delisting Levels: If the EP   
                                       extract concentrations resulting 
                                       from the testing in condition    
                                       (1)(A) or (1)(B) for chromium,   
                                       lead, arsenic, or silver exceed  
                                       0.315 mg/L, for barium exceeds   
                                       6.3 mg/l; for cadmium or selenium
                                       exceed 0.063 mg/l; for mercury   
                                       exceeds 0.0126 mg/l; for nickel  
                                       exceeds 3.15 mg/l; or for cyanide
                                       exceeds 4.42 mg/L, or total      
                                       reactive cyanide or total        
                                       reactive sulfide levels exceed   
                                       250 mg/kg and 500 mg/kg,         
                                       respectively, the waste must     
                                       either be re-treated or managed  
                                       and disposed in accordance with  
                                       subtitle C of RCRA.              
                                      (3) Data submittals: Within one   
                                       week of system start-up,         
                                       Bethlehem must notify the Section
                                       Chief, Variances Section (see    
                                       address below) when their full-  
                                       scale stabilization system is on-
                                       line and waste treatment has     
                                       begun. All data obtained through 
                                       the initial testing condition    
                                       (1)(A), must be submitted to the 
                                       Section Chief, Variances Section,
                                       PSPD/OSW, (OS-343), U.S. EPA, 401
                                       M Street, S.W., Washington, DC   
                                       20460 within the time period     
                                       specified in condition (1)(A). At
                                       the Section Chief's request,     
                                       Bethlehem must submit analytical 
                                       data obtained through condition  
                                       (1)(B) to the above address,     
                                       within the time period specified 
                                       by the Section Chief. Failure to 
                                       submit the required data obtained
                                       from either condition (1)(A) or  
                                       (1)(B) within the specified time 
                                       periods will be considered by the
                                       Agency sufficient basis to revoke
                                       Bethlehem'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. 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.                        

[[Page 100]]

                                                                        
                                      ``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.''                     
Bethlehem Steel    Johnstown, PA....  Uncured and cured chemically      
 Corp.                                 stabilized electric arc furnace  
                                       dust/sludge (CSEAFD) treatment   
                                       residue (K061) generated from the
                                       primary production of steel after
                                       May 22, 1989. This exclusion is  
                                       conditioned upon the data        
                                       obtained from Bethlehem's full-  
                                       scale CSEAFD treatment facility  
                                       because Bethlehem's original data
                                       were obtained from a labortory-  
                                       scale CSEAFD treatment process.  
                                       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, Bethlehem 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:                      
                                      (A) Initial Testing: During the   
                                       first four weeks of operation of 
                                       the full-scale treatment system, 
                                       Bethlehem must collect           
                                       representative grab samples of   
                                       each treated batch of the CSEAFD 
                                       and composite the grab samples   
                                       daily. The daily composites,     
                                       prior to disposal, must be       
                                       analyzed for the EP leachate     
                                       concentrations of all the EP     
                                       toxic metals, nickel and cyanide 
                                       (using distilled water in the    
                                       cyanide extractions), and the    
                                       total constituent concentrations 
                                       of reactive sulfide and reactive 
                                       cyanide. Analyses must be        
                                       performed according to SW-846    
                                       methodologies. Bethlehem must    
                                       report the analytical test data  
                                       obtained during this initial     
                                       period no later than 90 days     
                                       after the treatment of the first 
                                       full-scale batch.                
                                      (B) Subsequent Testing: Bethlehem 
                                       must collect representative grab 
                                       samples from every treated batch 
                                       of CSEAFD generated daily and    
                                       composite all of the grab samples
                                       to produce a weekly composite    
                                       sample. Bethlehem then must      
                                       analyze each weekly composite    
                                       sample for the EP leachate       
                                       concentrations of all the EP     
                                       toxic metals and nickel. Analyses
                                       must be performed according to SW-
                                       846 methodologies. The analytical
                                       data, including all 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 or the     
                                       State of Pennsylvania.           
                                      (2) Delisting Levels: If the EP   
                                       extract concentrations resulting 
                                       from the testing in condition    
                                       (1)(A) or (1)(B) for chromium,   
                                       lead, arsenic, or silver exceed  
                                       0.315 mg/L, for barium exceeds   
                                       6.3 mg/l; for cadmium or selenium
                                       exceed 0.063 mg/l; for mercury   
                                       exceeds 0.0126 mg/l; for nickel  
                                       exceeds 3.15 mg/l; or for cyanide
                                       exceeds 4.42 mg/L, or total      
                                       reactive cyanide or total        
                                       reactive sulfide levels exceed   
                                       250 mg/kg and 500 mg/kg,         
                                       respectively, the waste must     
                                       either be re-treated or managed  
                                       and disposed in accordance with  
                                       subtitle C of RCRA.              
                                      (3) Data submittals: Within one   
                                       week of system start-up,         
                                       Bethlehem must notify the Section
                                       Chief, Variances Section (see    
                                       address below) when their full-  
                                       scale stabilization system is on-
                                       line and waste treatment has     
                                       begun. All data obtained through 
                                       the initial testing 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    
                                       20406 within the time period     
                                       specified in condition (1)(A). At
                                       the Section Chief's request,     
                                       Bethlehem must submit analytical 
                                       data obtained through condition  
                                       (1)(B) to the above address,     
                                       within the time period specified 
                                       by the Section Chief. Failure to 
                                       submit the required data obtained
                                       from either condition (1)(A) or  
                                       (1)(B) within the specified time 
                                       periods will be considered by the
                                       Agency sufficient basis to revoke
                                       Bethlehem'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. 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.''                     

[[Page 101]]

                                                                        
BF Goodrich        Calvert City,      Brine purification muds and       
 Intermediates      Kentucky.          saturator insolubles (EPA        
 Company, Inc.                         Hazardous Waste No. K071) after  
                                       August 18, 1989. This exclusion  
                                       is conditional upon the          
                                       collection and submission of data
                                       obtained from BFG's full-scale   
                                       treatment system because BFG's   
                                       original data was based on data  
                                       presented by another petitioner  
                                       using an identical treatment     
                                       process. 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, BFG must implement a  
                                       testing program. All sampling and
                                       analyses (including quality      
                                       control procedures) must be      
                                       performed according to SW-846    
                                       procedures. This testing program 
                                       must meet the following          
                                       conditions for the exclusion to  
                                       be valid:                        
                                      (1) Initial Testing: During the   
                                       first four weeks of full-scale   
                                       operation, BFG must do the       
                                       following:                       
                                      (A) Collect representative grab   
                                       samples from every batch of the  
                                       treated mercury brine            
                                       purification muds and treated    
                                       saturator insolubles on a daily  
                                       basis and composite the grab     
                                       samples to produce two separate  
                                       daily composite samples (one of  
                                       the treated mercury brine        
                                       purification muds and one of the 
                                       treated saturator insolubles).   
                                       Prior to disposal of the treated 
                                       batches, two daily composite     
                                       samples must be analyzed for EP  
                                       leachate concentration of        
                                       mercury. BFG must report the     
                                       analytical test data, including  
                                       all quality control data, within 
                                       90 days after the treatment of   
                                       the first full-scale batch.      
                                      (B) Collect representative grab   
                                       samples from every batch of the  
                                       treated mercury brine            
                                       purification muds and treated    
                                       saturator insolubles on a daily  
                                       basis and composite the grab     
                                       samples to produce two separate  
                                       weekly composite samples (one of 
                                       the treated mercury brine muds   
                                       and one of the treated saturator 
                                       insolubles). Prior to disposal of
                                       the treated batches, two weekly  
                                       composite samples must be        
                                       analyzed for the EP leachate     
                                       concentrations of all the EP     
                                       toxic metals (except mercury),   
                                       nickel, and cyanide (using       
                                       distilled water in the cyanide   
                                       extractions), and the total      
                                       constituent concentrations of    
                                       reactive sulfide and reactive    
                                       cyanide. BFG must report the     
                                       analytical test data, including  
                                       all quality control data,        
                                       obtained during this initial     
                                       period no later than 90 days     
                                       after the treatment of the first 
                                       full-scale batch.                
                                      (2) Subsequent Testing: After the 
                                       first four weeks of full-scale   
                                       operation, BFG must do the       
                                       following:                       
                                      (A) Continue to sample and test as
                                       described in condition (1)(A).   
                                       BFG must compile and store on-   
                                       site for a minimum of three years
                                       all analytical data and quality  
                                       control data. These data must be 
                                       furnished upon request and made  
                                       available for inspection by any  
                                       employee or representative of EPA
                                       or the State of Kentucky.        
                                      (B) Continue to sample and test as
                                       described in condition (1)(B).   
                                       BFG must compile and store on-   
                                       site for a minimum of three years
                                       all analytical data and quality  
                                       control data. These data must be 
                                       furnished upon request and made  
                                       available for inspection by any  
                                       employee or representative of EPA
                                       or the State of Kentucky. These  
                                       testing requirements shall be    
                                       terminated by EPA when the       
                                       results of four consecutive      
                                       weekly composite samples of both 
                                       the treated mercury brine muds   
                                       and treated saturator insolubles,
                                       obtained from either the initial 
                                       testing or subsequent testing,   
                                       show the maximum allowable levels
                                       in condition (3) are not exceeded
                                       and the Section Chief, Variances 
                                       Section, notifies BFG that the   
                                       requirements of this condition   
                                       have been lifted.                
                                      (3) If, under condition (1) or    
                                       (2), the EP leachate             
                                       concentrations for chromium,     
                                       lead, arsenic, or silver exceed  
                                       0.316 mg/l; for barium exceeds   
                                       6.31 mg/l; for cadmium or        
                                       selenium exceed 0.063 mg/l; for  
                                       mercury exceeds 0.0126 mg/l, for 
                                       nickel exceeds 3.16 mg/l; for    
                                       cyanide exceeds 4.42 mg/l; or for
                                       total reactive cyanide or total  
                                       reactive sulfide levels exceed   
                                       250 mg/kg and 500 mg/kg,         
                                       respectively, the waste must     
                                       either be retreated until it     
                                       meets these levels or managed and
                                       disposed of in accordance with   
                                       subtitle C of RCRA.              
                                      (4) Within one week of system     
                                       start-up, BFG must notify the    
                                       Section Chief, Variances Section 
                                       (see address below) when the full-
                                       scale system is on-line and waste
                                       treatment has begun. All data    
                                       obtained through condition (1)   
                                       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 
                                       in condition (1). At the Section 
                                       Chief's request, BFG must submit 
                                       any other analytical data        
                                       obtained through condition (2) to
                                       the above address, within the    
                                       time period specified by the     
                                       Section Chief. Failure to submit 
                                       the required data will be        
                                       considered by the Agency         
                                       sufficient basis to revoke BFG'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. Sec.       
                                       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.                        

[[Page 102]]

                                                                        
                                      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.''                     
CF&I Steel         Pueblo, Colorado.  Fully-cured chemically stabilized 
 Corporation.                          electric arc furnace dust/sludge 
                                       (CSEAFD) treatment residue (EPA  
                                       Hazardous Waste No. K061)        
                                       generated from the primary       
                                       production of steel after May 9, 
                                       1989. This exclusion is          
                                       conditioned upon the data        
                                       obtained from CF&I's full-scale  
                                       CSEAFD treatment facility because
                                       CF&I's original data was obtained
                                       from a laboratory-scale CSEAFD   
                                       treatment process. 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, CF&I must implement a 
                                       testing program for the          
                                       petitioned waste. This testing   
                                       program must meet the following  
                                       conditions for the exclusion to  
                                       be vaild:                        
                                      (1) Testing:                      
                                      (A) Initial Testing: During the   
                                       first four weeks of operation of 
                                       the full-scale treatment system, 
                                       CF&I must collect representative 
                                       grab samples of each treated     
                                       batch of the CSEAFD and composite
                                       the grab samples daily. The daily
                                       composites, prior to disposal,   
                                       must be analyzed for the EP      
                                       leachate concentrations of all   
                                       the EP toxic metals, nickel, and 
                                       cyanide (using distilled water in
                                       the cyanide extractions), and the
                                       total constituent concentrations 
                                       of reactive sulfide and reactive 
                                       cyanide. Analyses must be        
                                       performed according to SW-846    
                                       methodologies. CF&I must report  
                                       the analytical test data obtained
                                       during this initial period no    
                                       later than 90 days after the     
                                       treatment of the first full-scale
                                       batch.                           
                                      (B) Subsequent Testing: CF&I must 
                                       collect representative grab      
                                       samples from every treated batch 
                                       of CSEAFD generated daily and    
                                       composite all of the grab samples
                                       to produce a weekly composite    
                                       sample. CF&I then must analyze   
                                       each weekly composite sample for 
                                       the EP leachate concentrations of
                                       all of the EP toxic metals and   
                                       nickel. Analyses must be         
                                       performed according to SW-846    
                                       methodologies. The analytical    
                                       data, including all 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 or the     
                                       State of Colorado.               
                                      (2) Delisting levels: If the EP   
                                       extract concentrations determined
                                       in conditions (1)(A) or (1)(B)   
                                       for chromium, lead, arsenic, or  
                                       silver exceed 0.315 mg/1; for    
                                       barium exceeds 6.3 mg/1; for     
                                       cadmium or selenium exceed 0.063 
                                       mg/1; for mercury exceeds 0.0126 
                                       mg/1; for nickel exceeds 3.15 mg/
                                       1; or for cyanide exceeds 4.42 mg/
                                       1, or total reactive cyanide or  
                                       total reactive sulfide levels    
                                       exceed 250 mg/kg and 500 mg/kg,  
                                       respectively, the waste must     
                                       either be re-treated or managed  
                                       and disposed in accordance with  
                                       Subtitle C of RCRA.              
                                      (3) Data submittals: Within one   
                                       week of system start-up, CF&I    
                                       must notify the Section Chief,   
                                       Variances Section (see address   
                                       below) when their full-scale     
                                       stabilization system is on-line  
                                       and waste treatment has begun.   
                                       All data obtained through the    
                                       initial testing 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 
                                       in condition (1)(A). At the      
                                       Section Chief's request, CF&I    
                                       must submit analytical data      
                                       obtained through condition (1)(B)
                                       to the above address, within the 
                                       time period specified by the     
                                       Section Chief. Failure to submit 
                                       the required data obtained from  
                                       either condition (1)(A) or (1)(B)
                                       within the specified time periods
                                       will be considered by the Agency 
                                       sufficient basis to revoke CF&I'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 of 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. 
                                       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.''
Conversion         Horsham,           Chemically Stabilized Electric Arc
 Systems, Inc.      Pennsylvania.      Furnace Dust (CSEAFD) that is    
                                       generated by Conversion Systems, 
                                       Inc. (CSI) (using the Super      
                                       DetoxTM treatment process as     
                                       modified by CSI to treat EAFD    
                                       (EPA Hazardous Waste No. K061))  
                                       at the following sites and that  
                                       is disposed of in Subtitle D     
                                       landfills:                       
                                      Northwestern Steel, Sterling,     
                                       Illinois after June 13, 1995.    
                                      CSI must implement a testing      
                                       program for each site that meets 
                                       the following conditions for the 
                                       exclusion to be valid:           
                                      (1) Verification Testing          
                                       Requirements: Sample collection  
                                       and analyses, including quality  
                                       control procedures, must be      
                                       performed according to SW-846    
                                       methodologies.                   

[[Page 103]]

                                                                        
                                      (A) Initial Verification Testing: 
                                       During the first 20 operating    
                                       days of full-scale operation of a
                                       newly constructed Super DetoxTM  
                                       treatment facility, CSI must     
                                       analyze a minimum of four (4)    
                                       composite samples of CSEAFD      
                                       representative of the full 20-day
                                       period. Composites must be       
                                       comprised of representative      
                                       samples collected from every     
                                       batch generated. The CSEAFD      
                                       samples must be analyzed for the 
                                       constituents listed in Condition 
                                       (3). CSI must report the         
                                       operational and analytical test  
                                       data, including quality control  
                                       information, obtained during this
                                       initial period no later than 60  
                                       days after the generation of the 
                                       first batch of CSEAFD.           
                                      (B) Addition of New Super DetoxTM 
                                       Treatment Facilities to          
                                       Exclusion: If the Agency's review
                                       of the data obtained during      
                                       initial verification testing     
                                       indicates that the CSEAFD        
                                       generated by a specific Super    
                                       DetoxTM treatment facility       
                                       consistently meets the delisting 
                                       levels specified in Condition    
                                       (3), the Agency will publish a   
                                       notice adding to this exclusion  
                                       the location of the new Super    
                                       DetoxTM treatment facility and   
                                       the name of the steel mill       
                                       contracting CSI's services. If   
                                       the Agency's review of the data  
                                       obtained during initial          
                                       verification testing indicates   
                                       that the CSEAFD generated by a   
                                       specific Super DetoxTM treatment 
                                       facility fails to consistently   
                                       meet the conditions of the       
                                       exclusion, the Agency will not   
                                       publish the notice adding the new
                                       facility.                        
                                      (C) Subsequent Verification       
                                       Testing: For the Sterling,       
                                       Illinois facility and any new    
                                       facility subsequently added to   
                                       CSI's conditional multiple-site  
                                       exclusion, CSI must collect and  
                                       analyze at least one composite   
                                       sample of CSEAFD each month. The 
                                       composite samples must be        
                                       composed of representative       
                                       samples collected from all       
                                       batches treated in each month.   
                                       These monthly representative     
                                       samples must be analyzed, prior  
                                       to the disposal of the CSEAFD,   
                                       for the constituents listed in   
                                       Condition (3). CSI may, at its   
                                       discretion, analyze composite    
                                       samples gathered more frequently 
                                       to demonstrate that smaller      
                                       batches of waste are             
                                       nonhazardous.                    
                                      (2) Waste Holding and Handling:   
                                       CSI must store as hazardous all  
                                       CSEAFD generated until           
                                       verification testing as specified
                                       in Conditions (1)(A) and (1)(C), 
                                       as appropriate, is completed and 
                                       valid analyses demonstrate that  
                                       Condition (3) is satisfied. If   
                                       the levels of constituents       
                                       measured in the samples of CSEAFD
                                       do not exceed the levels set     
                                       forth in Condition (3), then the 
                                       CSEAFD is non-hazardous and may  
                                       be disposed of in Subtitle D     
                                       landfills. If constituent levels 
                                       in a sample exceed any of the    
                                       delisting levels set in Condition
                                       (3), the CSEAFD generated during 
                                       the time period corresponding to 
                                       this sample must be retreated    
                                       until it meets these levels, or  
                                       managed and disposed of in       
                                       accordance with Subtitle C of    
                                       RCRA. CSEAFD generated by a new  
                                       CSI treatment facility must be   
                                       managed as a hazardous waste     
                                       prior to the addition of the name
                                       and location of the facility to  
                                       the exclusion. After addition of 
                                       the new facility to the          
                                       exclusion, CSEAFD generated      
                                       during the verification testing  
                                       in Condition (1)(A) is also non- 
                                       hazardous, if the delisting      
                                       levels in Condition (3) are      
                                       satisfied.                       
                                      (3) Delisting Levels: All         
                                       leachable concentrations for     
                                       those metals must not exceed the 
                                       following levels (ppm): Antimony--
                                       0.06; arsenic--0.50; barium--7.6;
                                       beryllium--0.010; cadmium--0.050;
                                       chromium--0.33; lead--0.15;      
                                       mercury--0.009; nickel--1;       
                                       selenium--0.16; silver--0.30;    
                                       thallium--0.020; vanadium--2; and
                                       zinc--70. Metal concentrations   
                                       must be measured in the waste    
                                       leachate by the method specified 
                                       in 40 CFR 261.24.                
                                      (4) Changes in Operating          
                                       Conditions: After initiating     
                                       subsequent testing as described  
                                       in Condition (1)(C), if CSI      
                                       significantly changes the        
                                       stabilization process established
                                       under Condition (1) (e.g., use of
                                       new stabilization reagents), CSI 
                                       must notify the Agency in        
                                       writing. After written approval  
                                       by EPA, CSI may handle CSEAFD    
                                       wastes generated from the new    
                                       process as non-hazardous, if the 
                                       wastes meet the delisting levels 
                                       set in Condition (3).            
                                      (5) Data Submittals: At least one 
                                       month prior to operation of a new
                                       Super DetoxTM treatment facility,
                                       CSI must notify, in writing, the 
                                       Chief of the Waste Identification
                                       Branch (see address below) when  
                                       the Super DetoxTM treatment      
                                       facility is scheduled to be on-  
                                       line. The data obtained through  
                                       Condition (1)(A) must be         
                                       submitted to the Branch Chief of 
                                       the Waste Identification Branch, 
                                       OSW (Mail Code 5304), U.S. EPA,  
                                       401 M Street, SW, Washington, DC 
                                       20460 within the time period     
                                       specified. Records of operating  
                                       conditions and analytical data   
                                       from Condition (1) must be       
                                       compiled, summarized, and        
                                       maintained on site for a minimum 
                                       of five years. These records and 
                                       data must be furnished upon      
                                       request by EPA, or the State in  
                                       which the CSI facility is        
                                       located, and made available for  
                                       inspection. Failure to submit the
                                       required data within the         
                                       specified time period or maintain
                                       the required records on site for 
                                       the specified time will be       
                                       considered by EPA, at its        
                                       discretion, sufficient basis to  
                                       revoke the exclusion to the      
                                       extent directed by EPA. All data 
                                       must be accompanied by 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. 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.                        

[[Page 104]]

                                                                        
                                      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     
                                       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.                       
DOE-RL...........  Richland,          Effluents (EPA Hazardous Waste    
                    Washington.        Nos. F001, F002, F003, F004,     
                                       F005, and F039 derived from F001 
                                       through F005) generated from the 
                                       200 Area Effluent Treatment      
                                       Facility (ETF) located at the    
                                       Hanford site (at a maximum       
                                       generation rate of 19 million    
                                       gallons per year) after June 13, 
                                       1995. To ensure that hazardous   
                                       constituents are not present in  
                                       the wastes at levels of          
                                       regulatory concern while the     
                                       treatment facility is in         
                                       operation, DOE must implement a  
                                       testing program. 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) must be 
                                       performed according to SW-846 (or
                                       other EPA-approved)              
                                       methodologies. If EPA judges the 
                                       treatment process to be effective
                                       under the operating conditions   
                                       used during the initial          
                                       verification testing, DOE may    
                                       replace the testing required in  
                                       Condition (1)(A) with the testing
                                       required in Condition (1)(B). DOE
                                       must continue to test as         
                                       specified in Condition (1)(A)    
                                       until notified by EPA in writing 
                                       that testing in Condition (1) (A)
                                       may be replaced by Condition     
                                       (1)(B).                          
                                      (A) Initial Verification Testing: 
                                       During the period required to    
                                       fill the first three verification
                                       tanks (each designed to hold     
                                       approximately 650,000 gallons)   
                                       with effluents generated from an 
                                       on-line, full-scale Effluent     
                                       Treatment Facility (ETF), DOE    
                                       must monitor the range of typical
                                       operating conditions for the ETF.
                                       DOE must collect a representative
                                       sample from each of the first    
                                       three verification tanks filled  
                                       with ETF effluents. The samples  
                                       must be analyzed, prior to       
                                       disposal of ETF effluents, for   
                                       all constituents listed in       
                                       Condition (3). DOE must report   
                                       the operational and analytical   
                                       test data, including quality     
                                       control information, obtained    
                                       during this initial period no    
                                       later than 90 days after the     
                                       first verification tank is filled
                                       with ETF effluents.              
                                      (B) Subsequent Verification       
                                       Testing: Following notification  
                                       by EPA, DOE may substitute the   
                                       testing conditions in this       
                                       condition for (1)(A). DOE must   
                                       continue to monitor operating    
                                       conditions, and collect and      
                                       analyze representative samples   
                                       from every tenth verification    
                                       tank filled with ETF effluents.  
                                       These representative samples must
                                       be analyzed, prior to disposal of
                                       ETF effluents, for all           
                                       constituents listed in Condition 
                                       (3). If all constituent levels in
                                       a sample do not meet the         
                                       delisting levels specified in    
                                       Condition (3), DOE must analyze  
                                       representative samples from the  
                                       following two verification tanks 
                                       generated prior to disposal. DOE 
                                       may also collect and analyze     
                                       representative samples more      
                                       frequently.                      
                                      (2) Waste Holding and Handling:   
                                       DOE must store as hazardous all  
                                       ETF effluents generated during   
                                       verification testing (as         
                                       specified in Conditions (1)(A)   
                                       and (1)(B)), that is until valid 
                                       analyses demonstrate that        
                                       Condition (3) is satisfied. If   
                                       the levels of hazardous          
                                       constituents in the samples of   
                                       ETF effluents are equal to or    
                                       below all of the levels set forth
                                       in Condition (3), then the ETF   
                                       effluents are not hazardous and  
                                       may be managed and disposed of in
                                       accordance with all applicable   
                                       solid waste regulations. If      
                                       hazardous constituent levels in  
                                       any representative sample        
                                       collected from a verification    
                                       tank exceed any of the delisting 
                                       levels set in Condition (3), the 
                                       ETF effluents in that            
                                       verification tank must be re-    
                                       treated until the ETF effluents  
                                       meet these levels. Following re- 
                                       treatment, DOE must repeat       
                                       analyses in Condition (3) prior  
                                       to disposal.                     
                                      (3) Delisting Levels: All total   
                                       constituent concentrations in the
                                       waste samples must be measured   
                                       using the appropriate methods    
                                       specified in ``Test Methods for  
                                       Evaluating Solid Wastes: Physical/
                                       Chemical Methods,'' U.S. EPA     
                                       Publication SW-846 (or other EPA-
                                       approved methods). All total     
                                       constituent concentrations must  
                                       be equal to or less than the     
                                       following levels (ppm):          
                                                                        
                                      Inorganic Constituents            
                                                                        
                                      Ammonium--10.0                    
                                      Antimony--0.06                    
                                      Arsenic--0.5                      
                                      Barium--20.0                      
                                      Beryllium--0.04                   
                                      Cadmium--0.05                     
                                      Chromium--1.0                     
                                      Cyanide--2.0                      
                                      Fluoride--40.0                    
                                      Lead--0.15                        
                                      Mercury--0.02                     
                                      Nickel--1.0                       
                                      Selenium--0.5                     
                                      Silver--2.0                       
                                      Vanadium--2.0                     
                                      Zinc--100.0                       
                                                                        
                                      Organic Constituents              
                                                                        
                                      Acetone--40.0                     

[[Page 105]]

                                                                        
                                      Benzene--0.05                     
                                      Benzyl alcohol--100.0             
                                      1-Butyl alcohol--40.0             
                                      Carbon tetrachloride--0.05        
                                      Chlorobenzene--1.0                
                                      Chloroform--0.1                   
                                      Cresol--20.0                      
                                      1,4-Dichlorobenzene--0.75         
                                      1,2-Dichloroethane--0.05          
                                      1,1-Dichloroethylene--0.07        
                                      Di-n-octyl phthalate--7.0         
                                      Hexachloroethane--0.06            
                                      Methyl ethyl ketone--200.0        
                                      Methyl isobutyl ketone--30.0      
                                      Naphthalene--10.0                 
                                      Tetrachloroethylene--0.05         
                                      Toluene--10.0                     
                                      Tributyl phosphate--0.2           
                                      1,1,1-Trichloroethane--2.0        
                                      1,1,2-Trichloroethane--0.05       
                                      Trichloroethylene--0.05           
                                      Vinyl Chloride--0.02              
                                      (4) Changes in Operating          
                                       Conditions: After completing the 
                                       initial verification testing in  
                                       Condition (1)(A), if DOE         
                                       significantly changes the        
                                       operating conditions established 
                                       in Condition (1), DOE must notify
                                       the Agency in writing. After     
                                       written approval by EPA, DOE must
                                       re-institute the testing required
                                       in Condition (1)(A). DOE must    
                                       report the operations and test   
                                       data, required by Condition      
                                       (1)(A), including quality control
                                       data, obtained during this period
                                       no later than 60 days after the  
                                       changes take place. Following    
                                       written notification by EPA, DOE 
                                       may replace testing Condition    
                                       (1)(A) with (1)(B). DOE must     
                                       fulfill all other requirements in
                                       Condition (1), as appropriate.   
                                      (5) Data Submittals: At least two 
                                       weeks prior to system start-up,  
                                       DOE must notify, in writing, the 
                                       Chief of the Waste Identification
                                       Branch (see address below) when  
                                       the Effluent Treatment Process   
                                       will be on-line and waste        
                                       treatment will begin. The data   
                                       obtained through Condition (1)(A)
                                       must be submitted to the Branch  
                                       Chief, Waste Identification      
                                       Branch, OSW (Mail Code 5304),    
                                       U.S. EPA, 401 M Street, S.W.,    
                                       Washington, DC 20460 within the  
                                       time period specified. Records of
                                       operating conditions and         
                                       analytical data from Condition   
                                       (1) must be compiled, summarized,
                                       and maintained on site for a     
                                       minimum of three years. These    
                                       records and data must be         
                                       furnished upon request by EPA or 
                                       the State of Washington and made 
                                       available for inspection. Failure
                                       to submit the required data      
                                       within the specified time period 
                                       or to maintain the required      
                                       records on site for the specified
                                       time will be considered by EPA,  
                                       at its discretion, sufficient    
                                       basis to revoke the exclusion to 
                                       the extent directed by EPA. All  
                                       data must be accompanied by 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 USC 1001 and 42   
                                       USC 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 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 DOE, 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 DOE will be liable  
                                       for any actions taken in         
                                       contravention of its RCRA and    
                                       CERCLA obligations premised upon 
                                       DOE's reliance on the void       
                                       exclusion.                       

[[Page 106]]

                                                                        
Envirite           Canton, Ohio;      Spent pickle liquor (EPA Hazardous
 Corporation.       Harvey,            Waste No. K062) generated from   
                    Illinois; and      steel finishing operations of    
                    York PA.           facilities within the iron and   
                                       steel industry (SIC Codes 331 and
                                       332); wastewater treatment sludge
                                       (EPA Hazardous Waste No. K002)   
                                       generated from the production of 
                                       chrome yellow and orange         
                                       pigments; wastewater treatment   
                                       sludge (EPA Hazardous Waste No.  
                                       K003) generated from the         
                                       production of molybdate orange   
                                       pigments; wastewater treatment   
                                       sludge (EPA Hazardous Waste No.  
                                       K004) generated from the         
                                       production of zinc yellow        
                                       pigments; wastewater treatment   
                                       sludge (EPA Hazardous Waste No.  
                                       K005) generated from the         
                                       production of chrome green       
                                       pigments; wastewater treatment   
                                       sludge (EPA Hazardous Waste No.  
                                       K006) generated from the         
                                       production of chrome oxide green 
                                       pigments (anhydrous and          
                                       hydrated); wastewater treatment  
                                       sludge (EPA Hazardous Waste No.  
                                       K007) generated from the         
                                       production of iron blue pigments;
                                       oven residues (EPA Hazardous     
                                       Waste No. K008) generated from   
                                       the production of chrome oxide   
                                       green pigments after November 14,
                                       1986. To ensure that hazardous   
                                       constituents are not present in  
                                       the waste at levels of regulatory
                                       concern, the facility must       
                                       implement a contingency testing  
                                       program for the petitioned       
                                       wastes. This testing program must
                                       meet the following conditions for
                                       the exclusions to be valid:      
                                      (1) Each batch of treatment       
                                       residue must be representatively 
                                       sampled and tested using the EP  
                                       Toxicity test for arsenic,       
                                       barium, cadmium, chromium, lead, 
                                       selenium, silver, mercury, and   
                                       nickel. If the extract           
                                       concentrations for chromium,     
                                       lead, arsenic, and silver exceed 
                                       0.315 ppm; barium levels exceed  
                                       6.3 ppm; cadmium and selenium    
                                       exceed 0.063 ppm; mercury exceeds
                                       0.0126 ppm; or nickel levels     
                                       exceed 2.205 ppm, the waste must 
                                       be re-treated or managed and     
                                       disposed as a hazardous waste    
                                       under 40 CFR Parts 262 to 265 and
                                       the permitting standards of 40   
                                       CFR Part 270.                    
                                      (2) Each batch of treatment       
                                       residue must be tested for       
                                       reactive and leachable cyanide.  
                                       If the reactive cyanide levels   
                                       exceed 250 ppm; or leachable     
                                       cyanide levels (using the EP     
                                       Toxicity test without acetic acid
                                       adjustment) exceed 1.26 ppm, the 
                                       waste must be re-treated or      
                                       managed and disposed as hazardous
                                       waste under 40 CFR Parts 262 to  
                                       265 and the permitting standards 
                                       of 40 CFR 270.                   
                                      (3) Each batch of waste must be   
                                       tested for the total content of  
                                       specific organic toxicants. If   
                                       the total content of anthracene  
                                       exceeds 76.8 ppm, 1,2-diphenyl   
                                       hydrazine exceeds 0.001 ppm,     
                                       methylene chloride exceeds 8.18  
                                       ppm, methyl ethyl ketone exceeds 
                                       326 ppm, n-nitrosodiphenylamine  
                                       exceeds 11.9 ppm, phenol exceeds 
                                       1,566 ppm, tetrachloroethylene   
                                       exceeds 0.188 ppm, or            
                                       trichloroethylene exceeds 0.592  
                                       ppm, the waste must be managed   
                                       and disposed as a hazardous waste
                                       under 40 CFR Parts 262 to 265 and
                                       the permitting standards of 40   
                                       CFR Part 270.                    
                                      (4) A grab sample must be         
                                       collected from each batch to form
                                       one monthly composite sample     
                                       which must be tested using GC/MS 
                                       analysis for the compounds listed
                                       in #3 above as well as the       
                                       remaining organics on the        
                                       priority pollutan list. (See 47  
                                       FR 52309, November 19, 1982, for 
                                       a list of the priority           
                                       pollutants.)                     
                                      (5) The data from conditions 1-4  
                                       must be kept on file at the      
                                       facility for inspection purposes 
                                       and must be compiled, summarized,
                                       and submitted to the             
                                       Administrator by certified mail  
                                       semi-annually. The Agency will   
                                       review this information and if   
                                       needed will propose to modify or 
                                       withdraw the exclusion. The      
                                       organics testing described in    
                                       conditions 3 and 4 above is not  
                                       required until six months from   
                                       the date of promulgation. The    
                                       Agency's decision to             
                                       conditionally exclude the        
                                       treatment residue generated from 
                                       the wastewater treatment systems 
                                       at these facilities applies only 
                                       to the wastewater and solids     
                                       treatment systems as they        
                                       presently exist as described in  
                                       the delisting petition. The      
                                       exclusion does not apply to the  
                                       proposed process additions       
                                       described in the petition as     
                                       recovery, including              
                                       crystalization, electrolytic     
                                       metals recovery, evaporative     
                                       recovery, and ion exchange.      
LCP Chemical.....  Orrington, ME....  Brine purification muds and       
                                       wastewater treatment sludges     
                                       generated after August 27, 1985  
                                       from their chlor-alkali          
                                       manufacturing operations (EPA    
                                       Hazardous Waste Nos. K071 and    
                                       K106) that have been batch tested
                                       for mercury using the EP toxicity
                                       procedures and have been found to
                                       contain less than 0.05 ppm       
                                       mercury in the EP extract. Brine 
                                       purification muds and wastewater 
                                       treatment sludges that exceed    
                                       this level will be considered a  
                                       hazardous waste.                 
Marathon Oil Co..  Texas City, Texas  Residual solids (at a maximum     
                                       annual generation rate of 1,000  
                                       cubic yards) generated from the  
                                       thermal desorption treatment and,
                                       where necessary, stabilization of
                                       wastewater treatment plant API/  
                                       DAF filter cake (EPA Hazardous   
                                       Waste Nos. K048 and K051), after 
                                       [insert date of publication].    
                                       Marathon must implement a testing
                                       program that meets the following 
                                       conditions for the exclusion to  
                                       be valid:                        
                                      (1) Testing: Sample collection and
                                       analyses (including quality      
                                       control (QC) procedures) must be 
                                       performed according to SW-846    
                                       methodologies. If EPA judges the 
                                       treatment process to be effective
                                       under the operating conditions   
                                       used during the initial          
                                       verification testing, Marathon   
                                       may replace the testing required 
                                       in Condition (1)(A) with the     
                                       testing required in Condition    
                                       (1)(B). Marathon must continue to
                                       test as specified in Condition   
                                       (1)(A), including testing for    
                                       organics in Conditions (3)(B) and
                                       (3)(C), until and unless notified
                                       by EPA in writing that testing in
                                       Condition (1)(A) may be replaced 
                                       by Condition (1)(B), or that     
                                       testing for organics may be      
                                       terminated as described in (1)(C)
                                       (to the extent directed by EPA). 

[[Page 107]]

                                                                        
                                      (A) Initial Verification Testing: 
                                       During at least the first 40     
                                       operating days of full-scale     
                                       operation of the thermal         
                                       desorption unit, Marathon must   
                                       monitor the operating conditions 
                                       and analyze 5-day composites of  
                                       residual solids. 5-day composites
                                       must be composed of              
                                       representative grab samples      
                                       collected from every batch during
                                       each 5-day period of operation.  
                                       The samples must be analyzed     
                                       prior to disposal of the residual
                                       solids for constituents listed in
                                       Condition (3). Marathon must     
                                       report the operational and       
                                       analytical test data, including  
                                       quality control information,     
                                       obtained during this initial     
                                       period no later than 90 days     
                                       after the treatment of the first 
                                       full-scale batch.                
                                      (B) Subsequent Verification       
                                       Testing: Following notification  
                                       by EPA, Marathon may substitute  
                                       the testing conditions in (1)(B) 
                                       for (1)(A). Marathon must        
                                       continue to monitor operating    
                                       conditions, and analyze samples  
                                       representative of each month of  
                                       operation. The samples must be   
                                       composed of representative grab  
                                       samples collected during at least
                                       the first five days of operation 
                                       of each month. These monthly     
                                       representative samples must be   
                                       analyzed for the constituents    
                                       listed in Condition (3) prior to 
                                       the disposal of the residual     
                                       solids. Marathon may, at its     
                                       discretion, analyze composite    
                                       samples gathered more frequently 
                                       to demonstrate that smaller      
                                       batches of waste are             
                                       nonhazardous.                    
                                      (C) Termination of Organic        
                                       Testing: Marathon must continue  
                                       testing as required under        
                                       Condition (1)(B) for organic     
                                       constituents specified in        
                                       Conditions (3)(B) and (3)(C)     
                                       until the analyses submitted     
                                       under Condition (1)(B) show a    
                                       minimum of four consecutive      
                                       monthly representative samples   
                                       with levels of specific          
                                       constituents significantly below 
                                       the delisting levels in          
                                       Conditions (3)(B) and (3)(C), and
                                       EPA notifies Marathon in writing 
                                       that monthly testing for specific
                                       organic constituents may be      
                                       terminated. Following termination
                                       of monthly testing, Marathon must
                                       continue to test a representative
                                       5-day composite sample for all   
                                       constituents listed in Conditions
                                       (3)(B) and (3)(C) on an annual   
                                       basis. If delisting levels for   
                                       any constituents listed in       
                                       Conditions (3)(B) and (3)(C) are 
                                       exceeded in the annual sample,   
                                       Marathon must reinstitute        
                                       complete testing as required in  
                                       Condition (1)(B).                
                                      (2) Waste Holding and Handling:   
                                       Marathon must store as hazardous 
                                       all residual solids generated    
                                       until verification testing (as   
                                       specified in Conditions (1)(A)   
                                       and (1)(B)) is completed and     
                                       valid analysis demonstrates that 
                                       Condition (3) is satisfied. If   
                                       the levels of hazardous          
                                       constituents in the samples of   
                                       residual solids are below all of 
                                       the levels set forth in Condition
                                       (3), then the residual solids are
                                       non-hazardous and may be managed 
                                       and disposed of in accordance    
                                       with all applicable solid waste  
                                       regulations. If hazardous        
                                       constituent levels in any 5-day  
                                       composite or other representative
                                       sample equal or exceed any of the
                                       delisting levels set in Condition
                                       (3), the residual solids         
                                       generated during the             
                                       corresponding time period must be
                                       retreated and/or stabilized as   
                                       allowed below, until the residual
                                       solids meet these levels, or     
                                       managed and disposed of in       
                                       accordance with Subtitle C of    
                                       RCRA.                            
                                      If the residual solids contain    
                                       leachable inorganic              
                                       concentrations at or above the   
                                       delisting levels set forth in    
                                       Condition (3)(A), then Marathon  
                                       may stabilize the material with  
                                       Type 1 portland cement as        
                                       demonstrated in the petition to  
                                       immobilize the metals. Following 
                                       stabilization, Marathon must     
                                       repeat analyses in Condition     
                                       (3)(A) prior to disposal.        
                                      (3) Delisting Levels: Leachable   
                                       concentrations in Conditions     
                                       (3)(A) and (3)(B) must be        
                                       measured in the waste leachate by
                                       the method specified in 40 CFR   
                                       261.24. The indicator parameters 
                                       in Condition (3)(C) must be      
                                       measured as the total            
                                       concentration in the waste.      
                                       Concentrations must be less than 
                                       the following levels (ppm):      
                                      (A) Inorganic Constituents:       
                                       antimony-0.6; arsenic, chromium, 
                                       or silver-5.0; barium-100.0;     
                                       beryllium-0.4; cadmium-0.5; lead-
                                       1.5; mercury-0.2; nickel-10.0;   
                                       selenium-1.0; vanadium-20.0.     
                                      (B) Organic Constituents:         
                                       acenaphthene-200; benzene-0.5;   
                                       benzo(a)anthracene-0.01;         
                                       benzo(a)pyrene-0.02;             
                                       benzo(b)fluoranthene-0.02;       
                                       chrysene-0.02; ethyl benzene-70; 
                                       fluoranthene-100; fluorene-100;  
                                       naphthalene-100; pyrene-100;     
                                       toluene-100.                     
                                      (C) Indicator Parameters: 1-methyl
                                       naphthalene-3; benzo(a)pyrene-3. 
                                      (4) Changes in Operating          
                                       Conditions: After completing the 
                                       initial verification test period 
                                       in Condition (1)(A), if Marathon 
                                       significantly changes the        
                                       operating conditions established 
                                       under Condition (1), Marathon    
                                       must notify the Agency in        
                                       writing. After written approval  
                                       by EPA, Marathon must re-        
                                       institute the testing required in
                                       Condition (1)(A) for a minimum of
                                       four 5-day operating periods.    
                                       Marathon must report the         
                                       operations and test data,        
                                       required by Condition (1)(A),    
                                       including quality control data,  
                                       obtained during this period no   
                                       later than 60 days after the     
                                       changes take place. Following    
                                       written notification by EPA,     
                                       Marathon may replace testing     
                                       Condition (1)(A) with (1)(B).    
                                       Marathon must fulfill all other  
                                       requirements in Condition (1), as
                                       appropriate.                     

[[Page 108]]

                                                                        
                                      (5) Data Submittals: At least two 
                                       weeks prior to system start-up,  
                                       Marathon must notify in writing  
                                       the Section Chief Delisting      
                                       Section (see address below) when 
                                       the thermal desorption and       
                                       stabilization units will be on-  
                                       line and waste treatment will    
                                       begin. The data obtained through 
                                       Condition (1)(A) must be         
                                       submitted to the Section Chief,  
                                       Delisting Section, OSW (OS-333), 
                                       U.S. EPA, 401 M Street, SW.,     
                                       Washington, DC 20460 within the  
                                       time period specified. Records of
                                       operating conditions and         
                                       analytical data from Condition   
                                       (1) must be compiled, summarized,
                                       and maintained on site for a     
                                       minimum of five years. These     
                                       records and data must be         
                                       furnished upon request by EPA or 
                                       the State of Texas and made      
                                       available for inspection. Failure
                                       to submit the required data      
                                       within the specified time period 
                                       or maintain the required records 
                                       on site for the specified time   
                                       will be considered by EPA, at its
                                       discretion, sufficient basis to  
                                       revoke the exclusion to the      
                                       extent directed by EPA. All data 
                                       must be accompanied by 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. 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      
                                       sections(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     
                                       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.''                     
Mearl Corp.......  Peekskill, NY....  Wastewater treatment sludge (EPA  
                                       Hazardous Waste Nos. K006 and    
                                       K007) generated from the         
                                       production of chrome oxide green 
                                       and iron blue pigments after     
                                       November 27, 1985.               
Monsanto           Sauget, Illinois.  Brine purification muds (EPA      
 Industrial                            Hazardous Waste No. K071)        
 Chemicals                             generated from the mercury cell  
 Company.                              process in chlorine production,  
                                       where separately prepurified     
                                       brine is not used after August   
                                       15, 1986.                        
Occidental         Sheffield,         Retorted wastewater treatment     
 Chemical Corp.     Alabama.           sludge from the mercury cell     
 Muscle Shoals                         process in chlorine production   
 Plant.                                (EPA Hazardous Waste No. K106)   
                                       after September 19, 1989. This   
                                       exclusion is conditional upon the
                                       submission of data obtained from 
                                       Occidental's full-scale retort   
                                       treatment system because         
                                       Occidental's original data were  
                                       based on a pilot-scale retort    
                                       system. 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, Occidental must       
                                       implement a testing program. All 
                                       sampling and analyses (including 
                                       quality control procedures) must 
                                       be performed according to SW-846 
                                       procedures. This testing program 
                                       must meet the following          
                                       conditions for the exclusion to  
                                       be valid:                        
                                                                        
                                      (1) Initial Testing--During the   
                                       first four weeks of full-scale   
                                       retort operation, Occidental must
                                       do the following:                
                                      (A) Collect representative grab   
                                       samples from every batch of      
                                       retorted material and composite  
                                       the grab samples to produce a    
                                       weekly composite sample. The     
                                       weekly composite samples, prior  
                                       to disposal or recycling, must be
                                       analyzed for the EP leachate     
                                       concentrations of all the EP     
                                       toxic metals (except mercury),   
                                       nickel, and cyanide (using       
                                       distilled water in the cyanide   
                                       extractions), and the total      
                                       constitutent concentrations of   
                                       reactive sulfide and reactive    
                                       cyanide. Occidental must report  
                                       the analytical test data,        
                                       including all quality control    
                                       data, obtained during this       
                                       initial period no later than 90  
                                       days after the treatment of the  
                                       first full-scale batch.          
                                      (B) Collect representative grab   
                                       samples of every batch of        
                                       retorted material prior to its   
                                       disposal or recycling and analyze
                                       the sample for EP leachate       
                                       concentration of mercury.        
                                       Occidental must report the       
                                       analytical test data, including  
                                       all quality control data, within 
                                       90 days after the treatment of   
                                       the first full-scale batch.      
                                                                        
                                      (2) Subsequent Testing--After the 
                                       first four weeks of full-scale   
                                       retort operation, Occidental must
                                       do the following:                
                                      (A) Continue to sample and test as
                                       described in condition (1)(A).   
                                       Occidental must compile and store
                                       on-site for a minimum of three   
                                       years all analytical data and    
                                       quality control data. These data 
                                       must be furnished upon request   
                                       and made available for inspection
                                       by any employee or representative
                                       of EPA or the State of Alabama.  
                                       These testing requirements shall 
                                       be terminated by EPA when the    
                                       results of four consecutive      
                                       weekly composite samples of the  
                                       petitioned waste, obtained from  
                                       either the initial testing or    
                                       subsequent testing show the      
                                       maximum allowable levels in      
                                       condition (3) are not exceeded   
                                       and the Section Chief, Variances 
                                       Section, notifies Occidental that
                                       the requirements of this         
                                       condition have been lifted.      
                                      (B) Continue to sample and test   
                                       for mercury as described in      
                                       condition (1)(B).                

[[Page 109]]

                                                                        
                                      Occidental must compile and store 
                                       on-site for a minimum of three   
                                       years all analytical data and    
                                       quality control data. These data 
                                       must be furnished upon request   
                                       and made available for inspection
                                       by any employee or representative
                                       of EPA or the State of Alabama.  
                                       These testing requirements shall 
                                       remain in effect until Occidental
                                       provides EPA with analytical and 
                                       quality control data for thirty  
                                       consecutive batches of retorted  
                                       material, collected as described 
                                       in condition (1)(B),             
                                       demonstrating that the EP        
                                       leachable levels of mercury are  
                                       below the maximum allowable level
                                       in condition (3) and the Section 
                                       Chief, Variances Section,        
                                       notifies Occidental that the     
                                       testing in condition (2)(B) may  
                                       be replaced with (2)(C).         
                                      (C) [If the conditions in (2)(B)  
                                       are satisfied, the testing       
                                       requirements for mercury in      
                                       (2)(B) shall be replaced with the
                                       following condition]. Collect    
                                       representative grab samples from 
                                       every batch of retorted material 
                                       on a daily basis and composite   
                                       the grab samples to produce a    
                                       weekly composite sample.         
                                       Occidental must analyze each     
                                       weekly composite sample prior to 
                                       its disposal or recycling for the
                                       EP leachate concentration of     
                                       mercury. Occidental must compile 
                                       and store on-site for a minimum  
                                       of three years all analytical    
                                       data and quality control data.   
                                       These data must be furnished upon
                                       request and made available for   
                                       inspection by any employee or    
                                       representative of EPA or the     
                                       State of Alabama.                
                                      (3) If, under condition (1) or    
                                       (2), the EP leachate             
                                       concentrations for chromium,     
                                       lead, arsenic, or silver exceed  
                                       1.616 mg/l; for barium exceeds   
                                       32.3 mg/l; for cadmium or        
                                       selenium exceed 0.323 mg/l; for  
                                       mercury exceeds 0.065 mg/l, for  
                                       nickel exceeds 16.15 mg/l; for   
                                       cyanide exceeds 22.61 mg/l; or   
                                       for total reactive cyanide or    
                                       total reactive sulfide levels    
                                       exceed 250 mg/kg and 500 mg/kg,  
                                       respectively, the waste must     
                                       either be retreated until it     
                                       meets these levels or managed and
                                       disposed of in accordance with   
                                       subtitle C of RCRA.              
                                      (4) Within one week of system     
                                       start-up, Occidental must notify 
                                       the Section Chief, Variances     
                                       Section (see address below) when 
                                       the full-scale retort system is  
                                       on-line and waste treatment has  
                                       begun. All data obtained through 
                                       condition (1) 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 in         
                                       condition (1). At the Section    
                                       Chief's request, Occidental must 
                                       submit any other analytical data 
                                       obtained through condition (2) to
                                       the above address, within the    
                                       time period specified by the     
                                       Section Chief. Failure to submit 
                                       the required data will be        
                                       considered by the Agency         
                                       sufficient basis to revoke       
                                       Occidental'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. 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.''                     
Occidental         Delaware City,     Sodium chloride treatment muds    
 Chemical           Delaware.          (NaCl-TM), sodium chloride       
 Corporation.                          saturator cleanings (NaCl-SC),   
                                       and potassium chloride treatment 
                                       muds (KCl-TM) (all classified as 
                                       EPA Hazardous Waste No. K071)    
                                       generated at a maximum combined  
                                       rate (for all three wastes) of   
                                       1,018 tons per year. This        
                                       exclusion was published on April 
                                       29, 1991 and is conditioned upon 
                                       the collection of data from      
                                       Occidental's full-scale brine    
                                       treatment system because         
                                       Occidental's request for         
                                       exclusion was based on data from 
                                       a laboratory-scale brine         
                                       treatment process. To ensure that
                                       hazardous constituents are not   
                                       present in the waste at levels of
                                       regulatory concern once the full-
                                       scale treatment system is in     
                                       operation, Occidental must       
                                       implement a testing program for  
                                       the petitioned waste. All        
                                       sampling and analyses (including 
                                       quality control procedures) must 
                                       be performed according to SW-846 
                                       methodologies. This testing      
                                       program must meet the following  
                                       conditions for the exclusion to  
                                       be valid:                        
                                      (1) Initial Testing: During the   
                                       first four weeks of full-scale   
                                       treatment system operation,      
                                       Occidental must do the following:
                                      (A) Collect representative grab   
                                       samples from each batch of the   
                                       three treated wastestreams       
                                       (sodium chloride saturator       
                                       cleanings (NaCl-SC), sodium      
                                       chloride treatment muds (NaCl-TM)
                                       and potassium chloride treatment 
                                       muds (KCl-TM)) on an as generated
                                       basis, and composite the samples 
                                       to produce three separate weekly 
                                       composite samples (of each type  
                                       of K071 waste). The three weekly 
                                       composite samples, prior to      
                                       disposal, must be analyzed for   
                                       the EP leachate concentrations of
                                       all the EP toxic metals (except  
                                       mercury), nickel and cyanide     
                                       (using deionized water in the    
                                       cyanide extractions), and the    
                                       total constituent concentrations 
                                       of reactive sulfide and reactive 
                                       cyanide. Occidental must report  
                                       the waste volumes produced and   
                                       the analytical test data,        
                                       including all quality control    
                                       data, obtained during this       
                                       initial period, no later than 90 
                                       days after the treatment of the  
                                       first full-scale batch.          

[[Page 110]]

                                                                        
                                      (B) Collect representative grab   
                                       samples of each batch of the     
                                       three treated wastestreams (NaCl-
                                       SC, NACl-TM and KCl-TM) and      
                                       composite the grab samples to    
                                       produce three separate daily     
                                       composite samples (of each type  
                                       of K071 waste) on an as generated
                                       basis. The three daily composite 
                                       samples, prior to disposal, must 
                                       be analyzed for the EP leachate  
                                       concentration of mercury.        
                                       Occidental must report the waste 
                                       volumes produced and the         
                                       analytical test data, including  
                                       all quality control data,        
                                       obtained during this initial     
                                       period, no later than 90 days    
                                       after the treatment of the first 
                                       full-scale batch.                
                                      (2) Subsequent Testing: After the 
                                       first four weeks of full-scale   
                                       treatment operations, Occidental 
                                       must do the following (all       
                                       sampling and analyses (including 
                                       quality control procedures) must 
                                       be performed according to SW-846 
                                       procedures):                     
                                      (A) Continue to sample and test as
                                       described in condition (1)(A).   
                                       Occidental must compile and store
                                       on-site for a minimum of three   
                                       years the records of waste       
                                       volumes produced and all         
                                       analytical data and quality      
                                       control data. These data must be 
                                       furnished upon request and made  
                                       available for inspection by any  
                                       employee or representative of EPA
                                       or the State of Delaware. These  
                                       testing requirements shall be    
                                       terminated by EPA when the       
                                       results of four consecutive      
                                       weekly composite samples of the  
                                       petitioned waste, obtained from  
                                       either the initial testing or    
                                       subsequent testing, show the     
                                       maximum allowable levels in      
                                       condition (3) are not exceeded   
                                       and the Section Chief, Variances 
                                       Section, notifies Occidental that
                                       the requirements of this         
                                       condition have been lifted.      
                                      (B) Continue to sample and test   
                                       for mercury as described in      
                                       condition (1)(B). Occidental must
                                       compile and store on-site for a  
                                       minimum of three years the       
                                       records of waste volumes produced
                                       and all analytical data and      
                                       quality control data. These data 
                                       must be furnished upon request   
                                       and made available for inspection
                                       by any employee or representative
                                       of EPA or the State of Delaware. 
                                       These testing requirements shall 
                                       be terminated and replaced with  
                                       the requirements of condition    
                                       (2)(C) if Occidental provides EPA
                                       with analytical and quality      
                                       control data for thirty          
                                       consecutive batches of treated   
                                       material, collected as described 
                                       in condition (1)(B),             
                                       demonstrating that the EP        
                                       leachable level of mercury in    
                                       condition (3) is not exceeded (in
                                       all three treated wastes), and   
                                       the Section Chief, Variances     
                                       Section, notifies Occidental that
                                       the testing in condition (2)(B)  
                                       may be replaced with (2)(C).     
                                      (C) [If the conditions in (2)(B)  
                                       are satisfied, the testing       
                                       requirements for mercury in      
                                       (2)(B) shall be replaced with the
                                       following condition.] Collect    
                                       representative grab samples from 
                                       each batch of the three treated  
                                       wastestreams (NaCl-SC, NaCl-TM   
                                       and KCl-TM) on an as generated   
                                       basis and composite the grab     
                                       samples to produce three separate
                                       weekly composite samples (of each
                                       type of K071 waste). The three   
                                       weekly composite samples, prior  
                                       to disposal, must be analyzed for
                                       the EP leachate concentration of 
                                       mercury. Occidental must compile 
                                       and store on-site for a minimum  
                                       of three years the records of    
                                       waste volumes produced and all   
                                       analytical data and quality      
                                       control data. These data must be 
                                       furnished upon request and made  
                                       available for inspection by any  
                                       employee or representative of EPA
                                       or the State of Delaware.        
                                      (3) If under conditions (1) or    
                                       (2), the EP leachate             
                                       concentration for chromium, lead,
                                       arsenic, or silver exceeds 0.77  
                                       mg/L; for barium exceeds 15.5 mg/
                                       L; for cadmium or selenium       
                                       exceeds 0.16 mg/L; for mercury   
                                       exceeds 0.031 mg/L; for nickel or
                                       total cyanide exceeds 10.9 mg/L; 
                                       or the total reactive cyanide or 
                                       total reactive sulfide levels    
                                       exceeds 250 mg/kg and 500 mg/kg, 
                                       the waste must either be         
                                       retreated or managed and disposed
                                       of in accordance with all        
                                       applicable hazardous waste       
                                       regulations.                     
                                      (4) Within one week of system     
                                       start-up, Occidental must notify 
                                       the Section Chief, Variances     
                                       Section (see address below) when 
                                       the full-scale system is on-line 
                                       and waste treatment has begun.   
                                       All data obtained through        
                                       condition (1) must be submitted  
                                       to the Section Chief, Variances  
                                       Section, PSPD/OSW, (OS-333), U.S.
                                       EPA, 401 M Street, SW.,          
                                       Washington, DC 20460 within the  
                                       time period required in condition
                                       (1). At the Section Chief's      
                                       request, Occidental must submit  
                                       any other analytical data        
                                       obtained through conditions (1)  
                                       and (2) to the above address     
                                       within the time period specified 
                                       by the Section Chief. Failure to 
                                       submit the required data will be 
                                       considered by the Agency         
                                       sufficient basis to revoke       
                                       Occidental's exclusion to the    
                                       extent directed by EPA. All data 
                                       (either submitted to EPA or      
                                       maintained at the site) must be  
                                       accompanied by the following     
                                       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. 6926), 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.''                     

[[Page 111]]

                                                                        
Perox,             Sharon,            Iron oxide (EPA Hazardous Waste   
 Incorporated.      Pennsylvania.      No. K062) generated (at a maximum
                                       annual rate of 4800 cubic yards) 
                                       from a spent hydrochloric acid   
                                       pickle liquor regeneration plant 
                                       for spent pickle liquor generated
                                       from steel finishing operations. 
                                       This exclusion was published on  
                                       November 13, 1990.               
Pioneer Chlor      St. Gabriel, LA..  Brine purification muds, which    
 Alkai Company,                        have been washed and vacuum      
 Inc. (formerly                        filtered, generated after August 
 Stauffer                              27, 1985 from their chlor-alkali 
 Chemical                              manufacturing operations (EPA    
 Company).                             Hazardous Waste No. K071) that   
                                       have been batch tested for       
                                       mercury using the EP toxicity    
                                       procedure and have been found to 
                                       contain less than 0.05 ppm in    
                                       mercury in the EP extract. Brine 
                                       purification muds that exceed    
                                       this level will be considered a  
                                       hazardous waste.                 
POP Fasteners....  Shelton,           Wastewater treatment sludge (EPA  
                    Connecticut.       Hazardous Waste No. F006)        
                                       generated from electroplating    
                                       operations (at a maximum annual  
                                       rate of 300 cubic yards) after   
                                       December 7, 1992. In order to    
                                       confirm that the characteristics 
                                       of the waste do not change       
                                       significantly, the facility must,
                                       on an annual basis, analyze a    
                                       representative composite sample  
                                       for the constituents listed in   
                                       Sec.  261.24 using the method    
                                       specified therein. The annual    
                                       analytical results, including    
                                       quality control information, must
                                       be compiled, certified according 
                                       to Sec.  260.22(i)(12) of this   
                                       chapter, maintained on site for a
                                       minimum of five years, and made  
                                       available for inspection upon    
                                       request by any employee or       
                                       representative of EPA or the     
                                       State of Connecticut. Failure to 
                                       maintain the required records on 
                                       site will be considered by EPA,  
                                       at its discretion, sufficient    
                                       basis to revoke the exclusion to 
                                       the extent directed by EPA.      
Reynolds Metals    Gum Springs,       Kiln residue (generated at a      
 Company.           Arkansas.          maximum annual volume of 300,000 
                                       cubic yards per year) from rotary
                                       kiln treatment of spent potliners
                                       (EPA Hazardous Waste No. K088).  
                                       This exclusion was published on  
                                       December 30, 1991. This exclusion
                                       does not apply to electrostatic  
                                       precipitator dust generated by   
                                       the rotary kiln. This exclusion  
                                       initially applies only to the    
                                       treatment by one rotary kiln of  
                                       potliners generated by Reynolds  
                                       Metals' four primary aluminum    
                                       facilities (Massena, New York;   
                                       Longview, Washington; Troutdale, 
                                       Oregon; and Baie Comeau, Quebec) 
                                       described in the petition.       
                                       Reynolds may only accept spent   
                                       potliners from other sources, or 
                                       modify its treatment             
                                        process, or add an additional   
                                       rotary kiln in accordance with   
                                       Condition (5). This exclusion is 
                                       conditional upon the submission  
                                       of data obtained from each rotary
                                       kiln after it is established at  
                                       the R.P. Patterson facility in   
                                       Gum Springs, Arkansas. To ensure 
                                       that hazardous constituents are  
                                       not present in the waste at      
                                       levels of regulatory concern     
                                       while the treatment facility is  
                                       in operation, Reynolds must      
                                       implement a testing program. This
                                       testing program must meet the    
                                       following conditions for the     
                                       exclusion to be valid:           
                                      (1) Operating Conditions:         
                                      (A) Initial Verification Testing: 
                                       During the first 20 days of full-
                                       scale operation of the rotary    
                                       kiln, at typical operating       
                                       conditions, Reynolds must monitor
                                       and submit to EPA the rotary kiln
                                       operating conditions (including, 
                                       but not limited to: Temperature  
                                       range of the kiln (hot and cold  
                                       end), kiln residue exit          
                                       temperature, spent potliner feed 
                                       rate, brown sand feed rate,      
                                       limestone feed rate, natural gas 
                                       feed rate, oxygen/air feed rate, 
                                       and rotary kiln residence time of
                                       the raw materials). The ratio of 
                                       the spent potliner feed rate to  
                                       the combined feed rates of the   
                                       spent potliner, brown sand, and  
                                       limestone must be no more than   
                                       0.35. Information on all         
                                        other operating conditions      
                                       should encompass all conditions  
                                       used for preliminary testing runs
                                       and those anticipated for        
                                       subsequent waste processing.     
                                       During initial verification      
                                       testing, the petitioner must also
                                       demonstrate to EPA how the range 
                                       of operating conditions could    
                                       affect the process (i.e., submit 
                                       analyses of representative grab  
                                       samples, as specified under      
                                       Condition (2), of the kiln       
                                       residue generated under the      
                                       expected range of operating      
                                       conditions). The source of the   
                                       brown sand must be from Reynolds'
                                       dry lake beds at the Bauxite,    
                                       Arkansas facility. Reynolds must 
                                       submit the information specified 
                                       in this condition and obtained   
                                       during this initial period no    
                                       later than 90 days after the     
                                       treatment of the first full-scale
                                       batch of spent potliner.         
                                      (B) Subsequent Verification       
                                       Testing: During subsequent       
                                       verification testing, Reynolds   
                                       must monitor the performance of  
                                       the rotary kiln at all times to  
                                       ensure that it falls within the  
                                       range of operating conditions    
                                       demonstrated during initial      
                                       verification testing, to be      
                                       adequate to maintain the levels  
                                       of hazardous constituents below  
                                       the delisting levels specified in
                                       Condition (4). The feed rates of 
                                       spent potliner, lime and brown   
                                       sand are to be as that described 
                                       in Condition                     
                                        (1)(A). Records of the operating
                                       conditions of the rotary kiln    
                                       (including, but not limited to:  
                                       Temperature range of the kiln,   
                                       kiln residue exit temperature,   
                                       spent potliner feed rate, brown  
                                       sand feed rate, limestone feed   
                                       rate, natural gas feed rate,     
                                       oxygen/air feed rate, and rotary 
                                       kiln residence time of the raw   
                                       materials) should be maintained  
                                       on site for a minimum of five    
                                       years. This information must be  
                                       furnished upon request and made  
                                       available for inspection by any  
                                       employee or representative of EPA
                                       or the State of Arkansas.        

[[Page 112]]

                                                                        
                                      (2) Testing: Sample collection and
                                       analyses (including quality      
                                       control (QC) procedures) must be 
                                       performed according to SW-846    
                                       methodologies. For fluoride,     
                                       samples must be analyzed using   
                                       Method 340.2 from ``Methods for  
                                       Chemical Analysis of Water and   
                                       Waste''. If the EPA judges the   
                                       treatment process to be effective
                                       under the operating conditions   
                                       used during the initial          
                                       verification testing, Reynolds   
                                       may replace the testing required 
                                       in Condition (2)(A) with the     
                                       testing required in Condition    
                                       (2)(B). Reynolds must continue to
                                       test daily composites of kiln    
                                       residue generated beyond the time
                                       period specified in Condition    
                                       (2)(A) until and unless notified 
                                       by EPA in writing that testing in
                                       Condition (2)(A) may be replaced 
                                       by Condition (2)(B) (to the      
                                       extent directed by EPA).         
                                      (A) Initial Verification Testing: 
                                       During the first 20 operating    
                                       days of full-scale operation of  
                                       the new on-line rotary kiln,     
                                       Reynolds must collect and analyze
                                       daily composites of kiln residue.
                                       Daily composites must be composed
                                       of representative grab samples   
                                       collected every 6 hours during   
                                       each 24-hour kiln operating      
                                       cycle. The kiln residue samples  
                                       must be analyzed, prior to the   
                                       disposal of the kiln residue, for
                                       all constituents listed in       
                                       Condition (4). Reynolds must     
                                       report the analytical test data, 
                                       including quality control        
                                       information, obtained during this
                                       initial period no later than 90  
                                       days after the treatment of the  
                                       first full-scale batch of        
                                       untreated spent potliner.        
                                      (B) Subsequent Verification       
                                       Testing: Following notification  
                                       by EPA, Reynolds may substitute  
                                       the testing conditions in (2)(B) 
                                       for (2)(A). Reynolds must collect
                                       and analyze both daily and weekly
                                       composites of kiln residue. Daily
                                       composites must be composed of   
                                       representative grab samples      
                                       collected every 6 hours during a 
                                       24-hour kiln operating cycle and 
                                       these samples must be analyzed,  
                                       prior to the disposal of the kiln
                                       residue, for leachable           
                                       concentrations of cyanide and    
                                       fluoride. Weekly composites must 
                                       be composed of representative    
                                       grab samples collected every 6   
                                       hours during a 24-hour kiln      
                                       operating cycle for each day in  
                                       the week that the kiln is        
                                       operating.                       
                                        The weekly samples must be      
                                       analyzed, prior to the disposal  
                                       of the kiln residue, for the     
                                       leachable concentrations of the  
                                       inorganics listed in Condition   
                                       (4)(A) and leachable levels of   
                                       the semi-volatile organic        
                                       compounds listed in Condition    
                                       (4)(B). Analyses of both daily   
                                       and weekly samples must be       
                                       completed prior to the disposal  
                                       of waste generated during that   
                                       week as set forth in Condition   
                                       (3). The analytical data,        
                                       including quality control        
                                       information, must be compiled,   
                                       summarized, and maintained on    
                                       site for a minimum of five years.
                                       These data must be furnished upon
                                       request and made available for   
                                       inspection by any employee or    
                                       representative of EPA or the     
                                       State of Arkansas.               
                                      (3) Waste Holding and Handling:   
                                       Reynolds must store, as          
                                       hazardous, all kiln residue      
                                       generated until verification     
                                       testing (as specified in         
                                       Condition (2)(A) and (2)(B)) is  
                                       completed and compared, by the   
                                       petitioner, with the delisting   
                                       levels set forth in Condition    
                                       (4). If the levels of hazardous  
                                       constituents measured in the     
                                       samples of kiln residue generated
                                       do not exceed any of the levels  
                                       set forth in Condition (4), then 
                                       the kiln residue is non-hazardous
                                       and may be managed and           
                                        disposed of in accordance with  
                                       all applicable solid waste       
                                       regulations. If hazardous        
                                       constituent levels in any daily  
                                       or weekly sample exceed any of   
                                       the delisting levels set in      
                                       Condition (4), the kiln residue  
                                       generated during the time period 
                                       corresponding to this sample must
                                       be retreated until it meets these
                                       levels (analyses must be         
                                       repeated) or managed and disposed
                                       of in accordance with Subtitle C 
                                       of RCRA. Kiln residue which is   
                                       generated but for which the      
                                       required analysis is not complete
                                       or valid must be managed and     
                                       disposed of in accordance with   
                                       Subtitle C of RCRA, until valid  
                                       analysis demonstrates that       
                                       Condition (4) is satisfied.      
                                      (4) Delisting Levels: All         
                                       concentrations must be measured  
                                       in the waste leachate by the     
                                       method specified in 40 CFR       
                                       261.24.                          
                                      (A) The leachable concentrations  
                                       for metals may not exceed the    
                                       following levels (ppm): arsenic, 
                                       selenium, or silver--0.60;       
                                       barium--12.0; antimony--0.12;    
                                       lead--0.18; cadmium--0.06,       
                                       chromium or nickel--1.2; mercury--
                                       0.024; beryllium--0.012;         
                                       fluoride--48.0; and cyanide--2.4 
                                       (cyanide extraction must be      
                                       conducted using deionized water).
                                      (B) The leachable constituent     
                                       concentrations for organics may  
                                       not exceed the levels listed     
                                       below (ppm):                     
                                        Acenapthene--24                 
                                        Benz(a)anthracene--1.2x10--4    
                                        Benzo(b)fluoranthene--2.4x10--4 
                                        Benzo(a)pyrene--2.4x10--3       
                                        Chrysene--2.4x10--3             
                                        Fluoranthene--12                
                                        Indeno (1,2,3-cd)pyrene--2.4x10--
                                       3                                
                                        Pyrene--12                      
                                      (5) Changes in Operating          
                                       Conditions and Waste Sources: If 
                                       after completing the initial     
                                       verification test period in      
                                       Conditions (1)(A) and (2)(A),    
                                       Reynolds decides to treat spent  
                                       potliner from any other primary  
                                       aluminum reduction facility; or  
                                       use a new source for brown sand; 
                                       or otherwise significantly change
                                       the operating conditions         
                                       developed under Condition (1);   
                                       then Reynolds must notify EPA in 
                                       writing prior to instituting the 
                                       change. Reynolds must also       
                                       reinstitute the testing and      
                                       reporting required in Conditions 
                                       (1)(A) and (2)(A) for a minimum  
                                       period of four operating days and
                                       fulfill all other requirements in
                                       Conditions (1) and (2), as       
                                       appropriate.                     

[[Page 113]]

                                                                        
                                        Reynolds may also add one       
                                       additional kiln at its R.P.      
                                       Patterson facility in Gum        
                                       Springs, Arkansas if it can      
                                       demonstrate that the new kiln can
                                       successfully treat spent         
                                       potliners. Reynolds must fulfill 
                                       all requirements contained in    
                                       Conditions (1) and (2) for the   
                                       second kiln. Reynolds must       
                                       continue to test any kiln residue
                                       generated beyond the time period 
                                       specified in Condition (2)(A)    
                                       until and unless notified in     
                                       writing by EPA that testing      
                                       Condition (2)(A) may be replaced 
                                       by (2)(B) to the extent directed 
                                       by EPA.                          
                                      (6) Data Submittals: Reynolds must
                                       notify in writing the Section    
                                       Chief, Delisting Section (see    
                                       address below) when the rotary   
                                       kiln is on-line and two weeks    
                                       prior to when waste treatment    
                                       will begin. The data obtained    
                                       through Conditions (1)(A) and    
                                       (2)(A) must be submitted to the  
                                       Section Chief, Delisting Section,
                                       OSW (OS-333), U.S. EPA, 401 M    
                                       Street, SW., Washington, DC 20460
                                       within the time period specified.
                                       At the Section Chief's request,  
                                       Reynolds must submit any other   
                                       analytical data obtained through 
                                       Conditions (1)(B) and (2)(B)     
                                       within the time period specified 
                                       by the Section Chief. Failure to 
                                       submit the required data within  
                                       the specified time period or     
                                       maintain the required records on 
                                       site for the specified time will 
                                       be considered by the Agency, at  
                                       its discretion, sufficient basis 
                                       to revoke the exclusion to the   
                                       extent directed by EPA. All data 
                                       must be accompanied by 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 USC Sec.  1001 and
                                       42 USC Sec.  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.''                     
Roanoke Electric   Roanoke, VA......  Fully-cured chemically stabilized 
 Steel Corp.                           electric arc furnace dust/sludge 
                                       (CSEAFD) treatment residue (EPA  
                                       Hazardous Waste No. K061)        
                                       generated from the primary       
                                       production of steel after March  
                                       22, 1989. This exclusion is      
                                       conditioned upon the data        
                                       obtained from Roanoke's full-    
                                       scale CSEAFD treatment facility  
                                       because Roanoke's original data  
                                       were obtained from a laboratory- 
                                       scale CSEAFD treatment process.  
                                       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, Roanoke 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:                      
                                      (A) Initial testing: During the   
                                       first four weeks of operation of 
                                       the full-scale treatment system, 
                                       Roanoke must collect             
                                       representative grab samples of   
                                       each treated batch of the CSEAFD 
                                       and composite the grab samples   
                                       daily. The daily composites,     
                                       prior to disposal, must be       
                                       analyzed for the EP leachate     
                                       concentrations of all the EP     
                                       toxic metals, nickel and cyanide 
                                       (using distilled water in the    
                                       cyanide extractions), and the    
                                       total constituent concentrations 
                                       of reactive sulfide and reactive 
                                       cyanide. Analyses must be        
                                       performed according to SW-846    
                                       methodologies. Roanoke must      
                                       report the analytical test data  
                                       obtained during this initial     
                                       period no later than 90 days     
                                       after the treatment of the first 
                                       full-scale batch.                

[[Page 114]]

                                                                        
                                      (B) Subsequent testing: Roanoke   
                                       must collect representative grab 
                                       samples from every treated batch 
                                       of CSEAFD generated daily and    
                                       composite all of the grab samples
                                       to produce a weekly composite    
                                       sample. Roanoke then must analyze
                                       each weekly composite sample for 
                                       all of the EP toxic metals and   
                                       nickel. Analyses must be         
                                       performed according to SW-846    
                                       methodologies. The analytical    
                                       data, including all 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 or the     
                                       State of Virginia.               
                                      (2) Delisting levels: If the EP   
                                       extract concentrations for       
                                       chromium, lead, arsenic, or      
                                       silver exceed 0.315 mg/l; for    
                                       barium exceeds 6.3 mg/l; for     
                                       cadmium or selenium exceed 0.063 
                                       mg/l; for mercury exceeds 0.0126 
                                       mg/l; for nickel exceeds 3.15 mg/
                                       l; or for cyanide exceeds 1.26 mg/
                                       l, or total reactive cyanide or  
                                       total reactive sulfide levels    
                                       exceed 250 mg/kg and 500 mg/kg,  
                                       respectively, the waste must     
                                       either be re-treated or managed  
                                       and disposed in accordance with  
                                       Subtitle C of RCRA.              
                                      (3) Data submittals: Within one   
                                       week of system start-up, Roanoke 
                                       must notify the Section Chief,   
                                       Variances Section (see address   
                                       below) when their full-scale     
                                       stabilization system in on-line  
                                       and waste treatment has begun.   
                                       All data obtained through the    
                                       initial testing 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 
                                       in condition (1)(A). Failure to  
                                       submit the required data or keep 
                                       the required records will be     
                                       considered by the Agency, at its 
                                       discretion, sufficient basis to  
                                       revoke Roanoke's exclusion. 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 USC    
                                       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.''
Tricil             Hilliard, Ohio...  Spent pickle liquor (EPA Hazardous
 Environmental                         Waste No. K062) generated by     
 Systems, Inc.                         steel finishing operations of    
                                       facilities within the iron and   
                                       steel industry (SIC Codes 331 and
                                       332) after November 17, 1986. To 
                                       ensure that hazardous            
                                       constituents are not present in  
                                       the waste at levels of regulatory
                                       concern, the facility must       
                                       implement a contingency testing  
                                       program for the petitioned       
                                       wastes. This testing program must
                                       meet the following conditions for
                                       the exclusions to be valid:      
                                      (1) Each batch of treatment       
                                       residue must be representatively 
                                       sampled and tested using the     
                                       total oil and grease test and the
                                       EP Toxicity test (or the Oily    
                                       Waste EP test, if the oil and    
                                       grease content of the waste      
                                       exceeds one percent) for arsenic,
                                       barium, cadmium, chromium, lead, 
                                       mercury, selenium, silver and    
                                       nickel. If the extract           
                                       concentrations for chromium,     
                                       lead, arsenic, barium, and silver
                                       exceed 6.3 ppm; cadmium and      
                                       selenium exceed 0.063 ppm;       
                                       mercury levels exceed 0.013 ppm; 
                                       or nickel levels exceed 2.2 ppm, 
                                       the waste will be retreated or   
                                       managed and disposed as a        
                                       hazardous waste under 40 CFR     
                                       parts 262 to 265 and the         
                                       permitting standards of 40 CFR   
                                       270.                             
                                      (2) Each batch of treatment       
                                       residue must be tested for       
                                       reactive and leachable cyanide.  
                                       If the reactive cyanide levels   
                                       exceed 250 ppm; or leachable     
                                       cyanide levels (using ther EP    
                                       Toxicity test without acetic acid
                                       adjustment) exceed 1.26 ppm, the 
                                       waste must be retreated or       
                                       managed and disposed as hazardous
                                       waste under 40 CFR parts 262 to  
                                       265 and the permitting standards 
                                       of 40 CFR Part 270.              
                                                                        
                                      (3) Each batch of waste must be   
                                       tested for the total content of  
                                       the following organic toxicants. 
                                       If the total content of any of   
                                       the constituents exceeds the     
                                       maximum levels shown, the waste  
                                       must be managed and disposed as a
                                       hazardous waste under 40 CFR     
                                       parts 262 and 265 and the        
                                       permitting standards of 40 CFR   
                                       Part 270.                        
                                        Compound and Maximum Acceptable 
                                                  Levels (ppm)          
                                                                        
                                      Acrolein, 56.8                    
                                      Anthracene, 76.8                  
                                      Benzene, 0.106                    
                                      p-Chloro-m-cresol, 133            
                                      1,1-Dichloroethane, 0.01          
                                      Fluorene, 10.4                    
                                      Methylenechloride, 8.2            
                                      Methyl ethyl ketone, 326          
                                      n-Nitrosodiphenylamine, 11.9      
                                      Phenanthrene, 14                  
                                      Tetrachloroethylene, 0.188        
                                      Trichloroethylene, 0.59           

[[Page 115]]

                                                                        
                                      Chloroform, 0.013                 
                                      1,2-Dichloroethane, 0.0083        
                                      1,2-trans-Dichloroethylene, 231   
                                      2,4-Dimethylphenol, 12.5          
                                      Vinyl chloride, 0.18              
                                      1,2-Diphenyl hydrazine, 0.001     
                                                                        
                                      (4) A grab sample must be         
                                       collected from each batch to form
                                       one monthy composite sample,     
                                       which must be tested using GC/MS 
                                       analysis for the organic         
                                       compounds shown above, as well as
                                       the remaining organics on the    
                                       priority pollutant list (see 47  
                                       FR 52309, November 19, 1982,     
                                       Appendix A-126 Priority          
                                       Pollutants).                     
                                      (5) The test data from conditions 
                                       1-4 must be kept on file at the  
                                       facility for inspection purposes 
                                       and must be compiled, summarized,
                                       and submitted to the             
                                       Administrator by certified mail  
                                       on a semiannual basis. The Agency
                                       will review this information and 
                                       if needed, will propose to modify
                                       or withdraw the exclusion. The   
                                       organics testing described in    
                                       conditions 3 and 4 above is not  
                                       required until May 18, 1987. The 
                                       Agency's decision to             
                                       conditionally exclude the        
                                       treatment residue generated from 
                                       the wastewater treatment system  
                                       at this facility applies only to 
                                       the wastewater treatment residue 
                                       described in this petition.      
Tricil             Muskegon,          Spent pickle liquor (EPA Hazardous
 Environmental      Michigan.          Waste No. K062) generated by     
 System, Inc.                          steel finishing operations of    
                                       facilities within the iron and   
                                       steel industry (SIC Codes 331 and
                                       332); after November 17, 1986. To
                                       ensure that hazardous            
                                       constituents are not present in  
                                       the waste at levels of regulatory
                                       concern, the facility must       
                                       implement a contingency testing  
                                       program for the petitioned       
                                       wastes. This testing program must
                                       meet the following conditions for
                                       the exclusion to be valid:       
                                      (1) Each batch of treatment       
                                       residue must be representatively 
                                       sampled and tested using the     
                                       total oil and grease test and the
                                       EP Toxicity test (or the Oily    
                                       Waste EP test, if the oil and    
                                       grease content of the waste      
                                       exceeds one percent) for arsenic,
                                       barium, cadmium, chromium, lead, 
                                       mercury, selenium, silver and    
                                       nickel. If the extract           
                                       concentrations for chromium,     
                                       lead, arsenic, barium, and silver
                                       exceed 6.3 ppm, cadmium and      
                                       selenium exceed 0.063 ppm;       
                                       mercury levels exceed 0.013 ppm; 
                                       or nickel levels exceed 2.2 ppm, 
                                       the waste will be retreated or   
                                       managed and disposed as a        
                                       hazardous waste under 40 CFR     
                                       parts 262 to 265 and the         
                                       permitting standards of 40 CFR   
                                       270.                             
                                      (2) Each batch of treatment       
                                       residue must be tested for       
                                       reactive and leachable cyanide.  
                                       If the reactive cyanide levels   
                                       exceed 250 ppm; or leachable     
                                       cyanide levels (using the EP     
                                       Toxicity test without acetic acid
                                       adjustment) exceed 1.26 ppm, the 
                                       waste must be retreated or       
                                       managed and disposed as hazardous
                                       waste under 40 CFR parts 262 to  
                                       265 and the permitting standards 
                                       of 40 CFR Part 270.              
                                      (3) Each batch of waste must be   
                                       tested for the total content of  
                                       the following organic toxicants. 
                                       If the total content of any of   
                                       the constituents exceeds the     
                                       maximum levels shown, the waste  
                                       must be managed and disposed as a
                                       hazardous waste under 40 CFR     
                                       parts 262 and 265 and the        
                                       permitting standards of 40 CFR   
                                       Part 270:                        
                                                                        
                                        Compound and Maximum Acceptable 
                                                  Levels (ppm)          
                                      Acrolein, 56.8                    
                                      Anthracene, 76.8                  
                                      Benzene, 0.106                    
                                      p-Chloro-m-cresol, 133            
                                      1,1-Dichloroethane, 0.01          
                                      Fluorene, 10.4                    
                                      Methylenechloride, 8.2            
                                      Methyl ethyl ketone, 326          
                                      n-Nitrosodiphenylamine, 11.9      
                                      Phenanthrene, 14                  
                                      Tetrachloroethylene, 0.188        
                                      Trichloroethylene, 0.59           
                                      Chloroform, 0.013                 
                                      1,2-Dichloroethane, 0.0083        
                                      1,2-trans-Dichloroethylene, 231   
                                      2,4-Dimethylphenol, 12.5          
                                      Vinyl chloride, 0.18              
                                      1,2-Diphenyl hydrazine, 0.001     
                                                                        
                                      (4) A grab sample must be         
                                       collected from each batch to form
                                       one monthly composite sample,    
                                       which must be tested using GC/MS 
                                       analysis for the organic         
                                       compounds shown above, as well as
                                       the remaining organics on the    
                                       priority pollutant list (see 47  
                                       FR 52309, November 19, 1982,     
                                       Appendix A-126 Priority          
                                       Pollutants).                     
                                      (5) The test data from conditions 
                                       1-4 must be kept on file at the  
                                       facility for inspection purposes 
                                       and must be compiled, summarized,
                                       and submitted to the             
                                       Administrator by certified mail  
                                       on a semiannual basis. The Agency
                                       will review this information and 
                                       if needed, will propose to modify
                                       or withdraw the exclusion. The   
                                       organics testing described in    
                                       conditions 3 and 4 above is not  
                                       required until May 18, 1987. The 
                                       Agency's decision to             
                                       conditionally exclude the        
                                       treatment residue generated from 
                                       the wasterwater treatment system 
                                       at this facility applies only to 
                                       the wastewater treatment residue 
                                       described in this petition.      

[[Page 116]]

                                                                        
USX Steel          Chicago, Illinois  Fully-cured chemically stabilized 
 Corporation, USS                      electric arc furnace dust/sludge 
 Division,                             (CSEAFD) treatment residue (EPA  
 Southworks                            Hazardous Waste No. K061)        
 Plant, Gary                           generated from the primary       
 Works.                                production of steel after April  
                                       29, 1991. This exclusion (for    
                                       35,000 tons of CSEAFD per year)  
                                       is conditioned upon the data     
                                       obtained from USX's full-scale   
                                       CSEAFD treatment 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, USX 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) must be 
                                       performed according to SW-846    
                                       methodologies.                   
                                      (A) Initial Testing: During the   
                                       first four weeks of operation of 
                                       the full-scale treatment system, 
                                       USX must collect representative  
                                       grab samples of each treated     
                                       batch of the CSEAFD and composite
                                       the grab samples daily. The daily
                                       composites, prior to disposal,   
                                       must be analyzed for the EP      
                                       leachate concentrations of all   
                                       the EP toxic metals, nickel, and 
                                       cyanide (using distilled water in
                                       the cyanide extractions), and the
                                       total concentrations of reactive 
                                       sulfide and reactive cyanide. USX
                                       must report the analytical test  
                                       data, including quality control  
                                       information, obtained during this
                                       initial period no later than 90  
                                       days after the treatment of the  
                                       first full-scale batch.          
                                      (B) Subsequent Testing: USX must  
                                       collect representative grab      
                                       samples from every treated batch 
                                       of CSEAFD generated daily and    
                                       composite all of the grab samples
                                       to produce a weekly composite    
                                       sample. USX then must analyze    
                                       each weekly composite sample for 
                                       all of the EP toxic metals, and  
                                       nickel. 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 or the State of Illinois.    
                                      (2) Delisting levels: If the EP   
                                       extract concentrations for       
                                       chromium, lead, arsenic, or      
                                       silver exceed 0.315 mg/l; for    
                                       barium exceeds 6.3 mg/l; for     
                                       cadmium or selenium exceed 0.063 
                                       mg/l; for mercury exceeds 0.0126 
                                       mg/l; for nickel exceeds 3.15 mg/
                                       l; or for cyanide exceeds 4.42 mg/
                                       l, total reactive cyanide or     
                                       total reactive sulfide levels    
                                       exceed 250 mg/kg and 500 mg/kg,  
                                       respectively, the waste must     
                                       either be re-treated until it    
                                       meets these levels or managed and
                                       disposed of in accordance with   
                                       Subtitle C of RCRA.              
                                      (3) Data submittals: Within one   
                                       week of system start-up USX must 
                                       notify the Section Chief,        
                                       Delisting Section (see address   
                                       below) when their full-scale     
                                       stabilization system is on-line  
                                       and waste treatment has begun.   
                                       The data obtained through        
                                       condition (1)(A) must be         
                                       submitted to the Section Chief,  
                                       Delisting Section, CAD/OSW (OS-  
                                       333), U.S. EPA, 401 M Street,    
                                       S.W., Washington, DC 20460 within
                                       the time period specified. At the
                                       Section Chief's request, USX must
                                       submit any other analytical data 
                                       obtained through conditions      
                                       (1)(A) or (1)(B) within the time 
                                       period specified by the Section  
                                       Chief. Failure to submit the     
                                       required data obtained from      
                                       conditions (1)(A) or (1)(B)      
                                       within the specified time period 
                                       or maintain the required records 
                                       for the specified time will be   
                                       considered by the Agency, at its 
                                       discretion, sufficient basis to  
                                       revoke USX'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. 
                                       Sec.  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.''
Vulcan Materials   Port Edwards, WI.  Brine purification muds (EPA      
 Company.                              Hazardous Waste No. K071)        
                                       generated from the mercury cell  
                                       process in chlorine production,  
                                       where separately prepurified     
                                       brine is not used after November 
                                       17, 1986. To assure that mercury 
                                       levels in this waste are         
                                       maintained at acceptable levels, 
                                       the following conditions apply to
                                       this exclusion: Each batch of    
                                       treated brine clarifier muds and 
                                       saturator insolubles must be     
                                       tested (by the extraction        
                                       procedure) prior to disposal and 
                                       the leachate concentration of    
                                       mercury must be less than or     
                                       equal to 0.0129 ppm. If the waste
                                       does not meet this requirement,  
                                       then it must be re-treated or    
                                       disposed of as hazardous. This   
                                       exclusion does not apply to      
                                       wastes for which either of these 
                                       conditions is not satisfied.     
------------------------------------------------------------------------


[[Page 117]]


    Table 3--Wastes Excluded From Commercial Chemical Products, Off-    
  Specification Species, Container Residues, and Soil Residues Thereof  
------------------------------------------------------------------------
       Facility                 Address             Waste description   
------------------------------------------------------------------------
Union Carbide Corp....  Taft, LA..............  Contaminated soil       
                                                 (approximately 11,000  
                                                 cubic yards), which    
                                                 contains acrolein in   
                                                 concentrations of less 
                                                 than 9 ppm.            
------------------------------------------------------------------------

[49 FR 37070, Sept. 21, 1984]

    Editorial Note: For Federal Register citations affecting appendix IX 
of part 261, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE--Table of Contents




                           Subpart A--General

Sec.
262.10  Purpose, scope, and applicability.
262.11  Hazardous waste determination.
262.12  EPA identification numbers.

                         Subpart B--The Manifest

262.20  General requirements.
262.21  Acquisition of manifests.
262.22  Number of copies.
262.23  Use of the manifest.

                  Subpart C--Pre-Transport Requirements

262.30  Packaging.
262.31  Labeling.
262.32  Marking.
262.33  Placarding.
262.34  Accumulation time.

                 Subpart D--Recordkeeping and Reporting

262.40  Recordkeeping.
262.41  Biennial report.
262.42  Exception reporting.
262.43  Additional reporting.
262.44  Special requirements for generators of between 100 and 1000 kg/
          mo.

                  Subpart E--Exports of Hazardous Waste

262.50  Applicability.
262.51  Definitions.
262.52  General requirements.
262.53  Notification of intent to export.
262.54  Special manifest requirements.
262.55  Exception reports.
262.56  Annual reports.
262.57  Recordkeeping.
262.58  International agreements.

                  Subpart F--Imports of Hazardous Waste

262.60  Imports of hazardous waste.

                           Subpart G--Farmers

262.70  Farmers.

   Subpart H--Transfrontier shipments of hazardous waste for recovery 
                             within the OECD

262.80  Applicability.
262.81  Definitions.
262.82  General conditions.
262.83  Notification and consent.
262.84  Tracking document.
262.85  Contracts.
262.86  Provisions relating to recognized traders.
262.87  Reporting and recordkeeping.
262.88  Pre-approval for U.S. Recovery Facilities (Reserved).
262.89  OECD Waste Lists.

Appendix to Part 262--Uniform Hazardous Waste Manifest and Instructions 
          (EPA Forms 8700-22 and 8700-22A and Their Instructions)

    Authority: 42 U.S.C 6906, 6912, 6922, 6923, 6925, 6937, and 6938.

    Source: 45 FR 33142, May 19, 1980, unless otherwise noted.



                           Subpart A--General



Sec. 262.10  Purpose, scope, and applicability.

    (a) These regulations establish standards for generators of 
hazardous waste.
    (b) 40 CFR 261.5(c) and (d) must be used to determine the 
applicability of provisions of this part that are dependent on 
calculations of the quantity of hazardous waste generated per month.
    (c) A generator who treats, stores, or disposes of hazardous waste 
on-site must only comply with the following sections of this part with 
respect to that waste: Section 262.11 for determining whether or not he 
has a hazardous waste, Sec. 262.12 for obtaining an EPA identification 
number, Sec. 262.34 for accumulation of hazardous waste, Sec. 262.40 (c) 
and (d) for recordkeeping, Sec. 262.43 for additional reporting, and if 
applicable, Sec. 262.70 for farmers.
    (d) Any person who exports or imports hazardous waste subject to the 
Federal manifesting requirements of part 262, or subject to the 
universal waste management standards of 40 CFR

[[Page 118]]

Part 273, or subject to State requirements analogous to 40 CFR Part 273, 
to or from the countries listed in Sec. 262.58(a)(1) for recovery must 
comply with subpart H of this part.
    (e) Any person who imports hazardous waste into the United States 
must comply with the standards applicable to generators established in 
this part.
    (f) A farmer who generates waste pesticides which are hazardous 
waste and who complies with all of the requirements of Sec. 262.70 is 
not required to comply with other standards in this part or 40 CFR parts 
270, 264, 265, or 268 with respect to such pesticides.
    (g) A person who generates a hazardous waste as defined by 40 CFR 
part 261 is subject to the compliance requirements and penalties 
prescribed in section 3008 of the Act if he does not comply with the 
requirements of this part.
    (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 part.

    Note 1: The provisions of Sec. 262.34 are applicable to the on-site 
accumulation of hazardous waste by generators. Therefore, the provisions 
of Sec. 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 40 CFR parts 264, 265, 266, 268, and 270.

[45 FR 33142, May 19, 1980, as amended at 45 FR 86970, Dec. 31, 1980; 47 
FR 1251, Jan. 11, 1982; 48 FR 14294, Apr. 1, 1983; 53 FR 27164, July 19, 
1988; 56 FR 3877, Jan. 31, 1991; 60 FR 25541, May 11, 1995; 61 FR 16309, 
Apr. 12, 1996]

    Effective Date Note: At 61 FR 16309, Apr. 12, 1996, Sec. 262.10 was 
amended by redesignating paragraphs (d), (e), (f), and (g) as (e),(f), 
(g), and (h), and adding a new (d), effective July 11, 1996.



Sec. 262.11  Hazardous waste determination.

    A person who generates a solid waste, as defined in 40 CFR 261.2, 
must determine if that waste is a hazardous waste using the following 
method:
    (a) He should first determine if the waste is excluded from 
regulation under 40 CFR 261.4.
    (b) He must then determine if the waste is listed as a hazardous 
waste in subpart D of 40 CFR part 261.

    Note: Even if the waste is listed, the generator still has an 
opportunity under 40 CFR 260.22 to demonstrate to the Administrator that 
the waste from his particular facility or operation is not a hazardous 
waste.

    (c) For purposes of compliance with 40 CFR part 268, or if the waste 
is not listed in subpart D of 40 CFR part 261, the generator must then 
determine whether the waste is identified in subpart C of 40 CFR part 
261 by either:
    (1) Testing the waste according to the methods set forth in subpart 
C of 40 CFR part 261, or according to an equivalent method approved by 
the Administrator under 40 CFR 260.21; or
    (2) Applying knowledge of the hazard characteristic of the waste in 
light of the materials or the processes used.
    (d) If the waste is determined to be hazardous, the generator must 
refer to parts 261, 264, 265, 266, 268, and 273 of this chapter for 
possible exclusions or restrictions pertaining to management of the 
specific waste.

[45 FR 33142, May 19, 1980, as amended at 45 FR 76624, Nov. 19, 1980; 51 
FR 40637, Nov. 7, 1986; 55 FR 22684, June 1, 1990; 56 FR 3877, Jan. 31, 
1991; 60 FR 25541, May 11, 1995]



Sec. 262.12  EPA identification numbers.

    (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 Administrator.
    (b) A generator who has not received an EPA identification number 
may obtain one by applying to the Administrator using EPA form 8700-12. 
Upon receiving the request the Administrator will assign an EPA 
identification number to the generator.
    (c) A generator must not offer his hazardous waste to transporters 
or to treatment, storage, or disposal facilities that have not received 
an EPA identification number.



                         Subpart B--The Manifest



Sec. 262.20  General requirements.

    (a) A generator who transports, or offers for transportation, 
hazardous waste for offsite treatment, storage, or

[[Page 119]]

disposal must prepare a Manifest OMB control number 2050-0039 on EPA 
form 8700-22, and, if necessary, EPA form 8700-22A, according to the 
instructions included in the appendix to part 262.
    (b) A generator must designate on the manifest one 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.
    (e) The requirements of this subpart do not apply to hazardous waste 
produced by generators of greater than 100 kg but less than 1000 kg in a 
calendar month where:
    (1) The waste is reclaimed under a contractual agreement pursuant to 
which:
    (i) The type of waste and frequency of shipments are specified in 
the agreement;
    (ii) The vehicle used to transport the waste to the recycling 
facility and to deliver regenerated material back to the generator is 
owned and operated by the reclaimer of the waste; and
    (2) The generator maintains a copy of the reclamation agreement in 
his files for a period of at least three years after termination or 
expiration of the agreement.

[45 FR 33142, May 19, 1980, as amended at 49 FR 10500, Mar. 20, 1984; 51 
FR 10175, Mar. 24, 1986; 53 FR 45090, Nov. 8, 1988]



Sec. 262.21  Acquisition of manifests.

    (a) If the State to which the shipment is manifested (consignment 
State) supplies the manifest and requires its use, then the generator 
must use that manifest.
    (b) If the consignment State does not supply the manifest, but the 
State in which the generator is located (generator State) supplies the 
manifest and requires its use, then the generator must use that State's 
manifest.
    (c) If neither the generator State nor the consignment State 
supplies the manifest, then the generator may obtain the manifest from 
any source.

[49 FR 10500, Mar. 20, 1984]



Sec. 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.



Sec. 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 Sec. 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

[[Page 120]]

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 Sec. 263.20(e) and (f) for special provisions for rail or 
water (bulk shipment) transporters.

[45 FR 33142, May 19, 1980, as amended at 45 FR 86973, Dec. 31, 1980; 55 
FR 2354, Jan. 23, 1990]



                  Subpart C--Pre-Transport Requirements



Sec. 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.



Sec. 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.



Sec. 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 110 
gallons or less used in such transportation with the following words and 
information displayed in accordance with the requirements of 49 CFR 
172.304:

    HAZARDOUS WASTE--Federal Law Prohibits Improper Disposal. If found, 
contact the nearest police or public safety authority or the U.S. 
Environmental Protection Agency.

Generator's Name and Address ----------.
Manifest Document Number ------------.




Sec. 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, subpart F.



Sec. 262.34  Accumulation time.

    (a) Except as provided in paragraphs (d), (e), and (f) of this 
section, a generator may accumulate hazardous waste on-site for 90 days 
or less without a permit or without having interim status, provided 
that:
    (1) The waste is placed:
    (i) In containers and the generator complies with subparts I, AA, BB 
and CC of 40 CFR part 265; and/or
    (ii) In tanks and the generator complies with subparts J, AA, BB and 
CC of 40 CFR part 265, except Secs. 265.197(c) and 265.200; and/or
    (iii) On drip pads and the generator complies with subpart W of 40 
CFR part 265 and maintains the following records at the facility:
    (A) A description of procedures that will be 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; and/or
    (iv) The waste is placed in containment buildings and the generator 
complies with subpart DD of 40 CFR part 265, has placed its professional 
engineer certification that the building complies with the design 
standards specified in 40 CFR 265.1101 in the facility's operating 
record 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. The owner or operator shall maintain the 
following records at the facility:
    (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 they are

[[Page 121]]

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.

In addition, such a generator is exempt from all the requirements in 
subparts G and H of 40 CFR part 265, except for Secs. 265.111 and 
265.114.
    (2) The date upon which each period of accumulation begins is 
clearly marked and visible for inspection on each container;

    (3) While being accumulated on-site, each container and tank is 
labeled or marked clearly with the words, ``Hazardous Waste''; and
    (4) The generator complies with the requirements for owners or 
operators in subparts C and D in 40 CFR part 265, with Sec. 265.16, and 
with 40 CFR 268.7(a)(4).
    (b) A generator who accumulates hazardous waste for more than 90 
days is an operator of a storage facility and is subject to the 
requirements of 40 CFR parts 264 and 265 and the permit requirements of 
40 CFR part 270 unless he has been granted an extension to the 90-day 
period. Such extension may be granted by EPA 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 Regional Administrator on a case-by-
case basis.
    (c)(1) A generator may accumulate as much as 55 gallons of hazardous 
waste or one quart of acutely hazardous waste listed in Sec. 261.33(e) 
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 paragraph (a) of this section provided he:
    (i) Complies with Secs. 265.171, 265.172, and 265.173(a) of this 
chapter; and
    (ii) Marks his containers either with the words ``Hazardous Waste'' 
or with other words that identify the contents of the containers.
    (2) A generator who accumulates either hazardous waste or acutely 
hazardous waste listed in Sec. 261.33(e) in excess of the amounts listed 
in paragraph (c)(1) of this section at or near any point of generation 
must, with respect to that amount of excess waste, comply within three 
days with paragraph (a) of this section or other applicable provisions 
of this chapter. During the three day period the generator must continue 
to comply with paragraphs (c)(1)(i) through (ii) of this section. The 
generator must mark the container holding the excess accumulation of 
hazardous waste with the date the excess amount began accumulating.
    (d) A generator who generates greater than 100 kilograms but less 
than 1000 kilograms of hazardous waste in a calendar month may 
accumulate hazardous waste on-site for 180 days or less without a permit 
or without having interim status provided that:
    (1) The quantity of waste accumulated on-site never exceeds 6000 
kilograms;
    (2) The generator complies with the requirements of subpart I of 
part 265 of this chapter, except for Secs. 265.176 and 265.178;
    (3) The generator complies with the requirements of Sec. 265.201 in 
subpart J of part 265;
    (4) The generator complies with the requirements of paragraphs 
(a)(2) and (a)(3) of this section, the requirements of subpart C of part 
265, the requirements of 40 CFR 268.7(a)(4); and
    (5) The generator complies with the following requirements:
    (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 (d)(5)(iv) of this section. This employee is the 
emergency coordinator.
    (ii) The generator must post the following information next to the 
telephone:
    (A) The name and 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 generator must ensure that all employees are thoroughly 
familiar

[[Page 122]]

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, 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;
    (C) In the event of a fire, explosion, or other release which could 
threaten human health outside the facility or when the generator has 
knowledge that a spill has reached surface water, the 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 
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.
    (e) A generator who generates greater than 100 kilograms but less 
than 1000 kilograms of hazardous waste in a calendar month and who must 
transport his waste, or offer his 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 he 
complies with the requirements of paragraph (d) of this section.
    (f) A generator who generates greater than 100 kilograms but less 
than 1000 kilograms of hazardous waste in a calendar month and who 
accumulates hazardous waste in quantities exceeding 6000 kg or 
accumulates hazardous waste for more than 180 days (or for more than 270 
days if he must transport his waste, or offer his waste for 
transportation, over a distance of 200 miles or more) is an operator of 
a storage facility and is subject to the requirements of 40 CFR parts 
264 and 265 and the permit requirements of 40 CFR part 270 unless he has 
been granted an extension to the 180-day (or 270-day if applicable) 
period. Such extension may be granted by EPA 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 Regional 
Administrator on a case-by-case basis.

[47 FR 1251, Jan. 11, 1982, as amended at 48 FR 14294, Apr. 1, 1983; 49 
FR 49571, Dec. 20, 1984; 51 FR 10175, Mar. 24, 1986; 51 FR 25472, July 
14, 1986; 55 FR 22684, June 1, 1990; 55 FR 50483, Dec. 6, 1990; 56 FR 
3877, Jan. 31, 1991; 56 FR 30195, July 1, 1991; 57 FR 37264, Aug. 18, 
1992; 59 FR 62926, Dec. 6, 1994; 61 FR 4911, Feb. 9, 1996]

    Effective Date Note: At 59 FR 62926, Dec. 6, 1994, Sec. 262.34, 
paragraphs (a)(1)(i), (a)(1)(ii) and (d)(2) were revised. At 60 FR 
26828, May 19, 1995, the effective date was delayed to December 6, 1995; 
at 60 FR 56952, Nov. 13, 1995, the effective date was delayed to June 6, 
1996; and at 61 FR 28508, June 5, 1996, the effective date was further 
delayed to Oct. 6, 1996. For the convenience of the reader, the 
superseded material is set forth as follows:

Sec. 262.34  Accumulation time.
    (a) * * *
    (1) * * *
    (i) In containers and the generator complies with subpart I of 40 
CFR part 265; and/or
    (ii) In tanks and the generator complies with subpart J of 40 CFR 
part 265, except Sec. 265.197(c) and Sec. 265.200; and/or

                                * * * * *

    (d) * * *
    (2) The generator complies with the requirements of subpart I of 
part 265, except Sec. 265.176;

                                * * * * *



                 Subpart D--Recordkeeping and Reporting



Sec. 262.40  Recordkeeping.

    (a) A generator must keep a copy of each manifest signed in 
accordance with Sec. 262.23(a) for three years or until he receives a 
signed copy from the designated facility which received the

[[Page 123]]

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 Biennial Report and 
Exception Report for a period of at least three years from the due date 
of the report.
    (c) A generator must keep records of any test results, waste 
analyses, or other determinations made in accordance with Sec. 262.11 
for at least three years from the date that the waste was last sent to 
on-site or off-site treatment, storage, or disposal.
    (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 
Administrator.

[45 FR 33142, May 19, 1980, as amended at 48 FR 3981, Jan. 28, 1983]



Sec. 262.41  Biennial report.

    (a) A generator who ships any hazardous waste off-site to a 
treatment, storage or disposal facility within the United States must 
prepare and submit a single copy of a Biennial Report to the Regional 
Administrator by March 1 of each even numbered year. The Biennial Report 
must be submitted on EPA Form 8700-13A, must cover generator activities 
during the previous year, and must include the following information:
    (1) The EPA identification number, name, and address of the 
generator;
    (2) The calendar year covered by the report;
    (3) The EPA identification number, name, and address for each off-
site treatment, storage, or disposal facility in the United States to 
which waste was shipped during the year;
    (4) 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;
    (5) A description, EPA hazardous waste number (from 40 CFR part 261, 
subpart C or D), DOT hazard class, and quantity of each hazardous waste 
shipped off-site for shipments to a treatment, storage or disposal 
facility within the United States. This information must be listed by 
EPA identification number of each such off-site facility to which waste 
was shipped.
    (6) A description of the efforts undertaken during the year to 
reduce the volume and toxicity of waste generated.
    (7) 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.
    (8) The certification signed by the generator or authorized 
representative.
    (b) Any generator who treats, stores, or disposes of hazardous waste 
on-site must submit a biennial report covering those wastes in 
accordance with the provisions of 40 CFR parts 270, 264, 265, and 266. 
Reporting for exports of hazardous waste is not required on the Biennial 
Report form. A separate annual report requirement is set forth at 40 CFR 
262.56.

[48 FR 3981, Jan. 28, 1983, as amended at 48 FR 14294, Apr. 1, 1983; 50 
FR 28746, July 15, 1985; 51 FR 28682, Aug. 8, 1986]




Sec. 262.42  Exception reporting.

    (a)(1) A generator of greater 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 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 greater than 1000 kilograms of hazardous waste in 
a calendar month must submit an Exception Report to the EPA Regional 
Administrator for the Region in which the generator is located 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;

[[Page 124]]

    (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 EPA Regional Administrator for the 
Region in which the generator is located.

    Note: The submission to EPA 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.

[52 FR 35898, Sept. 23, 1987]



Sec. 262.43  Additional reporting.

    The Administrator, as he deems necessary under sections 2002(a) and 
3002(6) of the Act, may require generators to furnish additional reports 
concerning the quantities and disposition of wastes identified or listed 
in 40 CFR part 261.



Sec. 262.44  Special requirements for generators of between 100 and 1000 kg/mo.

    A generator of greater than 100 kilograms but less than 1000 
kilograms of hazardous waste in a calendar month is subject only to the 
following requirements in this subpart:
    (a) Section 262.40(a), (c), and (d), recordkeeping;
    (b) Section 262.42(b), exception reporting; and
    (c) Section 262.43, additional reporting.

[52 FR 35899, Sept. 23, 1987]



                  Subpart E--Exports of Hazardous Waste

    Source: 51 FR 28682, Aug. 8, 1986, unless otherwise noted.



Sec. 262.50  Applicability.

    This subpart establishes requirements applicable to exports of 
hazardous waste. Except to the extent Sec. 262.58 provides otherwise, a 
primary exporter of hazardous waste must comply with the special 
requirements of this subpart and a transporter transporting hazardous 
waste for export must comply with applicable requirements of part 263. 
Section 262.58 sets forth the requirements of international agreements 
between the United States and receiving countries which establish 
different notice, export, and enforcement procedures for the 
transportation, treatment, storage and disposal of hazardous waste for 
shipments between the United States and those countries.



Sec. 262.51  Definitions.

    In addition to the definitions set forth at 40 CFR 260.10, the 
following definitions apply to this subpart:
    Consignee means the ultimate treatment, storage or disposal facility 
in a receiving country to which the hazardous waste will be sent.
    EPA Acknowledgement of Consent means the cable sent to EPA from the 
U.S. Embassy in a receiving country that acknowledges the written 
consent of the receiving country to accept the hazardous waste and 
describes the terms and conditions of the receiving country's consent to 
the shipment.
    Primary Exporter means any person who is required to originate the 
manifest for a shipment of hazardous waste in accordance with 40 CFR 
part 262, subpart B, or equivalent State provision, which specifies a 
treatment, storage, or disposal facility in a receiving country as the 
facility to which the hazardous waste will be sent and any intermediary 
arranging for the export.
    Receiving country means a foreign country to which a hazardous waste 
is sent for the purpose of treatment, storage or disposal (except short-
term storage incidental to transportation).
    Transit country means any foreign country, other than a receiving 
country, through which a hazardous waste is transported.

[53 FR 27164, July 19, 1988]


[[Page 125]]





Sec. 262.52  General requirements.

    Exports of hazardous waste are prohibited except in compliance with 
the applicable requirements of this subpart and part 263. Exports of 
hazardous waste are prohibited unless:
    (a) Notification in accordance with Sec. 262.53 has been provided;
    (b) The receiving country has consented to accept the hazardous 
waste;
    (c) A copy of the EPA Acknowledgment of Consent to the shipment 
accompanies the hazardous waste shipment and, unless exported by rail, 
is attached to the manifest (or shipping paper for exports by water 
(bulk shipment)).
    (d) The hazardous waste shipment conforms to the terms of the 
receiving country's written consent as reflected in the EPA 
Acknowledgment of Consent.



Sec. 262.53  Notification of intent to export.

    (a) A primary exporter of hazardous waste must notify EPA of an 
intended export before such waste is 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 primary exporter, and include the following information:
    (1) Name, mailing address, telephone number and EPA ID number of the 
primary exporter;
    (2) By consignee, for each hazardous waste type:
    (i) A description of the hazardous waste and the EPA hazardous waste 
number (from 40 CFR part 261, subparts C and D), U.S. DOT proper 
shipping name, hazard class and ID number (UN/NA) for each hazardous 
waste as identified in 49 CFR parts 171 through 177;
    (ii) The estimated frequency or rate at which such waste is to be 
exported and the period of time over which such waste is to be exported.
    (iii) The estimated total quantity of the hazardous waste in units 
as specified in the instructions to the Uniform Hazardous Waste Manifest 
Form (8700-22);
    (iv) All points of entry to and departure from each foreign country 
through which the hazardous waste will pass;
    (v) A description of the means by which each shipment of the 
hazardous waste will be transported (e.g., mode of transportation 
vehicle (air, highway, rail, water, etc.), type(s) of container (drums, 
boxes, tanks, etc.));
    (vi) A description of the manner in which the hazardous waste will 
be treated, stored or disposed of in the receiving country (e.g., land 
or ocean incineration, other land disposal, ocean dumping, recycling);
    (vii) The name and site address of the consignee and any alternate 
consignee; and
    (viii) The name of any transit countries through which the hazardous 
waste will be sent and a description of the approximate length of time 
the hazardous waste will remain in such country and the nature of its 
handling while there;
    (b) Notifications submitted by mail should be sent to the following 
mailing address: Office of Enforcement and Compliance Assurance, Office 
of Compliance, Enforcement Planning, Targeting, and Data Division 
(2222A), Environmental Protection Agency, 401 M St., SW., Washington, DC 
20460. Hand-delivered notifications should be sent to: Office of 
Enforcement and Compliance Assurance, Office of Compliance, Enforcement 
Planning, Targeting, and Data Division (2222A), Environmental Protection 
Agency, Ariel Rios Bldg., 12th St. and Pennsylvania Ave., NW., 
Washington, DC. In both cases, the following shall be prominently 
displayed on the front of the envelope: ``Attention: Notification of 
Intent to Export.''
    (c) Except for changes to the telephone number in paragraph (a)(1) 
of this section, changes to paragraph (a)(2)(v) of this section and 
decreases in the quantity indicated pursuant to paragraph (a)(2)(iii) of 
this section when the conditions specified on the original notification 
change (including any exceedance of the estimate of the quantity of 
hazardous waste specified in the original notification), the primary 
exporter must provide EPA with a written renotification of the change. 
The shipment cannot take place until

[[Page 126]]

consent of the receiving country to the changes (except for changes to 
paragraph (a)(2)(viii) of this section and in the ports of entry to and 
departure from transit countries pursuant to paragraph (a)(2)(iv) of 
this section) has been obtained and the primary exporter receives an EPA 
Acknowledgment of Consent reflecting the receiving country's consent to 
the changes.
    (d) Upon request by EPA, a primary exporter shall furnish to EPA any 
additional information which a receiving country requests in order to 
respond to a notification.
    (e) In conjunction with the Department of State, 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) of this 
section. Where a claim of confidentiality is asserted with respect to 
any notification information required by paragraph (a) of this section, 
EPA may find the notification not complete until any such claim is 
resolved in accordance with 40 CFR 260.2.
    (f) Where the receiving country consents to the receipt of the 
hazardous waste, EPA will forward an EPA Acknowledgment of Consent to 
the primary exporter for purposes of Sec. 262.54(h). Where the receiving 
country objects to receipt of the hazardous waste or withdraws a prior 
consent, EPA will notify the primary exporter in writing. EPA will also 
notify the primary exporter of any responses from transit countries.

[51 FR 28682, Aug. 8, 1986, as amended at 56 FR 43705, Sept. 4, 1991; 61 
FR 16309, Apr. 12, 1996]

    Effective Date Note: At 61 FR 16309, Apr. 12, 1996, Sec. 262.53(b) 
was revised, effective July 11, 1996. For the convenience of the reader, 
the superseded text is set forth as follows:

Sec. 262.53  Notification of intent to export.

                                * * * * *

    (b) Notification shall be sent to the Office of Waste Programs 
Enforcement, RCRA Enforcement Division (OS-520), Environmental 
Protection Agency, 401 M Street SW., Washington, DC 20460 with 
``Attention: Notification to Export'' prominently displayed on the front 
of the envelope.

                                * * * * *



Sec. 262.54  Special manifest requirements.

    A primary exporter must comply with the manifest requirements of 40 
CFR 262.20 through 262.23 except that:
    (a) In lieu of the name, site address and EPA ID number of the 
designated permitted facility, the primary exporter must enter the name 
and site address of the consignee;
    (b) In lieu of the name, site address and EPA ID number of a 
permitted alternate facility, the primary exporter may enter the name 
and site address of any alternate consignee.
    (c) In Special Handling Instructions and Additional Information, the 
primary exporter must identify the point of departure from the United 
States;
    (d) The following statement must be added to the end of the first 
sentence of the certification set forth in Item 16 of the Uniform 
Hazardous Waste Manifest Form: ``and conforms to the terms of the 
attached EPA Acknowledgment of Consent'';
    (e) In lieu of the requirements of Sec. 262.21, the primary exporter 
must obtain the manifest form from the primary exporter's State if that 
State supplies the manifest form and requires its use. If the primary 
exporter's State does not supply the manifest form, the primary exporter 
may obtain a manifest form from any source.
    (f) The primary exporter must require the consignee to confirm in 
writing the delivery of the hazardous waste to that facility and to 
describe any significant discrepancies (as defined in 40 CFR 264.72(a)) 
between the manifest and the shipment. A copy of the manifest signed by 
such facility may be used to confirm delivery of the hazardous waste.
    (g) In lieu of the requirements of Sec. 262.20(d), where a shipment 
cannot be delivered for any reason to the designated or alternate 
consignee, the primary exporter must:
    (1) Renotify EPA of a change in the conditions of the original 
notification to allow shipment to a new consignee

[[Page 127]]

in accordance with Sec. 262.53(c) and obtain an EPA Acknowledgment of 
Consent prior to delivery; or
    (2) Instruct the transporter to return the waste to the primary 
exporter in the United States or designate another facility within the 
United States; and
    (3) Instruct the transporter to revise the manifest in accordance 
with the primary exporter's instructions.
    (h) The primary exporter must attach a copy of the EPA 
Acknowledgment of Consent to the shipment to the manifest which must 
accompany the hazardous waste shipment. For exports by rail or water 
(bulk shipment), the primary exporter must provide the transporter with 
an EPA Acknowledgment 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 
copy of the EPA Acknowledgment of Consent to the shipping paper.
    (i) The primary exporter shall provide the transporter with an 
additional copy of the manifest for delivery to the U.S. Customs 
official at the point the hazardous waste leaves the United States in 
accordance with Sec. 263.20(g)(4).



Sec. 262.55  Exception reports.

    In lieu of the requirements of Sec. 262.42, a primary exporter must 
file an exception report with the Administrator if:
    (a) He has not received a copy of the manifest signed by the 
transporter stating the date and place of departure from the United 
States within forty-five (45) days from the date it was accepted by the 
initial transporter;
    (b) Within ninety (90) days from the date the waste was accepted by 
the initial transporter, the primary exporter has not received written 
confirmation from the consignee that the hazardous waste was received;
    (c) The waste is returned to the United States.



Sec. 262.56  Annual reports.

    (a) Primary exporters of hazardous waste shall 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 waste exported during the previous calendar year. Such reports 
shall include the following:
    (1) The EPA identification number, name, and mailing and site 
address of the exporter;
    (2) The calendar year covered by the report;
    (3) The name and site address of each consignee;
    (4) By consignee, for each hazardous waste exported, a description 
of the hazardous waste, the EPA hazardous waste number (from 40 CFR part 
261, subpart C or D), DOT hazard class, the name and US EPA ID number 
(where applicable) for each transporter used, the total amount of waste 
shipped and number of shipments pursuant to each notification;
    (5) Except for hazardous waste produced by exporters of greater than 
100 kg but less than 1000 kg in a calendar month, unless provided 
pursuant to Sec. 262.41, in even numbered years:
    (i) A description of the efforts undertaken during the year to 
reduce the volume and toxicity of waste generated; and
    (ii) 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.
    (6) A certification signed by the primary exporter 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.

    (b) Annual reports submitted by mail should be sent to the following 
mailing address: Office of Enforcement and Compliance Assurance, Office 
of Compliance, Enforcement Planning, Targeting, and Data Division 
(2222A), Environmental Protection Agency, 401 M St., SW., Washington, DC 
20460. Hand-delivered reports should be sent to: Office of Enforcement 
and Compliance Assurance, Office of Compliance,

[[Page 128]]

Enforcement Planning, Targeting, and Data Division (2222A), 
Environmental Protection Agency, Ariel Rios Bldg., 12th St. and 
Pennsylvania Ave., NW., Washington, DC.

[51 FR 28682, Aug. 8, 1986, as amended at 56 FR 43705, Sept. 4, 1991; 61 
FR 16309, Apr. 12, 1996]

    Effective Date Note: At 61 FR 16309, Apr. 12, 1996, Sec. 262.56(b) 
was revised, effective July 11, 1996. For the convenience of the reader, 
the superseded text is set forth as follows:

Sec. 262.56  Annual reports.

                                * * * * *

    (b) Reports shall be sent to the following address: Office of Waste 
Programs Enforcement, RCRA Enforcement Division (OS-520), Environmental 
Protection Agency, 401 M Street SW., Washington, DC 20460.



Sec. 262.57  Recordkeeping.

    (a) For all exports a primary exporter must:
    (1) Keep a copy of each notification of intent to export for a 
period of at least three years from the date the hazardous waste was 
accepted by the initial transporter;
    (2) Keep a copy of each EPA Acknowledgment of Consent for a period 
of at least three years from the date the hazardous waste was accepted 
by the initial transporter;
    (3) Keep a copy of each confirmation of delivery of the hazardous 
waste from the consignee for at least three years from the date the 
hazardous waste was accepted by the initial transporter; and
    (4) Keep a copy of each annual report for a period of at least three 
years from the due date of the report.
    (b) 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.



Sec. 262.58  International agreements.

    (a) Any person who exports or imports hazardous waste subject to 
Federal manifest requirements of Part 262, or subject to the universal 
waste management standards of 40 CFR Part 273, or subject to State 
requirements analogous to 40 CFR Part 273, to or from designated member 
countries of the Organization for Economic Cooperation and Development 
(OECD) as defined in paragraph (a)(1) of this section for purposes of 
recovery is subject to Subpart H of this part. The requirements of 
Subparts E and F do not apply.
    (1) For the purposes of this Subpart, the designated OECD countries 
consist of Australia, Austria, Belgium, Denmark, Finland, France, 
Germany, Greece, Iceland, Ireland, Italy, Japan, Luxembourg, 
Netherlands, New Zealand, Norway, Portugal, Spain, Sweden, Switzerland, 
Turkey, United Kingdom, and the United States.
    (2) For the purposes of this Subpart, Canada and Mexico are 
considered OECD member countries only for the purpose of transit.
    (b) Any person who exports hazardous waste to or imports hazardous 
waste from: a designated OECD member country for purposes other than 
recovery (e.g., incineration, disposal), Mexico (for any purpose), or 
Canada (for any purpose) remains subject to the requirements of subparts 
E and F of this part.

[61 FR 16310, Apr. 12, 1996]

    Effective Date Note: At 61 FR 16310, Apr. 12, 1996, Sec. 262.58 was 
amended by adding text to the existing heading, effective July 11, 1996.



                  Subpart F--Imports of Hazardous Waste



Sec. 262.60  Imports of hazardous waste.

    (a) Any 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 subpart.
    (b) When importing hazardous waste, a person must meet all the 
requirements of Sec. 262.20(a) for the manifest except that:
    (1) 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.
    (2) In place of the generator's signature on the certification 
statement, the U.S. importer or his agent must

[[Page 129]]

sign and date the certification and obtain the signature of the initial 
transporter.
    (c) A person who imports hazardous waste must obtain the manifest 
form from the consignment State if the State supplies the manifest and 
requires its use. If the consignment State does not supply the manifest 
form, then the manifest form may be obtained from any source.

[51 FR 28685, Aug. 8, 1986]



                           Subpart G--Farmers



Sec. 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 
part or other standards in 40 CFR parts 264, 265, 268, or 270 for those 
wastes provided he triple rinses each emptied pesticide container in 
accordance with Sec. 261.7(b)(3) and disposes of the pesticide residues 
on his own farm in a manner consisent with the disposal instructions on 
the pesticide label.

[53 FR 27165, July 19, 1988]



   Subpart H--Transfrontier Shipments of Hazardous Waste for Recovery 
                             within the OECD

    Source: 61 FR 16310, Apr. 12, 1996, unless otherwise noted.

    Effective Date Note: At 61 FR 16310, Apr. 12, 1996, Secs. 262.80--
262.89 (Subpart H) was added, effective July 11, 1996.



Sec. 262.80  Applicability.

    (a) The requirements of this subpart apply to imports and exports of 
wastes that are considered hazardous under U.S. national procedures and 
are destined for recovery operations in the countries listed in 
Sec. 262.58(a)(1). A waste is considered hazardous under U.S. national 
procedures if it meets the Federal definition of hazardous waste in 40 
CFR 261.3 and it is subject to either the Federal manifesting 
requirements at 40 CFR Part 262, Subpart B, to the universal waste 
management standards of 40 CFR Part 273, or to State requirements 
analogous to 40 CFR Part 273.
    (b) Any person (notifier, consignee, 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 non-hazardous 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 
notifier duties, if applicable, under this subpart.



Sec. 262.81  Definitions.

    The following definitions apply to this subpart.
    (a) Competent authorities means the regulatory authorities of 
concerned countries having jurisdiction over transfrontier movements of 
wastes destined for recovery operations.
    (b) Concerned countries means the exporting and importing OECD 
member countries and any OECD member countries of transit.
    (c) Consignee means the person to whom possession or other form of 
legal control of the waste is assigned at the time the waste is received 
in the importing country.
    (d) Country of transit means any designated OECD country in 
Sec. 262.58(a)(1) and (a)(2) other than the exporting or importing 
country across which a transfrontier movement of wastes is planned or 
takes place.
    (e) Exporting country means any designated OECD member country in 
Sec. 262.58(a)(1) from which a transfrontier movement of wastes is 
planned or has commenced.
    (f) Importing country means any designated OECD country in 
Sec. 262.58(a)(1) to which a transfrontier movement of wastes is planned 
or takes place for the purpose of submitting the wastes to recovery 
operations therein.
    (g) Notifier means the person under the jurisdiction of the 
exporting country who has, or will have at the time the planned 
transfrontier movement commences, possession or other forms of legal 
control of the wastes and who proposes their transfrontier movement for 
the ultimate purpose of submitting them to recovery operations. When the 
United States (U.S.) is the exporting

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country, notifier is interpreted to mean a person domiciled in the U.S.
    (h) OECD area means all land or marine areas under the national 
jurisdiction of any designated OECD member country in Sec. 262.58. When 
the regulations refer to shipments to or from an OECD country, this 
means OECD area.
    (i) 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 transfrontier movements of wastes destined for 
recovery operations.
    (j) Recovery facility means an entity which, under applicable 
domestic law, is operating or is authorized to operate in the importing 
country to receive wastes and to perform recovery operations on them.
    (k) Recovery operations means activities leading to resource 
recovery, recycling, reclamation, direct re-use or alternative uses as 
listed in Table 2.B of the Annex of OECD Council Decision C(88)90(Final) 
of 27 May 1988, (available from the Environmental Protection Agency, 
RCRA Information Center (RIC), 1235 Jefferson-Davis Highway, first 
floor, Arlington, VA 22203 (Docket # F-94-IEHF-FFFFF) and the 
Organisation for Economic Co-operation and Development, Environment 
Direcorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France) which 
include:

R1  Use as a fuel (other than in direct incineration) or other means to 
generate energy
R2  Solvent reclamation/regeneration
R3  Recycling/reclamation of organic substances which are not used as 
solvents
R4  Recycling/reclamation of metals and metal compounds
R5  Recycling/reclamation of other inorganic materials
R6  Regeneration of acids or bases
R7  Recovery of components used for pollution control
R8  Recovery of components from catalysts
R9  Used oil re-refining or other reuses of previously used oil
R10  Land treatment resulting in benefit to agriculture or ecological 
improvement
R11  Uses of residual materials obtained from any of the operations 
numbered R1-R10
R12  Exchange of wastes for submission to any of the operations numbered 
R1-R11
R13  Accumulation of material intended for any operation in Table 2.B

    (l) Transfrontier movement means any shipment of wastes destined for 
recovery operations from an area under the national jurisdiction of one 
OECD member country to an area under the national jurisdiction of 
another OECD member country.



Sec. 262.82  General conditions.

    (a) Scope. The level of control for exports and imports of waste is 
indicated by assignment of the waste to a green, amber, or red list and 
by U.S. national procedures as defined in Sec. 262.80(a). The green, 
amber, and red lists are incorporated by reference in Sec. 262.89 (e).
    (1) Wastes on the green list are subject to existing controls 
normally applied to commercial transactions, except as provided below:
    (i) Green-list wastes that are considered hazardous under U.S. 
national procedures are subject to amber-list controls.
    (ii) Green-list waste that are sufficiently contaminated or mixed 
with amber-list wastes, such that the waste or waste mixture is 
considered hazardous under U.S. national procedures, are subject to 
amber-list controls.
    (iii) Green-list wastes that are sufficiently contaminated or mixed 
with other wastes subject to red-list controls such that the waste or 
waste mixture is considered hazardous under U.S. national procedures 
must be handled in accordance with the red-list controls.
    (2) Wastes on the amber list that are considered hazardous under 
U.S. national procedures as defined in Sec. 262.80(a) are subject to the 
amber-list controls of this Subpart.
    (i) If amber-list wastes are sufficiently contaminated or mixed with 
other wastes subject to red-list controls such that the waste or waste 
mixture is considered hazardous under U.S.

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national procedures, the wastes must be handled in accordance with the 
red-list controls.
    (ii) [Reserved].
    (3) Wastes on the red list that are considered hazardous under U.S. 
national procedures as defined in Sec. 262.80(a) are subject to the red-
list controls of this subpart.

    Note to paragraph (a)(3): Some wastes on the amber or red lists are 
not listed or otherwise identified as hazardous under RCRA (e.g., 
polychlorinated biphenyls) and therefore are not subject to the amber- 
or red-list controls of this subpart. Regardless of the status of the 
waste under RCRA, however, other Federal environmental statutes (e.g., 
the Toxic Substances Control Act) may restrict certain waste imports or 
exports. Such restrictions continue to apply without regard to this 
Subpart.

    (4) Wastes not yet assigned to a list are eligible for transfrontier 
movements, as follows:
    (i) If such wastes are considered hazardous under U.S. national 
procedures as defined in Sec. 262.80(a), these wastes are subject to the 
red-list controls; or
    (ii) If such wastes are not considered hazardous under U.S. national 
procedures as defined in Sec. 262.80(a), such wastes may move as though 
they appeared on the green list.
    (b) General conditions applicable to transfrontier movements of 
hazardous waste.
    (1) The waste must be destined for recovery operations at a facility 
that, under applicable domestic law, is operating or is authorized to 
operate in the importing country;
    (2) The transfrontier 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 waste through a non-OECD member country must be 
conducted in compliance with all applicable international and national 
laws and regulations.
    (c) Provisions relating to re-export for recovery to a third 
country.
    (1) Re-export of wastes subject to the amber-list control system 
from the U.S., as the importing country, to a third country listed in 
Sec. 262.58(a)(1) may occur only after a notifier in the U.S. provides 
notification to and obtains consent of the competent authorities in the 
third country, the original exporting country, and new transit 
countries. The notification must comply with the notice and consent 
procedures in Sec. 262.83 for all concerned countries and the original 
exporting country. The competent authorities of the original exporting 
country as well as the competent authorities of all other concerned 
countries have 30 days to object to the proposed movement.
    (i) The 30-day period begins once the competent authorities of both 
the initial exporting country and new importing country issue 
Acknowledgements of Receipt of the notification.
    (ii) The transfrontier movement may commence if no objection has 
been lodged after the 30-day period has passed or immediately after 
written consent is received from all relevant OECD importing and transit 
countries.
    (2) Re-export of waste subject to the red-list control system from 
the original importing country to a third country listed in 
Sec. 262.58(a)(1) may occur only following notification of the competent 
authorities of the third country, the original exporting country, and 
new transit countries by a notifier in the original importing country in 
accordance with Sec. 262.83. The transfrontier movement may not proceed 
until receipt by the original importing country of written consent from 
the competent authorities of the third country, the original exporting 
country, and new transit countries.
    (3) In the case of re-export of amber or red-list wastes to a 
country other than those in Sec. 262.58(a)(1), notification to and 
consent of the competent authorities of the original OECD member country 
of export and any OECD member countries of transit is required as 
specified in paragraphs (c)(1) and (c)(2) of this section in addition to 
compliance with all international agreements and arrangements to which 
the first importing OECD member country is a

[[Page 132]]

party and all applicable regulatory requirements for exports from the 
first importing country.



Sec. 262.83  Notification and consent.

    (a) Applicability. Consent must be obtained from the competent 
authorities of the relevant OECD importing and transit countries prior 
to exporting hazardous waste destined for recovery operations subject to 
this Subpart. Hazardous wastes subject to amber-list controls are 
subject to the requirements of paragraph (b) of this section; hazardous 
wastes subject to red-list controls are subject to the requirements of 
paragraph (c) of this section; and wastes not identified on any list are 
subject to the requirements of paragraph (d) of this section.
    (b) Amber-list wastes. The export from the U.S. of hazardous wastes 
as described in Sec. 262.80(a) that appear on the amber list is 
prohibited unless the notification and consent requirements of paragraph 
(b)(1) or paragraph (b)(2) of this section are met.
    (1) Transactions requiring specific consent:
    (i) Notification. At least 45 days prior to commencement of the 
transfrontier movement, the notifier must provide written notification 
in English of the proposed transfrontier movement to the Office of 
Enforcement and Compliance Assurance, Office of Compliance, Enforcement 
Planning, Targeting and Data Division (2222A), Environmental Protection 
Agency, 401 M St., SW., Washington, DC 20460, with the words 
``Attention: OECD Export Notification'' prominently displayed on the 
envelope. This notification must include all of the information 
identified in paragraph (e) of this section. In cases where wastes 
having similar physical and chemical characteristics, the same United 
Nations classification, and the same RCRA waste codes are to be sent 
periodically to the same recovery facility by the same notifier, the 
notifier may submit one notification of intent to export these wastes in 
multiple shipments during a period of up to one year.
    (ii) Tacit consent. If no objection has been lodged by any concerned 
country (i.e., exporting, importing, or transit countries) to a 
notification provided pursuant to paragraph (b)(1)(i) of this section 
within 30 days after the date of issuance of the Acknowledgment of 
Receipt of notification by the competent authority of the importing 
country, the transfrontier movement may commence. Tacit consent expires 
one calendar year after the close of the 30 day period; renotification 
and renewal of all consents is required for exports after that date.
    (iii) Written consent. If the competent authorities of all the 
relevant OECD importing and transit countries provide written consent in 
a period less than 30 days, the transfrontier movement may commence 
immediately after all necessary consents are received. Written consent 
expires for each relevant OECD importing and transit country one 
calendar year after the date of that country's consent unless otherwise 
specified; renotification and renewal of each expired consent is 
required for exports after that date.
    (2) Shipments to facilities pre-approved by the competent 
authorities of the importing countries to accept specific wastes for 
recovery:
    (i) The notifier must provide EPA the information identified in 
paragraph (e) of this section in English, at least 10 days in advance of 
commencing shipment to a pre-approved facility. The notification should 
indicate that the recovery facility is pre-approved, and may apply to a 
single specific shipment or to multiple shipments as described in 
paragraph (b)(1)(i) of this section. This information must be sent to 
the Office of Enforcement and Compliance Assurance, Office of 
Compliance, Enforcement Planning, Targeting and Data Division (2222A), 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460, 
with the words ``OECD Export Notification--Pre-approved Facility'' 
prominently displayed on the envelope.
    (ii) Shipments may commence after the notification required in 
paragraph (b)(1)(i) of this section has been received by the competent 
authorities of all concerned countries, unless the notifier has received 
information indicating that the competent authorities of one or more 
concerned countries objects to the shipment.

[[Page 133]]

    (c) Red-list wastes. The export from the U.S. of hazardous wastes as 
described in Sec. 262.80(a) that appear on the red list is prohibited 
unless notice is given pursuant to paragraph (b)(1)(i) of this section 
and the notifier receives written consent from the importing country and 
any transit countries prior to commencement of the transfrontier 
movement.
    (d) Unlisted wastes. Wastes not assigned to the green, amber, or red 
list that are considered hazardous under U.S. national procedures as 
defined in Sec. 262.80(a) are subject to the notification and consent 
requirements established for red-list wastes in accordance with 
paragraph (c) of this section. Unlisted wastes that are not considered 
hazardous under U.S. national procedures as defined in Sec. 262.80(a) 
are not subject to amber or red controls when exported or imported.
    (e) Notification information. Notifications submitted under this 
section must include:
    (1) Serial number or other accepted identifier of the notification 
form;
    (2) Notifier name and EPA identification number (if applicable), 
address, and telephone and telefax numbers;
    (3) Importing recovery facility name, address, telephone and telefax 
numbers, and technologies employed;
    (4) Consignee name (if not the owner or operator of the recovery 
facility) address, and telephone and telefax numbers; whether the 
consignee will engage in waste exchange or storage prior to delivering 
the waste to the final recovery facility and identification of recovery 
operations to be employed at the final recovery facility;
    (5) Intended transporters and/or their agents;
    (6) Country of export and relevant competent authority, and point of 
departure;
    (7) Countries of transit and relevant competent authorities and 
points of entry and departure;
    (8) Country of import and relevant competent authority, and point of 
entry;
    (9) Statement of whether the notification is a single notification 
or a general notification. If general, include period of validity 
requested;
    (10) Date foreseen for commencement of transfrontier movement;
    (11) Designation of waste type(s) from the appropriate list (amber 
or red and waste list code), descriptions of each waste type, estimated 
total quantity of each, RCRA waste code, and United Nations number for 
each waste type; and
    (12) Certification/Declaration signed by the notifier 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 guarantees are or shall be in force 
covering the transfrontier movement.

Name:___________________________________________________________________
Signature:______________________________________________________________
Date:___________________________________________________________________

    Note to paragraph (e)(12): The U.S. does not currently require 
financial assurance; however, U.S. exporters may be asked by other 
governments to provide and certify to such assurance as a condition of 
obtaining consent to a proposed movement.



Sec. 262.84  Tracking document.

    (a) All U.S. parties subject to the contract provisions of 
Sec. 262.85 must ensure that a tracking document meeting the conditions 
of Sec. 262.84(b) accompanies each transfrontier shipment of wastes 
subject to amber-list or red-list controls from the initiation of the 
shipment until it reaches the final recovery facility, including cases 
in which the waste is stored and/or exchanged by the consignee prior to 
shipment to the final recovery facility, except as provided in 
Secs. 262.84(a)(1) and (2).
    (1) For shipments of hazardous waste within the U.S. solely by water 
(bulk shipments only) the generator must forward the tracking document 
with the manifest to the last water (bulk shipment) transporter to 
handle the waste in the U.S. if exported by water, (in accordance with 
the manifest routing procedures at Sec. 262.23(c)).
    (2) For rail shipments of hazardous waste within the U.S. which 
originate at the site of generation, the generator must forward the 
tracking document with the manifest (in accordance with the routing 
procedures for the manifest

[[Page 134]]

in Sec. 262.23(d)) to the next non-rail transporter, if any, or the last 
rail transporter to handle the waste in the U.S. if exported by rail.
    (b) The tracking document must include all information required 
under Sec. 262.83 (for notification), and the following:
    (1) Date shipment commenced.
    (2) Name (if not notifier), address, and telephone and telefax 
numbers of primary exporter.
    (3) Company name and EPA ID number of all transporters.
    (4) Identification (license, registered name or registration number) 
of means of transport, including types of packaging.
    (5) Any special precautions to be taken by transporters.
    (6) Certification/declaration signed by notifier that no objection 
to the shipment has been lodged as follows:

    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, that any applicable 
insurance or other financial guarantees are or shall be in force 
covering the transfrontier movement, and that:
    1. All necessary consents have been received; OR
    2. The shipment is directed at a recovery facility within the OECD 
area and no objection has been received from any of the concerned 
countries within the 30 day tacit consent period; OR
    3. The shipment is directed at a recovery facility pre-authorized 
for that type of waste within the OECD area; such an authorization has 
not been revoked, and no objection has been received from any of the 
concerned countries.

(delete sentences that are not applicable)

Name:___________________________________________________________________
Signature:______________________________________________________________
Date:___________________________________________________________________

    (7) Appropriate signatures for each custody transfer (e.g. 
transporter, consignee, and owner or operator of the recovery facility).
    (c) Notifiers also must comply with the special manifest 
requirements of 40 CFR 262.54(a), (b), (c), (e), and (i) and consignees 
must comply with the import requirements of 40 CFR part 262, subpart F.
    (d) Each U.S. person that has physical custody of the waste from the 
time the movement commences until it arrives at the recovery facility 
must sign the tracking document (e.g. transporter, consignee, and owner 
or operator of the recovery facility).
    (e) Within 3 working days of the receipt of imports subject to this 
Subpart, the owner or operator of the U.S. recovery facility must send 
signed copies of the tracking document to the notifier, to the Office of 
Enforcement and Compliance Assurance, Office of Compliance, Enforcement 
Planning, Targeting and Data Division (2222A), Environmental Protection 
Agency, 401 M St., SW., Washington, DC 20460, and to the competent 
authorities of the exporting and transit countries.



Sec. 262.85  Contracts.

    (a) Transfrontier movements of hazardous wastes subject to amber or 
red control procedures 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 notifier and the owner or operator 
of the recovery 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 arrangement.
    (b) Contracts or equivalent arrangements must specify the name and 
EPA ID number, where available, of:
    (1) The generator of each type of waste;
    (2) Each person who will have physical custody of the wastes;
    (3) Each person who will have legal control of the wastes; and
    (4) The recovery facility.
    (c) Contracts or equivalent arrangements must specify which party to 
the contract will assume responsibility for alternate management of the 
wastes if its disposition cannot be carried out as described in the 
notification of intent to export. In such cases, contracts must specify 
that:

[[Page 135]]

    (1) The person having actual possession or physical control over the 
wastes will immediately inform the notifier and the competent 
authorities of the exporting and importing countries and, if the wastes 
are located in a country of transit, the competent authorities of that 
country; and
    (2) The person specified in the contract will assume responsibility 
for the adequate management of the wastes in compliance with applicable 
laws and regulations including, if necessary, arranging their return to 
the original country of export.
    (d) Contracts must specify that the consignee will provide the 
notification required in Sec. 262.82(c) prior to re-export of controlled 
wastes to a third country.
    (e) Contracts or equivalent arrangements must include provisions for 
financial guarantees, if required by the competent authorities of any 
concerned country, in accordance with applicable national or 
international law requirements.

    Note to paragraph (e): 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 U.S. 
does not require such financial guarantees at this time; however, some 
OECD countries do. It is the responsibility of the notifier to ascertain 
and comply with such requirements; in some cases, transporters or 
consignees may refuse to enter into the necessary contracts absent 
specific references or certifications to financial guarantees.

    (f) Contracts or equivalent arrangements must contain provisions 
requiring each contracting party to comply with all applicable 
requirements of this subpart.
    (g) Upon request by EPA, U.S. notifiers, consignees, 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). Information contained 
in the contracts or equivalent arrangements for which a claim of 
confidentiality is asserted accordance with 40 CFR 2.203(b) will be 
treated as confidential and will be disclosed by EPA only as provided in 
40 CFR 260.2.

    Note to paragraph (g): Although the U.S. does not require routine 
submission of contracts at this time, OECD Council Decision C(92)39/
FINAL allows members to impose such requirements. When other OECD 
countries require submission of partial or complete copies of the 
contract as a condition to granting consent to proposed movements, EPA 
will request the required information; absent submission of such 
information, some OECD countries may deny consent for the proposed 
movement.



Sec. 262.86  Provisions relating to recognized traders.

    (a) A recognized trader who takes physical custody of a waste and 
conducts recovery operations (including storage prior to recovery) is 
acting as the owner or operator of a recovery facility and must be so 
authorized in accordance with all applicable Federal laws.
    (b) A recognized trader acting as a notifier or consignee for 
transfrontier shipments of waste must comply with all the requirements 
of this Subpart associated with being a notifier or consignee.



Sec. 262.87  Reporting and recordkeeping.

    (a) Annual reports. For all waste movements subject to this Subpart, 
persons (e.g., notifiers, recognized traders) who meet the definition of 
primary exporter in Sec. 262.51 shall file an annual report with the 
Office of Enforcement and Compliance Assurance, Office of Compliance, 
Enforcement Planning, Targeting and Data Division (2222A), Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460, 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. (If the primary exporter is required to file an 
annual report for waste exports that are not covered under this Subpart, 
he may include all export information in one report provided the 
following information on exports of waste destined for recovery within 
the designated OECD member countries is contained in a separate 
section). Such reports shall include the following:
    (1) The EPA identification number, name, and mailing and site 
address of the notifier filing the report;

[[Page 136]]

    (2) The calendar year covered by the report;
    (3) The name and site address of each final recovery facility;
    (4) By final recovery facility, for each hazardous waste exported, a 
description of the hazardous waste, the EPA hazardous waste number (from 
40 CFR part 261, subpart C or D), designation of waste type(s) from OECD 
waste list and applicable waste code from the OECD lists, DOT hazard 
class, the name and U.S. EPA identification number (where applicable) 
for each transporter used, the total amount of hazardous waste shipped 
pursuant to this Subpart, and number of shipments pursuant to each 
notification;
    (5) In even numbered years, for each hazardous waste exported, 
except for hazardous waste produced by exporters of greater than 100kg 
but less than 1000kg in a calendar month, and except for hazardous waste 
for which information was already provided pursuant to Sec. 262.41:
    (i) A description of the efforts undertaken during the year to 
reduce the volume and toxicity of 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 person acting as primary 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.

    (b) Exception reports. Any person who meets the definition of 
primary exporter in Sec. 262.51 must file an exception report in lieu of 
the requirements of Sec. 262.42 with the Administrator if any of the 
following occurs:
    (1) He has not received a copy of the tracking documentation signed 
by the transporter stating point of departure of the waste from the 
United States, within forty-five (45) days from the date it was accepted 
by the initial transporter;
    (2) Within ninety (90) days from the date the waste was accepted by 
the initial transporter, the notifier has not received written 
confirmation from the recovery facility that the hazardous waste was 
received;
    (3) The waste is returned to the United States.
    (c) Recordkeeping. (1) Persons who meet the definition of primary 
exporter in Sec. 262.51 shall keep the following records:
    (i) A copy of each notification of intent to export and all written 
consents obtained from the competent authorities of concerned countries 
for a period of at least three 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 
years from the due date of the report; and
     (iii) A copy of any exception reports and a copy of each 
confirmation of delivery (i.e., tracking documentation) sent by the 
recovery facility to the notifier for at least three years from the date 
the hazardous waste was accepted by the initial transporter or received 
by the recovery facility, whichever is applicable.
    (2) 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.



Sec. 262.88  Pre-approval for U.S. Recovery Facilities (Reserved).



Sec. 262.89  OECD Waste Lists.

    (a) General. For the purposes of this Subpart, a waste is considered 
hazardous under U.S. national procedures, and hence subject to this 
Subpart, if the waste:
    (1) Meets the Federal definition of hazardous waste in 40 CFR 261.3; 
and
    (2) Is subject to either the Federal RCRA manifesting requirements 
at 40 CFR part 262, subpart B, to the universal waste management 
standards of 40 CFR part 273, or to State requirements analogous to 40 
CFR part 273.

[[Page 137]]

    (b) If a waste is hazardous under paragraph (a) of this section and 
it appears on the amber or red list, it is subject to amber- or red-list 
requirements respectively;
    (c) If a waste is hazardous under paragraph (a) of this section and 
it does not appear on either amber or red lists, it is subject to red-
list requirements.
    (d) The appropriate control procedures for hazardous wastes and 
hazardous waste mixtures are addressed in Sec. 262.82.
    (e) The OECD Green List of Wastes (revised May 1994), Amber List of 
Wastes and Red List of Wastes (both revised May 1993) as set forth in 
Appendix 3, Appendix 4 and Appendix 5, respectively, to the OECD Council 
Decision C(92)39/FINAL (Concerning the Control of Transfrontier 
Movements of Wastes Destined for Recovery Operations) are incorporated 
by reference. These incorporations by reference were approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51 on July 11, 1996. These materials are incorporated as they 
exist on the date of the approval and a notice of any change in these 
materials will be published in the Federal Register. The materials are 
available for inspection at: the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC; the U.S. 
Environmental Protection Agency, RCRA Information Center (RIC), 1235 
Jefferson-Davis Highway, first floor, Arlington, VA 22203 (Docket # F-
94-IEHF-FFFFF) and may be obtained from the Organisation for Economic 
Co-operation and Development, Environment Direcorate, 2 rue Andre 
Pascal, 75775 Paris Cedex 16, France.

Appendix to Part 262--Uniform Hazardous Waste Manifest and Instructions 
         (EPA Forms 8700-22 and 8700-22A and Their Instructions)

                          U.S. EPA Form 8700-22

    Read all instructions before completing this form.
    This form has been designed for use on a 12-pitch (elite) 
typerwriter; a firm point pen may also be used--press down hard.
    Federal regulations require generators and transporters of hazardous 
waste and owners or operators of hazardous waste treatment, storage, and 
disposal facilities to use this form (8700-22) and, if necessary, the 
continuation sheet (Form 8700-22A) for both inter and intrastate 
transportation.
    Federal regulations also require generators and transporters of 
hazardous waste and owners or operators of hazardous waste treatment, 
storage and disposal facilities to complete the following information:

                                * * * * *

[[Page 138]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.004



[[Page 139]]

    The following statement must be included with each Uniform Hazardous 
Waste Manifest, either on the form, in the instructions to the form, or 
accompanying the form:

    Public reporting burden for this collection of information is 
estimated to average: 37 minutes for generators, 15 minutes for 
transporters, and 10 minutes for treatment, storage and disposal 
facilities. This includes time for reviewing instructions, gathering 
data, and completing and reviewing the form. Send comments regarding the 
burden estimate, including suggestions for reducing this burden, to: 
Chief, Information Policy Branch, PM-223, U.S. Environmental Protection 
Agency, 401 M Street SW., Washington, DC 20460; and to the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
Washington, DC 20503.

                               GENERATORS

    Item 1. Generator's U.S. EPA ID Number--Manifest Document Number

    Enter the generator's U.S. EPA twelve digit identification number 
and the unique five digit number assigned to this Manifest (e.g., 00001) 
by the generator.

                         Item 2. Page 1 of ----

    Enter the total number of pages used to complete this Manifest, 
i.e., the first page (EPA Form 8700-22) plus the number of Continuation 
Sheets (EPA Form 8700-22A), if any.

              Item 3. Generator's Name and Mailing Address

    Enter the name and mailing address of the generator. The address 
should be the location that will manage the returned Manifest forms.

                    Item 4. Generator's Phone Number

    Enter a telephone number where an authorized agent of the generator 
may be reached in the event of an emergency.

                   Item 5. Transporter 1 Company Name

    Enter the company name of the first transporter who will transport 
the waste.

                       Item 6. U.S. EPA ID Number

    Enter the U.S. EPA twelve digit identification number of the first 
transporter identified in item 5.

                   Item 7. Transporter 2 Company Name

    If applicable, enter the company name of the second transporter who 
will transport the waste. If more than two transporters are used to 
transport the waste, use a Continuation Sheet(s) (EPA Form 8700-22A) and 
list the transporters in the order they will be transporting the waste.

                       Item 8. U.S. EPA ID Number

    If applicable, enter the U.S. EPA twelve digit identification number 
of the second transporter identified in item 7.

    Note: If more than two transporters are used, enter each additional 
transporter's company name and U.S. EPA twelve digit identification 
number in items 24-27 on the Continuation Sheet (EPA Form 8700-22A). 
Each Continuation Sheet has space to record two additional transporters. 
Every transporter used between the generator and the designated facility 
must be listed.

            Item 9. Designated Facility Name and Site Address

    Enter the company name and site address of the facility designated 
to receive the waste listed on this Manifest. The address must be the 
site address, which may differ from the company mailing address.

                       Item 10. U.S. EPA ID Number

    Enter the U.S. EPA twelve digit identification number of the 
designated facility identified in item 9.

 Item 11. U.S. DOT Description [Including Proper Shipping Name, Hazard 
                      Class, and ID Number (UN/NA)]

    Enter the U.S. DOT Proper Shipping Name, Hazard Class, and ID Number 
(UN/NA) for each waste as identified in 49 CFR 171 through 177.

    Note: If additional space is needed for waste descriptions, enter 
these additional descriptions in item 28 on the Continuation Sheet (EPA 
Form 8700-22A).

                   Item 12. Containers (No. and Type)

    Enter the number of containers for each waste and the appropriate 
abbreviation from Table I (below) for the type of container.

                      Table I--Types of Containers

DM=Metal drums, barrels, kegs
DW=Wooden drums, barrels, kegs
DF=Fiberboard or plastic drums, barrels, kegs
TP=Tanks portable
TT=Cargo tanks (tank trucks)
TC=Tank cars
DT=Dump truck
CY=Cylinders
CM=Metal boxes, cartons, cases (including roll-offs)
CW=Wooden boxes, cartons, cases
CF=Fiber or plastic boxes, cartons, cases
BA=Burlap, cloth, paper or plastic bags

[[Page 140]]

                         Item 13. Total Quantity

    Enter the total quantity of waste described on each line.

                        Item 14. Unit (Wt./Vol.)

    Enter the appropriate abbreviation from Table II (below) for the 
unit of measure.

                       Table II--Units of Measure

G=Gallons (liquids only)
P=Pounds
T=Tons (2000 lbs)
Y=Cubic yards
L=Liters (liquids only)
K=Kilograms
M=Metric tons (1000 kg)
N=Cubic meters

    Item 15. Special Handling Instructions and Additional Information

    Generators may use this space to indicate special transportation, 
treatment, storage, or disposal information or Bill of Lading 
information. States may not require additional, new, or different 
information in this space. For international shipments, generators must 
enter in this space the point of departure (City and State) for those 
shipments destined for treatment, storage, or disposal outside the 
jurisdiction of the United States.

                   Item 16. Generator's Certification

    The generator must read, sign (by hand), and date the certification 
statement. If a mode other than highway is used, the word ``highway'' 
should be lined out and the appropriate mode (rail, water, or air) 
inserted in the space below. If another mode in addition to the highway 
mode is used, enter the appropriate additional mode (e.g., and rail) in 
the space below.
    Primary exporters shipping hazardous wastes to a facility located 
outside of the United States must add to the end of the first sentence 
of the certification the following words ``and conforms to the terms of 
the EPA Acknowledgment of Consent to the shipment.''
    In signing the waste minimization certification statement, those 
generators who have not been exempted by statute or regulation from the 
duty to make a waste minimization certification under section 3002(b) of 
RCRA are also certifying that they have complied with the waste 
minimization requirements.
    Generators may preprint the words, ``On behalf of'' in the signature 
block or may hand write this statement in the signature block prior to 
signing the generator certifications.

    Note: All of the above information except the handwritten signature 
required in item 16 may be preprinted.

                                * * * * *

                              TRANSPORTERS

     Item 17. Transporter 1 Acknowledgement of Receipt of Materials

    Enter the name of the person accepting the waste on behalf of the 
first transporter. That person must acknowledge acceptance of the waste 
described on the Manifest by signing and entering the date of receipt.

     Item 18. Transporter 2 Acknowledgement of Receipt of Materials

    Enter, if applicable, the name of the person accepting the waste on 
behalf of the second transporter. That person must acknowledge 
acceptance of the waste described on the Manifest by signing and 
entering the date of receipt.

    Note: International Shipments--Transporter Responsibilities.

Exports--Transporters must sign and enter the date the waste left the 
United States in item 15 of Form 8700-22.

Imports--Shipments of hazardous waste regulated by RCRA and transported 
into the United States from another country must upon entry be 
accompanied by the U.S. EPA Uniform Hazardous Waste Manifest. 
Transporters who transport hazardous waste into the United States from 
another country are responsible for completing the Manifest (40 CFR 
263.10(c)(1)).

   Owners and Operators of Treatment, Storage, or Disposal Facilities

                  Item 19. Discrepancy Indication Space

    The authorized representative of the designated (or alternate) 
facility's owner or operator must note in this space any significant 
discrepancy between the waste described on the Manifest and the waste 
actually received at the facility.
    Owners and operators of facilities located in unauthorized States 
(i.e., the U.S. EPA administers the hazardous waste management program) 
who cannot resolve significant discrepancies within 15 days of receiving 
the waste must submit to their Regional Administrator (see list below) a 
letter with a copy of the Manifest at issue describing the discrepancy 
and attempts to reconcile it (40 CFR 264.72 and 265.72).
    Owners and operators of facilities located in authorized States 
(i.e., those States that have received authorization from the U.S. EPA 
to administer the hazardous waste program) should contact their State 
agency for

[[Page 141]]

information on State Discrepancy Report requirements.

                       EPA Regional Administrators

Regional Administrator, U.S. EPA Region I, J.F. Kennedy Fed. Bldg., 
Boston, MA 02203
Regional Administrator, U.S. EPA Region II, 26 Federal Plaza, New York, 
NY 10278
Regional Administrator, U.S. EPA Region III, 6th and Walnut Sts., 
Philadelphia, PA 19106
Regional Administrator, U.S. EPA Region IV, 345 Courtland St., NE., 
Atlanta, GA 30365
Regional Administrator, U.S. EPA Region V, 230 S. Dearborn St., Chicago, 
IL 60604
Regional Administrator, U.S. EPA Region VI, 1201 Elm Street, Dallas, TX 
75270
Regional Administrator, U.S. EPA Region VII, 324 East 11th Street, 
Kansas City, MO 64106
Regional Administrator, U.S. EPA Region VIII, 1860 Lincoln Street, 
Denver, CO 80295
Regional Administrator, U.S. EPA Region IX, 215 Freemont Street, San 
Francisco, CA 94105
Regional Administrator, U.S. EPA Region X, 1200 Sixth Avenue, Seattle, 
WA 98101

    Item 20. Facility Owner or Operator: Certification of Receipt of 
 Hazardous Materials Covered by This Manifest Except as Noted in Item 19

    Print or type the name of the person accepting the waste on behalf 
of the owner or operator of the facility. That person must acknowledge 
acceptance of the waste described on the Manifest by signing and 
entering the date of receipt.
    Items A-K are not required by Federal regulations for intra- or 
interstate transportation. However, States may require generators and 
owners or operators of treatment, storage, or disposal facilities to 
complete some or all of items A-K as part of State manifest reporting 
requirements. Generators and owners and operators of treatment, storage, 
or disposal facilities are advised to contact State officials for 
guidance on completing the shaded areas of the Manifest.

[[Page 142]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.005



[[Page 143]]

        Instructions--Continuation Sheet, U.S. EPA Form 8700-22A

    Read all instructions before completing this form.
    This form has been designed for use on a 12-pitch (elite) 
typewriter; a firm point pen may also be used--press down hard.
    This form must be used as a continuation sheet to U.S. EPA Form 
8700-22 if:

 More than two transporters are to be used to transport the 
waste;
 More space is required for the U.S. DOT description and related 
information in Item 11 of U.S. EPA Form 8700-22.

    Federal regulations require generators and transporters of hazardous 
waste and owners or operators of hazardous waste treatment, storage, or 
disposal facilities to use the uniform hazardous waste manifest (EPA 
Form 8700-22) and, if necessary, this continuation sheet (EPA Form 8700-
22A) for both inter- and intrastate transportation.

                               GENERATORS

    Item 21. Generator's U.S. EPA ID Number--Manifest Document Number

    Enter the generator's U.S. EPA twelve digit identification number 
and the unique five digit number assigned to this Manifest (e.g., 00001) 
as it appears in item 1 on the first page of the Manifest.

                           Item 22. Page ----

    Enter the page number of this Continuation Sheet.

                        Item 23. Generator's Name

    Enter the generator's name as it appears in item 3 on the first page 
of the Manifest.

                 Item 24. Transporter ---- Company Name

    If additional transporters are used to transport the waste described 
on this Manifest, enter the company name of each additional transporter 
in the order in which they will transport the waste. Enter after the 
word ``Transporter'' the order of the transporter. For example, 
Transporter 3 Company Name. Each Continuation Sheet will record the 
names of two additional transporters.

                       Item 25. U.S. EPA ID Number

    Enter the U.S. EPA twelve digit identification number of the 
transporter described in item 24.

                 Item 26. Transporter ---- Company Name

    If additional transporters are used to transport the waste described 
on this Manifest, enter the company name of each additional transporter 
in the order in which they will transport the waste. Enter after the 
word ``Transporter'' the order of the transporter. For example, 
Transporter 4 Company Name. Each Continuation Sheet will record the 
names of two additional transporters.

                       Item 27. U.S. EPA ID Number

    Enter the U.S. EPA twelve digit identification number of the 
transporter described in item 26.

Item 28. U.S. DOT Description Including Proper Shipping Name, Hazardous 
                      Class, and ID Number (UN/NA)

    Refer to item 11.

                   Item 29. Containers (No. and Type)

    Refer to item 12.

                         Item 30. Total Quantity

    Refer to item 13.

                        Item 31. Unit (Wt./Vol.)

    Refer to item 14.

                 Item 32. Special Handling Instructions

    Generators may use this space to indicate special transportation, 
treatment, storage, or disposal information or Bill of Lading 
information. States are not authorized to require additional, new, or 
different information in this space.

                                * * * * *

                              TRANSPORTERS

    Item 33. Transporter ---- Acknowledgement of Receipt of Materials

    Enter the same number of the Transporter as identified in item 24. 
Enter also the name of the person accepting the waste on behalf of the 
Transporter (Company Name) identified in item 24. That person must 
acknowledge acceptance of the waste described on the Manifest by signing 
and entering the date of receipt.

   Item 34. Transporter ---- Acknowledgement of Receipt of Materials 

    Enter the same number as identified in item 26. Enter also the name 
of the person accepting the waste on behalf of the Transporter (Company 
Name) identified in item 26. That person must acknowledge acceptance of 
the waste described on the Manifest by signing and entering the date of 
receipt.

                                * * * * *

   OWNERS AND OPERATORS OF TREATMENT, STORAGE, OR DISPOSAL FACILITIES

                  Item 35. Discrepancy Indication Space

    Refer to item 19.

[[Page 144]]

    Items L-R are not required by Federal regulations for intra- or 
interstate transportation. However, States may require generators and 
owners or operators of treatment, storage, or disposal facilities to 
complete some or all of items L-R as part of State manifest reporting 
requirements. Generators and owners and operators of treatment, storage, 
or disposal facilities are advised to contact State officials for 
guidance on completing the shaded areas of the manifest.

[49 FR 10501, Mar. 20, 1984, as amended at 51 FR 28685, Aug. 8, 1986; 51 
FR 35192, Oct. 1, 1986; 53 FR 45091, Nov. 8, 1988]



PART 263--STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE--Table of Contents




                           Subpart A--General

Sec.
263.10  Scope.
263.11  EPA identification number.
263.12  Transfer facility requirements.

    Subpart B--Compliance With the Manifest System and Recordkeeping

263.20  The manifest system.
263.21  Compliance with the manifest.
263.22  Recordkeeping.

                  Subpart C--Hazardous Waste Discharges

263.30  Immediate action.
263.31  Discharge clean up.

    Authority: 42 U.S.C. 6906, 6912, 6922, 6923, 6925, 6937, and 6938.

    Source: 45 FR 33151, May 19, 1980, unless otherwise noted.



                           Subpart A--General



Sec. 263.10  Scope.

    (a) These regulations establish standards which apply to persons 
transporting hazardous waste within the United States if the 
transportation requires a manifest under 40 CFR part 262.

    Note: The regulations set forth in parts 262 and 263 establish the 
responsibilities of generators and transporters of hazardous waste in 
the handling, transportation, and management of that waste. In these 
regulations, EPA has expressly adopted certain regulations of the 
Department of Transportation (DOT) governing the transportation of 
hazardous materials. These regulations concern, among other things, 
labeling, marking, placarding, using proper containers, and reporting 
discharges. EPA has expressly adopted these regulations in order to 
satisfy its statutory obligation to promulgate regulations which are 
necessary to protect human health and the environment in the 
transportation of hazardous waste. EPA's adoption of these DOT 
regulations ensures consistency with the requirements of DOT and thus 
avoids the establishment of duplicative or conflicting requirements with 
respect to these matters. These EPA regulations which apply to both 
interstate and intrastate transportation of hazardous waste are 
enforceable by EPA.
    DOT has revised its hazardous materials transportation regulations 
in order to encompass the transportation of hazardous waste and to 
regulate intrastate, as well as interstate, transportation of hazardous 
waste. Transporters of hazardous waste are cautioned that DOT's 
regulations are fully applicable to their activities and enforceable by 
DOT. These DOT regulations are codified in title 49, Code of Federal 
Regulations, subchapter C.
    EPA and DOT worked together to develop standards for transporters of 
hazardous waste in order to avoid conflicting requirements. Except for 
transporters of bulk shipments of hazardous waste by water, a 
transporter who meets all applicable requirements of 49 CFR parts 171 
through 179 and the requirements of 40 CFR 263.11 and 263.31 will be 
deemed in compliance with this part. Regardless of DOT's action, EPA 
retains its authority to enforce these regulations.

    (b) These regulations 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 40 CFR 
part 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 subject to the Federal 
manifesting requirements of 40 CFR part 262, or subject to the waste 
management standards of 40 CFR part 273, or subject to State 
requirements analogous to 40 CFR part 273, that is being imported from 
or exported to any of the countries listed in 40 CFR 262.58(a)(1) for 
purposes of recovery is subject to this Subpart and to all other 
relevant requirements of subpart H of 40 CFR part

[[Page 145]]

262, including, but not limited to, 40 CFR 262.84 for tracking 
documents.

[45 FR 33151, May 19, 1980, as amended at 45 FR 86968, Dec. 31, 1980; 61 
FR 16314, Apr. 12, 1996]

    Effective Date Note: At 61 FR 16314, Apr. 12, 1996, Sec. 263.10(d) 
was added, effective July 11, 1996.



Sec. 263.11  EPA identification number.

    (a) A transporter must not transport hazardous wastes without having 
received an EPA identification number from the Administrator.
    (b) A transporter who has not received an EPA identification number 
may obtain one by applying to the Administrator using EPA Form 8700-12. 
Upon receiving the request, the Administrator will assign an EPA 
identification number to the transporter.



Sec. 263.12  Transfer facility requirements.

    A transporter who stores manifested shipments of hazardous waste in 
containers meeting the requirements of Sec. 262.30 at a transfer 
facility for a period of ten days or less is not subject to regulation 
under parts 270, 264, 265, and 268 of this chapter with respect to the 
storage of those wastes.

[45 FR 86968, Dec. 31, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 51 
FR 40637, Nov. 7, 1986]



    Subpart B--Compliance With the Manifest System and Recordkeeping



Sec. 263.20  The manifest system.

    (a) A transporter may not accept hazardous waste from a generator 
unless it is accompanied by a manifest signed in accordance with the 
provisions of 40 CFR 262.20. In the case of exports other than those 
subject to subpart H of 40 CFR part 262, a transporter may not accept 
such waste from a primary exporter or other person if he knows the 
shipment does not conform to the EPA Acknowledgement of Consent; and 
unless, in addition to a manifest signed in accordance with the 
provisions of 40 CFR 262.20, such waste is also accompanied by an EPA 
Acknowledgement of Consent which, except for shipment by rail, is 
attached to the manifest (or shipping paper for exports by water (bulk 
shipment)). For exports of hazardous waste subject to the requirements 
of subpart H of 40 CFR part 262, a transporter may not accept hazardous 
waste without a tracking document that includes all information required 
by 40 CFR 262.84.
    (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, the transporter must ensure 
that a copy of the EPA Acknowledgment of Consent 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 Sec. 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, an EPA Acknowledgment 
of Consent 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

[[Page 146]]

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 Sec. 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 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 Sec. 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 an EPA Acknowledgment of Consent 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 Sec. 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 Sec. 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) Indicate on the manifest the date the hazardous waste left the 
United States; and
    (2) Sign the manifest and retain one copy in accordance with 
Sec. 263.22(c); and
    (3) Return a signed copy of the manifest to the generator; and
    (4) 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 Sec. 263.22 provided that:
    (1) The waste is being transported pursuant to a reclamation 
agreement as provided for in Sec. 262.20(e);
    (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 information;
    (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.

[45 FR 33151, May 19, 1980, as amended at 45 FR 86973, Dec. 31, 1980; 51 
FR 10176, Mar. 24, 1986; 51 FR 28685, Aug. 8, 1986; 61 FR 16315, Apr. 
12, 1996]

    Effective Date Note: At 61 FR 16315, Apr. 12, 1996, Sec. 263.20(a) 
was revised, effective July

[[Page 147]]

11, 1996. For the convenience of the reader, the superseded text is set 
out below:

Sec. 263.20  The manifest system.
    (a) A transporter may not accept hazardous waste from a generator 
unless it is accompanied by a manifest signed in accordance with the 
provisions of 40 CFR 262.20. In the case of exports, a transporter may 
not accept such waste from a primary exporter or other person (1) if he 
knows the shipment does not conform to the EPA Acknowledgment of 
Consent; and (2) unless, in addition to a manifest signed in accordance 
with the provisions of 40 CFR 262.20, such waste is also accompanied by 
an EPA Acknowledgment of Consent which, except for shipment by rail, is 
attached to the manifest (or shipping paper for exports by water (bulk 
shipment)).

                                * * * * *



Sec. 263.21  Compliance with the manifest.

    (a) 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) If the hazardous waste cannot be delivered in accordance with 
paragraph (a) of this section, the transporter must contact the 
generator for further directions and must revise the manifest according 
to the generator's instructions.



Sec. 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 
Sec. 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 
Sec. 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.

    Note: Intermediate rail transporters are not required to keep 
records pursuant to these regulations.

    (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 
Administrator.

[45 FR 33151, May 19, 1980, as amended at 45 FR 86973, Dec. 31, 1980]



                  Subpart C--Hazardous Waste Discharges



Sec. 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

[[Page 148]]

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 must:
    (1) Give notice, if required by 49 CFR 171.15, to the National 
Response Center (800-424-8802 or 202-426-2675); and
    (2) 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.
    (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.



Sec. 263.31  Discharge clean up.

    A transporter must clean up any hazardous waste 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.



PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES--Table of Contents




                           Subpart A--General

Sec.
264.1  Purpose, scope and applicability.
264.2  [Reserved]
264.3  Relationship to interim status standards.
264.4  Imminent hazard action.

                  Subpart B--General Facility Standards

264.10  Applicability.
264.11  Identification number.
264.12  Required notices.
264.13  General waste analysis.
264.14  Security.
264.15  General inspection requirements.
264.16  Personnel training.
264.17  General requirements for ignitable, reactive, or incompatible 
          wastes.
264.18  Location standards.
264.19  Construction quality assurance program.

                 Subpart C--Preparedness and Prevention

264.30  Applicability.
264.31  Design and operation of facility.
264.32  Required equipment.
264.33  Testing and maintenance of equipment.
264.34  Access to communications or alarm system.
264.35  Required aisle space.
264.36  [Reserved]
264.37  Arrangements with local authorities.

          Subpart D--Contingency Plan and Emergency Procedures

264.50  Applicability.
264.51  Purpose and implementation of contingency plan.
264.52  Content of contingency plan.
264.53  Copies of contingency plan.
264.54  Amendment of contingency plan.
264.55  Emergency coordinator.
264.56  Emergency procedures.

        Subpart E--Manifest System, Recordkeeping, and Reporting

264.70  Applicability.
264.71  Use of manifest system.
264.72  Manifest discrepancies.
264.73  Operating record.
264.74  Availability, retention, and disposition of records.
264.75  Biennial report.
264.76  Unmanifested waste report.
264.77  Additional reports.

          Subpart F--Releases From Solid Waste Management Units

264.90  Applicability.
264.91  Required programs.
264.92  Ground-water protection standard.
264.93  Hazardous constituents.
264.94  Concentration limits.
264.95  Point of compliance.
264.96  Compliance period.
264.97  General ground-water monitoring requirements.
264.98  Detection monitoring program.
264.99  Compliance monitoring program.
264.100  Corrective action program.
264.101  Corrective action for solid waste management units.

                   Subpart G--Closure and Post-Closure

264.110  Applicability.
264.111  Closure performance standard.
264.112  Closure plan; amendment of plan.
264.113  Closure; time allowed for closure.
264.114  Disposal or decontamination of equipment, structures and soils.
264.115  Certification of closure.
264.116  Survey plat.
264.117  Post-closure care and use of property.

[[Page 149]]

264.118  Post-closure plan; amendment of plan.
264.119  Post-closure notices.
264.120  Certification of completion of post-closure care.

                    Subpart H--Financial Requirements

264.140  Applicability.
264.141  Definitions of terms as used in this subpart.
264.142  Cost estimate for closure.
264.143  Financial assurance for closure.
264.144  Cost estimate for post-closure care.
264.145  Financial assurance for post-closure care.
264.146  Use of a mechanism for financial assurance of both closure and 
          post-closure care.
264.147  Liability requirements.
264.148  Incapacity of owners or operators, guarantors, or financial 
          institutions.
264.149  Use of State-required mechanisms.
264.150  State assumption of responsibility.
264.151  Wording of the instruments.

               Subpart I--Use and Management of Containers

264.170  Applicability.
264.171  Condition of containers.
264.172  Compatibility of waste with containers.
264.173  Management of containers.
264.174  Inspections.
264.175  Containment.
264.176  Special requirements for ignitable or reactive waste.
264.177  Special requirements for incompatible wastes.
264.178  Closure.
264.179  Air emission standards.

                         Subpart J--Tank Systems

264.190  Applicability.
264.191  Assessment of existing tank system's integrity.
264.192  Design and installation of new tank systems or components.
264.193  Containment and detection of releases.
264.194  General operating requirements.
264.195  Inspections.
264.196  Response to leaks or spills and disposition of leaking or 
          unfit-for-use tank systems.
264.197  Closure and post-closure care.
264.198  Special requirements for ignitable or reactive wastes.
264.199  Special requirements for incompatible wastes.
264.200  Air emission standards.

                     Subpart K--Surface Impoundments

264.220  Applicability.
264.221  Design and operating requirements.
264.222  Action leakage rate.
264.223  Response actions.
264.224--264.225  [Reserved]
264.226  Monitoring and inspection.
264.227  Emergency repairs; contingency plans.
264.228  Closure and post-closure care.
264.229  Special requirements for ignitable or reactive waste.
264.230  Special requirements for incompatible wastes.
264.231  Special requirements for hazardous wastes FO20, FO21, FO22, 
          FO23, FO26, and FO27.
264.232  Air emission standards.

                         Subpart L--Waste Piles

264.250  Applicability.
264.251  Design and operating requirements.
264.252  Action leakage rate.
254.253  Response actions.
264.254  Monitoring and inspection.
264.255  [Reserved]
264.256  Special requirements for ignitable or reactive waste.
264.257  Special requirements for incompatible wastes.
264.258  Closure and post-closure care.
264.259  Special requirements for hazardous wastes FO20, FO21, FO22, 
          FO23, FO26, and FO27.

                        Subpart M--Land Treatment

264.270  Applicability.
264.271  Treatment program.
264.272  Treatment demonstration.
264.273  Design and operating requirements.
264.274--264.275  [Reserved]
264.276  Food-chain crops.
264.277  [Reserved]
264.278  Unsaturated zone monitoring.
264.279  Recordkeeping.
264.280  Closure and post-closure care.
264.281  Special requirements for ignitable or reactive waste.
264.282  Special requirements for incompatible wastes.
264.283  Special requirements for hazardous wastes FO20, FO21, FO22, 
          FO23, FO26, and FO27.

                          Subpart N--Landfills

264.300  Applicability.
264.301  Design and operating requirements.
264.302  Action leakage rate.
264.303  Monitoring and inspection.
264.304  Response actions.
264.305--264.308  [Reserved]
264.309  Surveying and recordkeeping.
264.310  Closure and post-closure care.
264.311  [Reserved]
264.312  Special requirements for ignitable or reactive waste.
264.313  Special requirements for incompatible wastes.

[[Page 150]]

264.314  Special requirements for bulk and containerized liquids.
264.315  Special requirements for containers.
264.316  Disposal of small containers of hazardous waste in overpacked 
          drums (lab packs).
264.317  Special requirements for hazardous wastes FO20, FO21, FO22, 
          FO23, FO26, and FO27.

                         Subpart O--Incinerators

264.340  Applicability.
264.341  Waste analysis.
264.342  Principal organic hazardous constituents (POHCs).
264.343  Performance standards.
264.344  Hazardous waste incinerator permits.
264.345  Operating requirements.
264.346  [Reserved]
264.347  Monitoring and inspections.
264.348--264.350  [Reserved]
264.351  Closure.

                        Subparts P-R  [Reserved]

      Subpart S--Corrective Action for Solid Waste Management Units

264.552  Corrective Action Management Units (CAMU).
264.553  Temporary Units (TU).

                        Subparts T-V  [Reserved]

                          Subpart W--Drip Pads

264.570  Applicability.
264.571  Assessment of existing drip pad integrity.
264.572  Design and installation of new drip pads.
264.573  Design and operating requirements.
264.574  Inspections.
264.575  Closure.

                     Subpart X--Miscellaneous Units

264.600  Applicability.
264.601  Environmental performance standards.
264.602  Monitoring, analysis, inspection, response, reporting, and 
          corrective action.
264.603  Post-closure care.

                        Subparts Y-Z  [Reserved]

          Subpart AA--Air Emission Standards for Process Vents

264.1030  Applicability.
264.1031  Definitions.
264.1032  Standards: Process vents.
264.1033  Standards: Closed-vent systems and control devices.
264.1034  Test methods and procedures.
264.1035  Recordkeeping requirements.
264.1036  Reporting requirements.
264.1037--264.1049  [Reserved]

         Subpart BB--Air Emission Standards for Equipment Leaks

264.1050  Applicability.
264.1051  Definitions.
264.1052  Standards: Pumps in light liquid service.
264.1053  Standards: Compressors.
264.1054  Standards: Pressure relief devices in gas/vapor service.
264.1055  Standards: Sampling connecting systems.
264.1056  Standards: Open-ended valves or lines.
264.1057  Standards: Valves in gas/vapor service or in light liquid 
          service.
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.
264.1059  Standards: Delay of repair.
264.1060  Standards: Closed-vent systems and control devices.
264.1061  Alternative standards for valves in gas/vapor service or in 
          light liquid service: percentage of valves allowed to leak.
264.1062  Alternative standards for valves in gas/vapor service or in 
          light liquid service: skip period leak detection and repair.
264.1063  Test methods and procedures.
264.1064  Recordkeeping requirements.
264.1065  Reporting requirements.
Secs. 264.1066--264.1079  [Reserved]

Subpart CC--Air Emission Standards for Tanks, Surface Impoundments, and 
                               Containers

264.1080  Applicability.
264.1081  Definitions.
264.1082  Standards: General.
264.1083  Waste determination procedures.
264.1084  Standards: Tanks.
264.1085  Standards: Surface impoundments.
264.1086  Standards: Containers.
264.1087  Standards: Closed-vent systems and control devices.
264.1088  Inspection and monitoring requirements.
264.1089  Recordkeeping requirements.
264.1090  Reporting requirements.
264.1091  Alternative control requirements for tanks.

                    Subpart DD--Containment Buildings

264.1100  Applicability.
264.1101  Design and operating standards.
264.1102  Closure and post-closure care.
264.1103--264.1110  [Reserved]


[[Page 151]]



                         Appendices to part 264

Appendix I--Recordkeeping Instructions
Appendices II--III [Reserved]
Appendix IV--Cochran's Approximation to the Behrens-Fisher Students' T-
          test
Appendix V--Examples of Potentially Incompatible Waste
Appendix VI--Political Jurisdictions in Which Compliance With 
          Sec. 264.18(a) Must Be Demonstrated
Appendices VII--VIII [Reserved]
Appendix IX--Ground-Water Monitoring List

    Authority: 42 U.S.C. 6905, 6912(a), 6924, and 6925.

    Source: 45 FR 33221, May 19, 1980, unless otherwise noted.



                           Subpart A--General



Sec. 264.1  Purpose, scope and applicability.

    (a) The purpose of this part is to establish minimum national 
standards which define the acceptable management of hazardous waste.
    (b) The standards in this part apply to owners and operators of all 
facilities which treat, store, or dispose of hazardous waste, except as 
specifically provided otherwise in this part or part 261 of this 
chapter.
    (c) The requirements of this part apply to a person disposing of 
hazardous waste by means of ocean disposal subject to a 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 part 270 of this chapter.

[Comment: These part 264 regulations 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 part 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 Sec. 144.14 of this chapter.

[Comment: These part 264 regulations do apply to the above-ground 
treatment or storage of hazardous waste before it is injected 
underground.]

    (e) The requirements of this part 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 part 270 of this chapter.
    (f) The requirements of this part do not apply to a person who 
treats, stores, or disposes of hazardous waste in a State with a RCRA 
hazardous waste program authorized under subpart A of part 271 of this 
chapter, or in a State authorized under subpart B of part 271 of this 
chapter for the component or components of Phase II interim 
authorization which correspond to the person's treatment, storage or 
disposal processes; except that this part will apply:
    (1) As stated in paragraph (d) of this section, if the authorized 
State RCRA program does not cover disposal of hazardous waste by means 
of underground injection; and
    (2) To a person who treats, stores or disposes of hazardous waste in 
a State authorized under subpart A of part 271 of this chapter, at a 
facility which was not covered by standards under this part when the 
State obtained authorization, and for which EPA promulgates standards 
under this part after the State is authorized. This paragraph will only 
apply until the State is authorized to permit such facilities under 
subpart A of part 271 of this chapter.
    (3) To a person who treats, stores, or disposes of hazardous waste 
in a State which is authorized under subpart A or B of part 271 of this 
chapter if the State has not been authorized to carry out the 
requirements and prohibitions applicable to the treatment, storage, or 
disposal of hazardous waste at his facility which are imposed pursuant 
to the Hazardous and Solid Waste Amendments of 1984. The requirements 
and prohibitions that are applicable until a State receives 
authorization to carry them out include all Federal program requirements 
identified in Sec. 271.1(j).
    (g) The requirements of this part do not apply to:
    (1) 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

[[Page 152]]

waste the facility treats, stores, or disposes of is excluded from 
regulation under this part by Sec. 261.5 of this chapter;
    (2) The owner or operator of a facility managing recyclable 
materials described in Sec. 261.6 (a)(2), (3), and (4) of this chapter 
(except to the extent they are referred to in part 279 or subparts C, D, 
F, or G of part 266 of this chapter).
    (3) A generator accumulating waste on-site in compliance with 
Sec. 262.34 of this chapter;
    (4) A farmer disposing of waste pesticides from his own use in 
compliance with Sec. 262.70 of this chapter; or
    (5) The owner or operator of a totally enclosed treatment facility, 
as defined in Sec. 260.10.
    (6) The owner or operator of an elementary neutralization unit or a 
wastewater treatment unit as defined in Sec. 260.10 of this chapter, 
provided that if the owner or operator is diluting hazardous ignitable 
(D001) wastes (other than the D001 High TOC Subcategory defined in 
Sec. 268.40 of this chapter, 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 Sec. 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.
    (ii) An owner or operator of a facility otherwise regulated by this 
part must comply with all applicable requirements of subparts 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 part and parts 122 through 124 of 
this chapter for those activities.
    (9) A transporter storing manifested shipments of hazardous waste in 
containers meeting the requirements of 40 CFR 262.30 at a transfer 
facility for a period of ten days or less.
    (10) The addition of absorbent material to waste in a container (as 
defined in Sec. 260.10 of this chapter) 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 Secs. 264.17(b), 
264.171, and 264.172 are complied with.
    (11) Universal waste handlers and universal waste transporters (as 
defined in 40 CFR 260.10) handling the wastes listed below. These 
handlers are subject to regulation under 40 CFR part 273, when handling 
the below listed universal wastes.
    (i) Batteries as described in 40 CFR 273.2;
    (ii) Pesticides as described in 40 CFR 273.3; and
    (iii) Thermostats as described in 40 CFR 273.4.
    (h) The requirements of this part apply to owners or operators of 
all facilities which treat, store, or dispose of hazardous wastes 
referred to in part 268.

[45 FR 33221, May 19, 1980, as amended at 45 FR 76075, Nov. 17, 1980; 45 
FR 86968, Dec. 31, 1980; 46 FR 27480, May 20, 1981; 47 FR 8306, Feb. 25, 
1982; 47 FR 32384, July 26, 1982; 48 FR 2511, Jan. 19, 1983; 48 FR 
14294, Apr. 1, 1983; 50 FR 665, Jan. 4, 1985; 50 FR 28746, July 15, 
1985; 52 FR 21016, June 4, 1987; 53 FR 27165, July 19, 1988; 58 FR 
26424, May 3, 1993; 58 FR 29884, May 24, 1993; 59 FR 48042, Sept. 19, 
1994; 60 FR 25542, May 11, 1995]
Sec. 264.2  [Reserved]



Sec. 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 Sec. 270.70 of this chapter--must comply with the 
regulations specified in part 265 of this chapter in lieu of the 
regulations in this part, until final administrative disposition of his 
permit application is made, except as provided under 40 CFR part 264 
subpart S.


[[Page 153]]


    [Comment: As stated in section 3005(a) of RCRA, after the effective 
date of regulations under that section, i.e., parts 270 and 124 of this 
chapter, 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.]

[45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 58 
FR 8683, Feb. 16, 1993]



Sec. 264.4  Imminent hazard action.

    Notwithstanding any other provisions of these regulations, 
enforcement actions may be brought purusant to section 7003 of RCRA.



                  Subpart B--General Facility Standards



Sec. 264.10  Applicability.

    (a) The regulations in this subpart apply to owners and operators of 
all hazardous waste facilities, except as provided in Sec. 264.1 and in 
paragraph (b) of this section.
    (b) Section 264.18(b) applies only to facilities subject to 
regulation under subparts I through O and subpart X of this part.

[46 FR 2848, Jan. 12, 1981, as amended at 52 FR 46963, Dec. 10, 1987]



Sec. 264.11  Identification number.

    Every facility owner or operator must apply to EPA for an EPA 
identification number in accordance with the EPA notification procedures 
(45 FR 12746).

[45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]



Sec. 264.12  Required notices.

    (a)(1) The owner or operator of a facility that has arranged to 
receive hazardous waste from a foreign source must notify the Regional 
Administrator in writing at least four weeks in advance of the date the 
waste is expected to arrive at the facility. Notice of subsequent 
shipments of the same waste from the same foreign source is not 
required.
    (2) The owner or operator of a recovery facility that has arranged 
to receive hazardous waste subject to 40 CFR part 262, subpart H must 
provide a copy of the tracking document bearing all required signatures 
to the notifier, to the Office of Enforcement and Compliance Assurance, 
Office of Compliance, Enforcement Planning, Targeting and Data Division 
(2222A), Environmental Protection Agency, 401 M St., SW., Washington, DC 
20460; and to the competent authorities of all other concerned countries 
within three working days of receipt of the shipment. The original of 
the signed tracking document must be maintained at the facility for at 
least three years.
    (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 part and part 270 of this 
chapter.

[Comment: An owner's or operator's failure to notify the new owner or 
operator of the requirements of this part in no way relieves the new 
owner or operator of his obligation to comply with all applicable 
requirements.]

[45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 50 
FR 4514, Jan. 31, 1985; 61 FR 16315, Apr. 12, 1996]

    Effective Date Note: At 61 FR 16315, Apr. 12, 1996, Sec. 264.12(a) 
was amended by redesignating (a) as (a)(1) and adding (a)(2), effective 
July 11, 1996.



Sec. 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 
Sec. 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

[[Page 154]]

with this part and part 268 of this chapter.
    (2) The analysis may include data developed under part 261 of this 
chapter, 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) 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 40 CFR 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 Sec. 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 Sec. 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 this chapter; or
    (ii) An equivalent sampling method.

[Comment: See Sec. 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 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 Secs. 264.17, 264.314, 264.341, 264.1034(d), 
264.1063(d), 264.1083, and 268.7 of this chapter.
    (7) For surface impoundments exempted from land disposal 
restrictions under Sec. 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 
Sec. 260.22 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 
Sec. 268.32 or RCRA section 3004(d); or
    (2) Such residues are prohibited from land disposal under 
Sec. 268.33(f).
    (8) For owners and operators seeking an exemption to the air 
emission

[[Page 155]]

standards of subpart CC in accordance with Sec. 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 off-site facilities, the waste analysis plan required in 
paragraph (b) of this section must also specify the procedures which 
will be used to in-spect 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: Part 270 of this chapter requires that the waste analysis plan 
be submitted with part B of the permit application.]

[45 FR 33221, May 19, 1980, as amended at 46 FR 2848, Jan. 12, 1981; 50 
FR 4514, Jan. 31, 1985; 51 FR 40637, Nov. 7, 1986; 53 FR 31211, Aug. 17, 
1988; 54 FR 33394, Aug. 14, 1989; 55 FR 22685, June 1, 1990; 55 FR 
25494, June 21, 1990; 57 FR 8088, Mar. 6, 1992; 57 FR 54460, Nov. 18, 
1992; 59 FR 62926, Dec. 6, 1994; 61 FR 4911, Feb. 9, 1996]

    Effective Date Note: At 59 FR 62926, Dec. 6, 1994, Sec. 264.13 was 
amended by adding ``264.1083'' to paragragh (b)(6), and adding paragraph 
(b)(8). At 60 FR 26828, May 19, 1995, the effective date was delayed to 
Dec. 6, 1995; at 60 FR 56952, Nov. 13, 1995, the effective date was 
delayed to June 6, 1996; and at 61 FR 28508, June 5, 1996, the effective 
date was further delayed to Oct. 6, 1996.



Sec. 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 Regional Administrator 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 part.

[Comment: Part 270 of this chapter 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

[[Page 156]]

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 Sec. 264.117(b) for discussion of security requirements at 
disposal facilities during the post-closure care period.]

[45 FR 33221, May 19, 1980, as amended at 46 FR 2848, Jan. 12, 1981; 48 
FR 14294, Apr. 1, 1983; 50 FR 4514, Jan. 31, 1985]



Sec. 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 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 called 
for in Secs. 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, 
264.1088, and 264.1091(b), where applicable.

[Comment: Part 270 of this chapter requires the inspection schedule to 
be submitted with part B of the permit application. EPA 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, EPA 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.

[45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 50 
FR 4514, Jan. 31, 1985; 57 FR 3486, Jan. 29, 1992; 59 FR 62926, Dec. 6, 
1994]

    Effective Date Note: At 59 FR 62926, Dec. 6, 1994, Sec. 264.15 was 
amended by removing the word ``and'' after the phrase ``frequencies 
called for in Secs. 264.174, 264.193, 264.195, 264.226, 264.254, 
264.278, 264.303, 264.347, 264.602, 264.1033, 264.1052, 264.1053,'' and 
adding

[[Page 157]]

``264.1088, and 264.1019(b),'' after ``264.1058''. At 60 FR 26828, May 
19, 1995, the effective date was delayed to Dec. 6, 1995; at 60 FR 
56952, Nov. 13, 1995, the effective date was delayed to June 6, 1996; 
and at 61 FR 28508, June 5, 1996, the effective date was further delayed 
to Oct. 6, 1996.



Sec. 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 part. 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: Part 270 of this chapter 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.
    (b) Facility personnel must successfully complete the program 
required in paragraph (a) of this section within six months after the 
effective date of these regulations 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 regulations 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.

[45 FR 33221, May 19, 1980, as amended at 46 FR 2848, Jan. 12, 1981; 48 
FR 14294, Apr. 1, 1983; 50 FR 4514, Jan. 31, 1985]



Sec. 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

[[Page 158]]

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 part, 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 reactons 
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 Sec. 264.13), or the 
results of the treatment of similar wastes by similar treatment 
processes and under similar operating conditions.

[46 FR 2848, Jan. 12, 1981, as amended at 50 FR 4514, Jan. 31, 1985]



Sec. 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) of this section:
    (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 Quarternary 
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 Sec. 270.14(b)(11). 
Facilities which are located in political jurisdictions other than those 
listed in appendix VI of this part, 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 or any hazardous waste by a 100-year flood, unless the owner or 
operator can demonstrate to the Regional Administrator'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-

[[Page 159]]

year floodplain that could result from washout.

[Comment: The location where wastes are moved must be a facility which 
is either permitted by EPA under part 270 of this chapter, authorized to 
manage hazardous waste by a State with a hazardous waste management 
program authorized under part 271 of this chapter, or in interim status 
under parts 270 and 265 of this chapter.]

    (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 exeeded in any given year.

[Comment: (1) Requirements pertaining to other Federal laws which affect 
the location and permitting of facilities are found in Sec. 270.3 of 
this chapter. For details relative to these laws, see EPA's manual for 
SEA (special environmental area) requirements for hazardous waste 
facility permits. Though EPA is responsible for complying with these 
requirements, applicants are advised to consider them in planning the 
location of a facility to help prevent subsequent project delays.]

    (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, except for the Department of Energy Waste 
Isolation Pilot Project in New Mexico.

[46 FR 2848, Jan. 12, 1981, as amended at 47 FR 32350, July 26, 1982; 48 
FR 14294, Apr. 1, 1983; 48 FR 30115, June 30, 1983; 50 FR 4514, Jan. 31, 
1985; 50 FR 28746, July 15, 1985; 52 FR 46963, Dec. 10, 1987]



Sec. 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 Secs. 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 a 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 Sec. 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;

[[Page 160]]

    (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 Secs. 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 Secs. 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 Regional Administrator 
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 Secs. 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 
Sec. 264.19 until the owner or operator has submitted to the Regional 
Administrator 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 Secs. 264.221 
(c) or (d), 264.251 (c) or (d), or 264.301 (c) or (d); and the procedure 
in Sec. 270.30(l)(2)(ii) of this chapter has been completed. 
Documentation supporting the CQA officer's certification must be 
furnished to the Regional Administrator upon request.

[57 FR 3486, Jan. 29, 1992]



                 Subpart C--Preparedness and Prevention



Sec. 264.30  Applicability.

    The regulations in this subpart apply to owners and operators of all 
hazardous waste facilities, except as Sec. 264.1 provides otherwise.



Sec. 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.



Sec. 264.32  Required equipment.

    All facilities must be equipped with the following, unless it can be 
demonstrated to the Regional Administrator 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 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.

[Comment: Part 270 of this chapter 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.]

[45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983]



Sec. 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.

[[Page 161]]



Sec. 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 Regional Administrator has ruled that such a device 
is not required under Sec. 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 Regional Administrator has ruled that such a 
device is not required under Sec. 264.32.



Sec. 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 Regional 
Administrator that aisle space is not needed for any of these purposes.

[Comment: Part 270 of this chapter 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.]

[45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983]
Sec. 264.36  [Reserved]



Sec. 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.



          Subpart D--Contingency Plan and Emergency Procedures



Sec. 264.50  Applicability.

    The regulations in this subpart apply to owners and operators of all 
hazardous waste facilities, except as Sec. 264.1 provides otherwise.



Sec. 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.

[45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]



Sec. 264.52  Content of contingency plan.

    (a) The contingency plan must describe the actions facility 
personnel

[[Page 162]]

must take to comply with Secs. 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 
part 112 of this chapter, or part 1510 of chapter V, 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 part.
    (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 Sec. 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 
Sec. 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 Regional Administrator 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).

[45 FR 33221, May 19, 1980, as amended at 46 FR 27480, May 20, 1981; 50 
FR 4514, Jan. 31, 1985]



Sec. 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 Regional 
Administrator with Part B of the permit application under part 270, of 
this chapter and, after modification or approval, will become a 
condition of any permit issued.]

[45 FR 33221, May 19, 1980, as amended at 48 FR 30115, June 30, 1983; 50 
FR 4514, Jan. 31, 1985]



Sec. 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.

[45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 53 
FR 37935, Sept. 28, 1988]



Sec. 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

[[Page 163]]

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 Sec. 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.]



Sec. 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, (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:
    (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 Sec. 261.3(c) or (d) of this chapter, 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 parts 262, 263, and 264 of this chapter.]


[[Page 164]]


    (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 notify the Regional Administrator, 
and appropriate State and local authorities, that the facility is in 
compliance with paragraph (h) of this section before operations are 
resumed in the affected area(s) of the facility.
    (j) 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 Regional Administrator. 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.

[45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]



        Subpart E--Manifest System, Recordkeeping, and Reporting



Sec. 264.70  Applicability.

    The regulations in this subpart apply to owners and operators of 
both on-site and off-site facilities, except as Sec. 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. Section 264.73(b) only applies to 
permittees who treat, store, or dispose of hazardous wastes on-site 
where such wastes were generated.

[50 FR 28746, July 15, 1985]



Sec. 264.71  Use of 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 Sec. 264.72(a)) on each copy of the manifest;

[Comment: The Agency does not intend that the owner or operator of a 
facility whose procedures under Sec. 264.13(c) include waste analysis 
must perform that analysis before signing the manifest and giving it to 
the transporter. Section 264.72(b), however, requires reporting an 
unreconciled discrepancy discovered during later analysis.]

    (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; and
    (5) Retain at the facility a copy of each manifest for at least 
three years from the date of delivery.
    (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 
Sec. 264.72(a)) in the manifest or shipping paper (if the manifest

[[Page 165]]

has not been received) on each copy of the manifest or shipping paper.

[Comment: The Agency does not intend that the owner or operator of a 
facility whose procedures under Sec. 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 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; and

[Comment: Section 262.23(c) of this chapter 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 part 262 of this chapter.

[Comment: The provisions of Sec. 262.34 are applicable to the on-site 
accumulation of hazardous wastes by generators. Therefore, the 
provisions of Sec. 262.34 only apply to owners or operators who are 
shipping hazardous waste which they generated at that facility.]
    (d) Within three working days of the receipt of a shipment subject 
to 40 CFR part 262, subpart H, the owner or operator of the facility 
must provide a copy of the tracking document bearing all required 
signatures to the notifier, to the Office of Enforcement and Compliance 
Assurance, Office of Compliance, Enforcement Planning, Targeting and 
Data Division (2222A), Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460, and to competent authorities of all other 
concerned countries. The original copy of the tracking document must be 
maintained at the facility for at least three years from the date of 
signature.

[45 FR 33221, May 19, 1980, as amended at 45 FR 86970, 86974, Dec. 31, 
1980; 61 FR 16315, Apr. 12, 1996]

    Effective Date Note: At 61 FR 16315, Apr. 12, 1996, Sec. 264.71(d) 
was added, effective July 11, 1996.



Sec. 264.72  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 Regional 
Administrator a letter describing the discrepancy and attempts to 
reconcile it, and a copy of the manifest or shipping paper at issue.

[45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]



Sec. 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 until closure of the 
facility:
    (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;

[[Page 166]]

    (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;

[Comment: See Sec. 264.119 for related requirements.]

    (3) Records and results of waste analyses and waste determinations 
performed as specified in Secs. 264.13, 264.17, 264.314, 264.341, 
264.1034, 264.1063, 264.1083, 268.4(a), and 268.7 of this chapter.
    (4) Summary reports and details of all incidents that require 
implementing the contingency plan as specified in Sec. 264.56(j);
    (5) Records and results of inspections as required by Sec. 264.15(d) 
(except these data need be kept only three years);
    (6) Monitoring, testing or analytical data, and corrective action 
where required by subpart F of this part and Secs. 264.19, 264.191, 
264.193, 264.195, 264.222, 264.223, 264.226, 264.252 through 264.254, 
264.276, 264.278, 264.280, 264.302 through 264.304, 264.309, 264.347, 
264.602, 264.1034(c) through 264.304(f), 264.1035, 264.1063(d) through 
264.1063(i), 264.1064, 264.1088, 264.1089, and 264.1091.
    (7) For off-site facilities, notices to generators as specified in 
Sec. 264.12(b); and
    (8) All closure cost estimates under Sec. 264.142, and, for disposal 
facilities, all post-closure cost estimates under Sec. 264.144.
    (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 Sec. 268.5, a petition pursuant to Sec. 268.6, or a 
certification under Sec. 268.8, and the applicable notice required by a 
generator under Sec. 268.7(a);
    (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 Sec. 268.7 or Sec. 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 Sec. 268.7 or Sec. 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 
Secs. 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 Sec. 268.7, except for the manifest 
number, and the certification and demonstration if applicable, required 
under Sec. 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 Sec. 268.7 or Sec. 268.8; and
    (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 Sec. 268.7 or Sec. 268.8.

[45 FR 33221, May 19, 1980, as amended at 46 FR 2849, Jan. 12, 1981; 46 
FR 7678, Jan. 23, 1981; 50 FR 4514, Jan. 31, 1985; 50 FR 18374, Apr. 30, 
1985; 50 FR 28746, July 15, 1985; 51 FR 40637, Nov. 7, 1986; 52 FR 
21016, June 4, 1987; 53 FR 31211, Aug. 17, 1988; 54 FR 26647, June 23, 
1989; 55 FR 25494, June 21, 1990; 57 FR 3487, Jan. 29, 1992; 59 FR 
62926, Dec. 6, 1994]

    Effective Date Note: At 59 FR 62926, Dec. 6, 1994, Sec. 264.73 was 
amended by revising paragraphs (b)(3) and (b)(6). At 60 FR 26828, May 
19, 1995, the effective date was delayed to

[[Page 167]]

Dec. 6, 1995; at 60 FR 56952, Nov. 13, 1995, the effective date was 
delayed to June 6, 1996; and at 61 FR 28508, June 5, 1996, the effective 
date was further delayed to Oct. 6, 1996. For the convenience of the 
reader, the superseded material is set forth as follows:
Sec. 264.73  Operating record.

                                * * * * *

    (b) * * *
    (3) Records and results of waste analyses performed as specified in 
Secs. 264.13, 264.17, 264.314, 264.341, 264.1034, 264.1063, 268.4(a), 
and 268.7 of this chapter.

                                * * * * *

    (6) Monitoring, testing or analytical data, and corrective action 
where required by subpart F and Secs. 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, 264.347, 264.602, 264.1034(c)-264.1034(f), 
264.1035, 264.1063(d)-264.1063(i), and 264.1064.

                                * * * * *



Sec. 264.74  Availability, retention, and disposition of records.

    (a) All records, including plans, required under this part must be 
furnished upon request, and made available at all reasonable times for 
inspection, by any officer, employee, or representative of EPA who is 
duly designated by the Administrator.
    (b) The retention period for all records required under this part is 
extended automatically during the course of any unresolved enforcement 
action regarding the facility or as requested by the Administrator.
    (c) A copy of records of waste disposal locations and quantities 
under Sec. 264.73(b)(2) must be submitted to the Regional Administrator 
and local land authority upon closure of the facility.



Sec. 264.75  Biennial report.

    The owner or operator must prepare and submit a single copy of a 
biennial report to the Regional Administrator by March 1 of each even 
numbered year. The biennial report must be submitted on EPA form 8700-
13B. The report must cover facility activities during the previous 
calendar year and must include:
    (a) The EPA identification number, name, and address of the 
facility;
    (b) The calendar year covered by the report;
    (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;
    (e) The method of treatment, storage, or disposal for each hazardous 
waste;
    (f) [Reserved]
    (g) The most recent closure cost estimate under Sec. 264.142, and, 
for disposal facilities, the most recent post-closure cost estimate 
under Sec. 264.144; 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) The certification signed by the owner or operator of the 
facility or his authorized representative.

[45 FR 33221, May 19, 1980, as amended at 46 FR 2849, Jan. 12, 1981; 48 
FR 3982, Jan. 28, 1983; 50 FR 4514, Jan. 31, 1985; 51 FR 28556, Aug. 8, 
1986]



Sec. 264.76  Unmanifested waste report.

    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 
Sec. 263.20(e)(2) of this chapter, and if the waste is not excluded from 
the manifest requirement by Sec. 261.5 of this chapter, then the owner 
or operator must prepare and submit a single copy of a report to the 
Regional Administrator within fifteen days after receiving the waste. 
The unmanifested waste report must be submitted on EPA form 8700-13B. 
Such report must

[[Page 168]]

be designated `Unmanifested Waste Report' and include the following 
information:
    (a) The EPA identification number, name, and address of the 
facility;
    (b) The date the facility received the waste;
    (c) The EPA identification number, name, and address of the 
generator and the transporter, if available;
    (d) A description and the quantity of each unmanifested hazardous 
waste and facility received;
    (e) The method of treatment, storage, or disposal for each hazardous 
waste;
    (f) The certification signed by the owner or operator of the 
facility or his authorized representative; and
    (g) A brief explanation of why the waste was unmanifested, if known.

[Comment: Small quantities of hazardous waste are excluded from 
regulation under this part and do not require a manifest. Where a 
facility receives unmanifested hazardous wastes, the Agency suggests 
that the owner or operator obtain from each generator a certification 
that the waste qualifies for exclusion. Otherwise, the Agency suggests 
that the owner or operator file an unmanifested waste report for the 
hazardous waste movement.]

[45 FR 33221, May 19, 1980, as amended at 48 FR 3982, Jan. 28, 1983; 50 
FR 4514, Jan. 31, 1985]



Sec. 264.77  Additional reports.

    In addition to submitting the biennial reports and unmanifested 
waste reports described in Secs. 264.75 and 264.76, the owner or 
operator must also report to the Regional Administrator:
    (a) Releases, fires, and explosions as specified in Sec. 264.56(j);
    (b) Facility closures specified in Sec. 264.115; and
    (c) As otherwise required by subparts F, K through N, AA, BB, and CC 
of this part.

[46 FR 2849, Jan. 12, 1981, as amended at 47 FR 32350, July 26, 1982; 48 
FR 3982, Jan. 28, 1983; 55 FR 25494, June 21, 1990; 59 FR 62926, Dec. 6, 
1994]

    Effective Date Note: At 59 FR 62926, Dec. 6, 1994, Sec. 264.77 was 
amended by revising paragraph (c). At 60 FR 26828, May 19, 1995, the 
effective date was delayed to Dec. 6, 1995, at 60 FR 56952, Nov. 13, 
1996, the effective date was delayed to June 6, 1996; and at 61 FR 
28508, June 5, 1996; the effective date was further delayed to Oct. 6, 
1996. For the convenience of the reader, the superseded material is set 
forth as follows:

Sec. 264.77  Additional reports.

                                * * * * *

    (c) As otherwise required by subparts F, K through N, AA, and BB.

                                * * * * *



          Subpart F--Releases From Solid Waste Management Units

    Source: 47 FR 32350, July 26, 1982, unless otherwise noted.



Sec. 264.90  Applicability.

    (a)(1) Except as provided in paragraph (b) of this section, the 
regulations in this subpart 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 Sec. 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 Secs. 264.91 through 264.100 in lieu of 
Sec. 264.101 for purposes of detecting, characterizing and responding to 
releases to the uppermost aquifer. The financial responsibility 
requirements of Sec. 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 subpart 
if:
    (1) The owner or operator is exempted under Sec. 264.1; or
    (2) He operates a unit which the Regional Administrator 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,

[[Page 169]]

    (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 Regional Administrator finds, pursuant to Sec. 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 Sec. 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 subpart during the post-closure care period; or
    (4) The Regional Administrator 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 post-closure care period specified under Sec. 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 
Sec. 264.250(c).
    (c) The regulations under this subpart apply during the active life 
of the regulated unit (including the closure period). After closure of 
the regulated unit, the regulations in this subpart:
    (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 Sec. 264.117 if 
the owner or operator is conducting a detection monitoring program under 
Sec. 264.98; or
    (3) Apply during the compliance period under Sec. 264.96 if the 
owner or operator is conducting a compliance monitoring program under 
Sec. 264.99 or a corrective action program under Sec. 264.100.
    (d) Regulations in this subpart may apply to miscellaneous units 
when necessary to comply with Secs. 264.601 through 264.603.

[47 FR 32350, July 26, 1982, as amended at 50 FR 28746, July 15, 1985; 
52 FR 46963, Dec. 10, 1987]



Sec. 264.91  Required programs.

    (a) Owners and operators subject to this subpart must conduct a 
monitoring and response program as follows:
    (1) Whenever hazardous constituents under Sec. 264.93 from a 
regulated unit are detected at a compliance point under Sec. 264.95, the 
owner or operator must institute a compliance monitoring program under 
Sec. 264.99. Detected is defined as statistically significant evidence 
of contamination as described in Sec. 264.98(f);
    (2) Whenever the ground-water protection standard under Sec. 264.92 
is exceeded, the owner or operator must institute a corrective action 
program under Sec. 264.100. Exceeded is defined as statistically 
significant evidence of increased contamination as described in 
Sec. 264.99(d);
    (3) Whenever hazardous constituents under Sec. 264.93 from a 
regulated unit exceed concentration limits under Sec. 264.94 in ground 
water between the compliance point under Sec. 264.95 and the 
downgradient facility property boundary, the owner or operator must 
institute a corrective action program under Sec. 264.100; or
    (4) In all other cases, the owner or operator must institute a 
detection monitoring program under Sec. 264.98.
    (b) The Regional Administrator will specify in the facility permit 
the specific elements of the monitoring and response program. The 
Regional Administrator may include one or more of the programs 
identified in paragraph

[[Page 170]]

(a) of this section in the facility permit as may be necessary to 
protect human health and the environment and will specify the 
circumstances 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 Regional Administrator 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.

[47 FR 32350, July 26, 1982, as amended at 53 FR 39728, Oct. 11, 1988]



Sec. 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 Sec. 264.93 detected in the ground water from a regulated unit do 
not exceed the concentration limits under Sec. 264.94 in the uppermost 
aquifer underlying the waste management area beyond the point of 
compliance under Sec. 264.95 during the compliance period under 
Sec. 264.96. The Regional Administrator will establish this ground-water 
protection standard in the facility permit when hazardous constituents 
have been detected in the ground water.

[53 FR 39728, Oct. 11, 1988]



Sec. 264.93  Hazardous constituents.

    (a) The Regional Administrator will specify in the facility permit 
the hazardous constituents to which the ground-water protection standard 
of Sec. 264.92 applies. Hazardous constituents are constituents 
identified in appendix VIII of part 261 of this chapter 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 Regional Administrator has 
excluded them under paragraph (b) of this section.
    (b) The Regional Administrator 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 Regional 
Administrator 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;

[[Page 171]]

    (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 
Regional Administrator will consider any identification of underground 
sources of drinking water and exempted aquifers made under Sec. 144.8 of 
this chapter.

[47 FR 32350, July 26, 1982, as amended at 48 FR 14294, Apr. 1, 1983]



Sec. 264.94  Concentration limits.

    (a) The Regional Administrator will specify in the facility permit 
concentration limits in the ground water for hazardous constituents 
established under Sec. 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                               
------------------------------------------------------------------------
                                                            Maximum     
                     Constituent                       concentration \1\
------------------------------------------------------------------------
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 (1,2,3,4,10,10-hexachloro-1,7-epoxy-                             
 1,4,4a,5,6,7,8,9a-octahydro-1, 4-endo, endo-5,8-                       
 dimethano naphthalene)..............................        0.0002     
Lindane (1,2,3,4,5,6-hexachlorocyclohexane, gamma                       
 isomer).............................................        0.004      
Methoxychlor (1,1,1-Trichloro-2,2-bis (p-                               
 methoxyphenylethane)................................        0.1        
Toxaphene (C10H10Cl6, Technical chlorinated camphene,                   
 67-69 percent chlorine).............................        0.005      
2,4-D (2,4-Dichlorophenoxyacetic acid)...............        0.1        
2,4,5-TP Silvex (2,4,5-Trichlorophenoxypropionic                        
 acid)...............................................        0.01       
------------------------------------------------------------------------
\1\ Milligrams per liter.                                               

    (3) Must not exceed an alternate limit established by the Regional 
Administrator under paragraph (b) of this section.
    (b) The Regional Administrator 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 Regional Administrator 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:

[[Page 172]]

    (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 
Regional Administrator will consider any identification of underground 
sources of drinking water and exempted aquifers made under Sec. 144.8 of 
this chapter.

[47 FR 32350, July 26, 1982, as amended at 48 FR 14294, Apr. 1, 1983]



Sec. 264.95  Point of compliance.

    (a) The Regional Administrator will specify in the facility permit 
the point of compliance at which the ground-water protection standard of 
Sec. 264.92 applies and at which monitoring must be conducted. The point 
of compliance is a vertical surface located at the hydraulically 
downgradient 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.



Sec. 264.96  Compliance period.

    (a) The Regional Administrator will specify in the facility permit 
the compliance period during which the ground-water protection standard 
of Sec. 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 
Sec. 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 
Sec. 264.92 has not been exceeded for a period of three consecutive 
years.



Sec. 264.97  General ground-water monitoring requirements.

    The owner or operator must comply with the following requirements 
for any ground-water monitoring program developed to satisfy 
Sec. 264.98, Sec. 264.99, or Sec. 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:

[[Page 173]]

    (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 Regional Administrator. 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 Regional Administrator.
    (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 Regional 
Administrator, 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 
Sec. 264.97(i)(5), the pql

[[Page 174]]

must be proposed by the owner or operator and approved by the Regional 
Administrator. 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 Regional Administrator.
    (i) Any statistical method chosen under Sec. 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 
experimentwise 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 Regional Administrator 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 Regional Administrator 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 Regional Administrator under Sec. 264.97(h) that 
is used in the statistical method shall be the lowest concentration 
level tha 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

[[Page 175]]

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 Regional 
Administrator will specify in the permit when the data must be submitted 
for review.

[47 FR 32350, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 53 
FR 39728, Oct. 11, 1988]



Sec. 264.98  Detection monitoring program.

    An owner or operator required to establish a detection monitoring 
program under this subpart 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 Regional Administrator 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 persistance 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 Sec. 264.95. The 
ground-water monitoring system must comply with Sec. 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 Sec. 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 Sec. 264.97(h).
    (d) The Regional Administrator 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 Sec. 264.97(g). A 
sequence of at least four samples from each well (background and 
compliance wells) must be collected at least semi-annually during 
detection monitoring.
    (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 Sec. 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 Regional Administrator 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

[[Page 176]]

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 Regional Administrator 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 part 264 
are present, and if so, in what concentration.
    (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 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 found pursuant to 
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 Regional Administrator an 
application for a permit modification to establish a compliance 
monitoring program meeting the requirements of Sec. 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 Sec. 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 Sec. 264.99;
    (iv) For each hazardous constituent detected at the compliance 
point, a proposed concentration limit under Sec. 264.94(a) (1) or (2), 
or a notice of intent to seek an alternate concentration limit under 
Sec. 264.94(b); and
    (5) Within 180 days, submit to the Regional Administrator:
    (i) All data necessary to justify an alternate concentration limit 
sought under Sec. 264.94(b); and
    (ii) An engineering feasibility plan for a corrective action program 
necessary to meet the requirement of Sec. 264.100, unless:
    (A) All hazardous constituents identified under paragraph (g)(2) of 
this section are listed in Table 1 of Sec. 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 Sec. 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:

[[Page 177]]

    (i) Notify the Regional Administrator 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 Regional Administrator 
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 Regional Administrator 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.

[47 FR 32350, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 52 
FR 25946, July 9, 1987; 53 FR 39729, Oct. 11, 1988]



Sec. 264.99  Compliance monitoring program.

    An owner or operator required to establish a compliance monitoring 
program under this subpart 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 Sec. 264.92. The Regional Administrator will 
specify the ground-water protection standard in the facility permit, 
including:
    (1) A list of the hazardous constituents identified under 
Sec. 264.93;
    (2) Concentration limits under Sec. 264.94 for each of those 
hazardous constituents;
    (3) The compliance point under Sec. 264.95; and
    (4) The compliance period under Sec. 264.96.
    (b) The owner or operator must install a ground-water monitoring 
system at the compliance point as specified under Sec. 264.95. The 
ground-water monitoring system must comply with Sec. 264.97(a)(2), (b), 
and (c).
    (c) The Regional Administrator will specify the sampling procedures 
and statistical methods appropriate for the constituents and the 
facility, consistent with Sec. 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 
Sec. 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 Sec. 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 Sec. 264.97(h). The methods(s) 
must compare data collected at the compliance point(s) to a 
concentration limit developed in accordance with Sec. 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 Regional Administrator 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 Regional Administrator will specify the frequencies for 
collecting samples and conducting statistical

[[Page 178]]

tests to determine statistically significant evidence of increased 
contamination in accordance with Sec. 264.97(g). A sequence of at least 
four samples from each well (background and compliance wells) must be 
collected at least semi-annually during the compliance period of the 
facility.
    (g) The owner or operator must analyze samples from all monitoring 
wells at the compliance point for all constituents contained in appendix 
IX of part 264 at least annually to determine whether additional 
hazardous constituents are present in the uppermost aquifer and, if so, 
at what concentration, pursuant to procedures in Sec. 264.98(f). If the 
owner or operator finds appendix IX constituents in the ground water 
that are not already identified in the permit as monitoring 
constituents, the owner or operator may resample within one month and 
repeat the appendix IX analysis. If the second analysis confirms the 
presence of new constituents, the owner or operator must report the 
concentration of these additional constituents to the Regional 
Administrator within seven days after the completion of the second 
analysis and add them to the monitoring list. If the owner or operator 
chooses not to resample, then he or she must report the concentrations 
of these additional constituents to the Regional Administrator within 
seven days after completion of the intiial analysis 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 Sec. 264.94 are being 
exceeded at any monitoring well at the point of compliance he or she 
must:
    (1) Notify the Regional Administrator of this finding in writing 
within seven days. The notification must indicate what concentration 
limits have been exceeded.
    (2) Submit to the Regional Administrator an application for a permit 
modification to establish a corrective action program meeting the 
requirements of Sec. 264.100 within 180 days, or within 90 days if an 
engineering feasibility study has been previously submitted to the 
Regional Administrator under Sec. 264.98(h)(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 Regional Administrator in writing within seven days 
that he intends to make a demonstration under this paragraph;
    (2) Within 90 days, submit a report to the Regional Administrator 
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 Regional Administrator 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

[[Page 179]]

for a permit modification to make any appropriate changes to the 
program.

[47 FR 32350, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 52 
FR 25946, July 9, 1987; 53 FR 39730, Oct. 11, 1988]



Sec. 264.100  Corrective action program.

    An owner or operator required to establish a corrective action 
program under this subpart 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 Sec. 264.92. The Regional Administrator will specify the 
ground-water protection standard in the facility permit, including:
    (1) A list of the hazardous constituents identified under 
Sec. 264.93;
    (2) Concentration limits under Sec. 264.94 for each of those 
hazardous constituents;
    (3) The compliance point under Sec. 264.95; and
    (4) The compliance period under Sec. 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 Regional Administrator 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 Sec. 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 Sec. 264.99 and must be as effective as that 
program in determining compliance with the ground-water protection 
standard under Sec. 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 Sec. 264.93 that exceed 
concentration limits under Sec. 264.94 in groundwater:
    (1) Between the compliance point under Sec. 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 Regional Administrator 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 
Sec. 264.93 is reduced to levels below their respective concentration 
limits under Sec. 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 ground-water protection standard. The 
owner or operator may terminate corrective action measures taken beyond 
the period equal to the

[[Page 180]]

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 ground-water 
protection standard of Sec. 264.92 has not been exceeded for a period of 
three consecutive years.
    (g) The owner or operator must report in writing to the Regional 
Administrator on the effectiveness of the corrective action program. The 
owner or operator must submit these reports semi-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.

[47 FR 32350, July 26, 1985, as amended at 50 FR 4514, Jan. 31, 1985; 52 
FR 45798, Dec. 1, 1987]



Sec. 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 section and subpart S of this part. 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 Regional Administrator 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.

[50 FR 28747, July 15, 1985, as amended at 52 FR 45798, Dec. 1, 1987; 58 
FR 8683, Feb. 16, 1993]



                   Subpart G--Closure and Post-Closure

    Source: 51 FR 16444, May 2, 1986, unless otherwise noted.



Sec. 264.110  Applicability.

    Except as Sec. 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;
    (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 Sec. 264.228 or 
Sec. 264.258;
    (3) Tank systems that are required under Sec. 264.197 to meet the 
requirements for landfills; and
    (4) Containment buildings that are required under Sec. 264.1102 to 
meet the requirement for landfills.

[51 FR 16444, May 2, 1986, as amended at 51 FR 25472, July 14, 1986; 57 
FR 37264, Aug. 18, 1992]



Sec. 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

[[Page 181]]

the ground or surface waters or to the atmosphere; and
    (c) Complies with the closure requirements of this subpart, 
including, but not limited to, the requirements of Secs. 264.178, 
264.197, 264.228, 264.258, 264.280, 264.310, 264.351, 264.601 through 
264.603, and 264.1102.

[51 FR 16444, May 2, 1986, as amended at 52 FR 46963, Dec. 10, 1987; 57 
FR 37265, Aug. 18, 1992]



Sec. 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 Secs. 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 
Sec. 270.14(b)(13) of this chapter, and approved by the Regional 
Administrator as part of the permit issuance procedures under part 124 
of this chapter. In accordance with Sec. 270.32 of this chapter, 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 Secs. 264.111 through 264.115 
and the applicable requirements of subpart F of this part, 
Secs. 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 Sec. 264.115, a copy of the approved plan and all 
approved revisions must be furnished to the Director upon request, 
including requests 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 Sec. 264.111;
    (2) A description of how final closure of the facility will be 
conducted in accordance with Sec. 264.111. 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 Sec. 264.143 or Sec. 264.145 and that are expected to 
close prior to the expiration of the permit, an estimate of the expected 
year of final closure.

[[Page 182]]

    (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 parts 124 and 270. The 
written notification or request must include a copy of the amended 
closure plan for review or approval by the Regional Administrator.
    (1) The owner or operator may submit a written notification or 
request to the Regional Administrator 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.
    (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 
Sec. 264.228(c)(1)(i) or Sec. 264.258(c)(1)(i), must submit an amended 
closure plan to the Regional Administrator no later than 60 days from 
the date that the owner or operator or Regional Administrator determines 
that the hazardous waste management unit must be closed as a landfill, 
subject to the requirements of Sec. 264.310, or no later than 30 days 
from that date if the determination is made during partial or final 
closure. The Regional Administrator will approve, disapprove, or modify 
this amended plan in accordance with the procedures in parts 124 and 
270. In accordance with Sec. 270.32 of this chapter, the approved 
closure plan will become a condition of any RCRA permit issued.
    (4) The Regional Administrator may request modifications to the plan 
under the conditions described in Sec. 264.112(c)(2). The owner or 
operator must submit the modified plan within 60 days of the Regional 
Administrator's request, or within 30 days if the change in facility 
conditions occurs during partial or final closure. Any modifications 
requested by the Regional Administrator will be approved in accordance 
with the procedures in parts 124 and 270.
    (d) Notification of partial closure and final closure. (1) The owner 
or operator must notify the Regional Administrator 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 Regional Administrator 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 Regional 
Administrator 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

[[Page 183]]

demonstrate to the Regional Administrator 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 Regional Administrator may approve an extension 
to this one-year limit; or
    (ii) For units meeting the requirements of Sec. 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 
Regional Administrator 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 Regional Administrator 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 Sec. 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.

[51 FR 16444, May 2, 1986, as amended at 52 FR 46963, Dec. 10, 1987; 53 
FR 37935, Sept. 28, 1988; 54 FR 33394, Aug. 14, 1989; 56 FR 7207, Feb. 
21, 1991; 57 FR 37265, Aug. 18, 1992]



Sec. 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 Regional Administrator 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 Regional 
Administrator may approve an extension to the closure period if the 
owner or operator complies with all applicable requirements for 
requesting a

[[Page 184]]

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 Regional Administrator 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 parts 270 and 124 of this 
title 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 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 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 
Sec. 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 
Regional Administrator 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

[[Page 185]]

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 Sec. 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 Regional 
Administrator 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 subpart F of this part, 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 Regional Administrator 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 semi-annual reports to the Regional Administrator 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 Regional Administrator 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 Regional 
Administrator 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 Regional Administrator receives no written comments, 
the decision will become final five days after the close of the comment 
period. The Regional Administrator will notify the owner or operator 
that the decision is final, and that a revised closure plan, if

[[Page 186]]

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 Regional Administrator 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 Regional Administrator 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 Regional Administrator 
under paragraphs (e)(7) (iii) and (iv) of this section are not subject 
to administrative appeal.

[51 FR 16444, May 2, 1986, as amended at 54 FR 33394, Aug. 14, 1989]



Sec. 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 Secs. 264.197, 264.228, 
264.258, 264.280 or Sec. 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 part 262 of this 
chapter.

[51 FR 16444, May 2, 1986, as amended at 52 FR 46963, Dec. 10, 1987; 53 
FR 34086, Sept. 2, 1988]



Sec. 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 Regional Administrator, 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 registered professional engineer. 
Documentation supporting the independent registered professional 
engineer's certification must be furnished to the Regional Administrator 
upon request until he releases the owner or operator from the financial 
assurance requirements for closure under Sec. 264.143(i).



Sec. 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 Regional Administrator, 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 subpart G regulations.



Sec. 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 Secs. 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 
subparts F, K, L, M, N, and X of this part; and
    (ii) Maintenance and monitoring of waste containment systems in 
accordance with the requirements of subparts F, K, L, M, N, and X of 
this part.
    (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 Regional Administrator may, in accordance with the

[[Page 187]]

permit modification procedures in parts 124 and 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 Regional Administrator may require, at partial and final 
closure, continuation of any of the security requirements of Sec. 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 Regional Administrator 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 
Sec. 264.118.

[51 FR 16444, May 2, 1986, as amended at 52 FR 46963, Dec. 10, 1987]



Sec. 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 Secs. 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 Secs. 264.228(c)(1)(ii) 
and 264.258(c)(1)(ii) must submit a post-closure plan to the Regional 
Administrator within 90 days from the date that the owner or operator or 
Regional administrator determines that the hazardous waste management 
unit must be closed as a landfill, subject to the requirements of 
Secs. 264.117 through 264.120. The plan must be submitted with the 
permit application, in accordance with Sec. 270.14(b)(13) of this 
chapter, and approved by the Regional Administrator as part of the 
permit issuance procedures under part 124 of this chapter. In accordance 
with Sec. 270.32 of this chapter, 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 subparts F, 
K, L, M, N, and X of this part 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 subparts F, K, L, M, N, 
and X of this part; and

[[Page 188]]

    (ii) The function of the monitoring equipment in accordance with the 
requirements of subparts, F, K, L, M, N, and X of this part; 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.
    (c) Until final closure of the facility, a copy of the approved 
post-closure plan must be furnished to the Regional Administrator upon 
request, including request by mail. After final closure has been 
certified, the person or office specified in Sec. 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 parts 124 and 270. The written notification 
or request must include a copy of the amended post-closure plan for 
review or approval by the Regional Administrator.
    (1) The owner or operator may submit a written notification or 
request to the Regional Administrator 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.
    (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 Secs. 264.228(c)(1)(ii) and 
264.258(c)(1)(ii) must submit a post-closure plan to the Regional 
Administrator no later than 90 days after the date that the owner or 
operator or Regional Administrator determines that the hazardous waste 
management unit must be closed as a landfill, subject to the 
requirements of Sec. 264.310. The Regional Administrator will approve, 
disapprove or modify this plan in accordance with the procedures in 
parts 124 and 270. In accordance with Sec. 270.32 of this chapter, the 
approved post-closure plan will become a permit condition.
    (4) The Regional Administrator may request modifications to the plan 
under the conditions described in Sec. 264.118(d)(2). The owner or 
operator must submit the modified plan no later than 60 days after the 
Regional Administrator'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 Regional Administrator will be approved, disapproved, or modified in 
accordance with the procedures in parts 124 and 270.

[51 FR 16444, May 2, 1986, as amended at 52 FR 46964, Dec. 10, 1987; 53 
FR 37935, Sept. 28,1988]



Sec. 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 Regional Administrator 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

[[Page 189]]

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 40 CFR subpart G regulations; 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 Secs. 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 Regional 
Administrator; 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 Regional Administrator.
    (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 parts 
124 and 270. The owner or operator must demonstrate that the removal of 
hazardous wastes will satisfy the criteria of Sec. 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 chapter. If he is granted a permit modification or 
otherwise granted approval to conduct such removal activities, the owner 
or operator may request that the Regional Administrator 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.



Sec. 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 Regional Administrator, 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 registered professional 
engineer. Documentation supporting the independent registered 
professional engineer's certification must be furnished to the Regional 
Administrator upon request until he releases the owner or operator from 
the financial assurance requirements for post-closure care under 
Sec. 264.145(i).



                    Subpart H--Financial Requirements

    Source: 47 FR 15047, Apr. 7, 1982, unless otherwise noted.



Sec. 264.140  Applicability.

    (a) The requirements of Secs. 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 Sec. 264.1.
    (b) The requirements of Secs. 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 Secs. 264.228 and 
264.258;
    (3) Tank systems that are required under Sec. 264.197 to meet the 
requirements for landfills; and
    (4) Containment buildings that are required under Sec. 264.1102 to 
meet the requirements for landfills.

[[Page 190]]

    (c) States and the Federal government are exempt from the 
requirements of this subpart.

[47 FR 15047, Apr. 7, 1982, as amended at 47 FR 32357, July 26, 1982; 51 
FR 25472, July 14, 1986; 57 FR 37265, Aug. 18, 1992]



Sec. 264.141  Definitions of terms as used in this subpart.

    (a) Closure plan means the plan for closure prepared in accordance 
with the requirements of Sec. 264.112.
    (b) Current closure cost estimate means the most recent of the 
estimates prepared in accordance with Sec. 264.142 (a), (b), and (c).
    (c) Current post-closure cost estimate means the most recent of the 
estimates prepared in accordance with Sec. 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 Secs. 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 
regulations 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 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 Sec. 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 practices, are 
excluded from coverage in liability policies for bodily injury and 
property damage. The Agency 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 regulations 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.

[[Page 191]]

    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 applicable EPA Regional Administrator.

[47 FR 16554, Apr. 16, 1982, as amended at 51 FR 16447, May 2, 1986; 53 
FR 33950, Sept. 1, 1988]



Sec. 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 Secs. 264.111 through 264.115 and applicable closure 
requirements in Secs. 264.178, 264.197, 264.228, 264.258, 264.280, 
264.310, 264.351, 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 Sec. 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 Sec. 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 Sec. 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 
Sec. 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 Sec. 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 Regional Administrator as specified in Sec. 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 mutliplying 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 
Regional Administrator 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 Sec. 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 Sec. 264.142 (a) and (c) and, when 
this estimate has been adjusted

[[Page 192]]

in accordance with Sec. 264.142(b), the latest adjusted closure cost 
estimate.

[47 FR 15047, Apr. 7, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 51 
FR 16447, May 2, 1986; 52 FR 46964, Dec. 10, 1987; 54 FR 33395, Aug. 14, 
1989; 57 FR 37265, Aug. 18, 1992]



Sec. 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 Regional 
Administrator. An owner or operator of a new facility must submit the 
originally signed duplicate of the trust agreement to the Regional 
Administrator 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 Sec. 264.151(a)(1), and the trust agreement must be 
accompanied by a formal certification of acknowledgment (for example, 
see Sec. 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 Regional Administrator 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 
Sec. 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:
[GRAPHIC] [TIFF OMITTED] TC01AU92.050

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 Sec. 265.143(a) of this chapter, 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 part 265 of this chapter. The amount of each 
payment must be determined by this formula:
[GRAPHIC] [TIFF OMITTED] TC01AU92.050

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

[[Page 193]]

Sec. 265.143 of this chapter, 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 Sec. 265.143(a) of this chapter, 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 Regional Administrator 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 Regional Administrator 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 Regional Administrator will instruct the trustee to 
release to the owner or operator such funds as the Regional 
Administrator 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 Regional Administrator. 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 Regional Administrator will instruct the trustee to make 
reimbursements in those amounts as the Regional Administrator specifies 
in writing, if the Regional Administrator determines that the partial or 
final closure expenditures are in accordance with the approved closure 
plan, or otherwise justified. If the Regional Administrator 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 Sec. 264.143(i) that the owner 
or operator is no longer required to maintain financial assurance for 
final closure of the facility. If the Regional Administrator 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 Regional Administrator 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 Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 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 Regional Administrator. An 
owner or operator of a new facility must submit the bond to the Regional 
Administrator 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.

[[Page 194]]

    (2) The wording of the surety bond must be identical to the wording 
specified in Sec. 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 Regional Administrator. This 
standby trust fund must meet the requirements specified in 
Sec. 264.143(a), except that:
    (i) An originally signed duplicate of the trust agreement must be 
submitted to the Regional Administrator 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 
regulations:
    (A) Payments into the trust fund as specified in Sec. 264.143(a);
    (B) Updating of Schedule A of the trust agreement (see 
Sec. 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 Regional Administrator 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 Regional Administrator's written approval of the 
assurance provided, within 90 days after receipt by both the owner or 
operator and the Regional Administrator 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 
Sec. 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 Regional Administrator, 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 Regional Administrator.
    (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  Regional Administrator. 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 Regional 
Administrator, as evidence by the return receipts.
    (9) The owner or operator may cancel the bond if the Regional 
Administrator 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 Regional Administrator. An owner or operator 
of a new facility must submit the bond to the Regional Administrator 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.

[[Page 195]]

    (2) The wording of the surety bond must be identical to the wording 
specified in Sec. 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 Regional Administrator. This 
standby trust must meet the requirements specified in Sec. 264.143(a), 
except that:
    (i) An originally signed duplicate of the trust agreement must be 
submitted to the Regional Administrator 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 
regulations:
    (A) Payments into the trust fund as specified in Sec. 264.143(a);
    (B) Updating of Schedule A of the trust agreement (see 
Sec. 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 Regional Administrator's written approval of the 
assurance provided, within 90 days after receipt by both the owner or 
operator and the Regional Administrator 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 Regional Administrator, 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 Regional Administrator.
    (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 Regional Administrator. 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 Regional 
Administrator, as evidenced by the return receipts.
    (9) The owner or operator may cancel the bond if the Regional 
Administrator has given prior written consent. The Regional 
Administrator will provide such written consent when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 264.143(i).
    (10) The surety will not be liable for deficiencies in the 
performance of closure by the owner or operator after the Regional 
Administrator releases the owner or operator from the requirements of 
this section in accordance with Sec. 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

[[Page 196]]

this paragraph and submitting the letter to the Regional Administrator. 
An owner or operator of a new facility must submit the letter of credit 
to the Regional Administrator 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 Sec. 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 Regional Administrator will be deposited by the issuing 
institution directly into the standby trust fund in accordance with 
instructions from the Regional Administrator. This standby trust fund 
must meet the requirements of the trust fund specified in 
Sec. 264.143(a), except that:
    (i) An originally signed duplicate of the trust agreement must be 
submitted to the Regional Administrator 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 
regulations:
    (A) Payments into the trust fund as specified in Sec. 264.143(a);
    (B) Updating of Schedule A of the trust agreement (see 
Sec. 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 Regional 
Administrator 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 Regional 
Administrator 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 
Sec. 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 Regional 
Administrator, 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 Regional Administrator.
    (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 Regional Administrator 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 Regional Administrator within 90 days 
after receipt by both the owner or operator and the Regional 
Administrator of a notice from issuing institution that it has decided 
not to extend the letter of credit beyond the current expiration date, 
the Regional Administrator will draw on

[[Page 197]]

the letter of credit. The Regional Administrator 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 Regional 
Administrator 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 Regional 
Administrator.
    (10) The Regional Administrator 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 Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 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 Regional Administrator. An owner or 
operator of a new facility must submit the certificate of insurance to 
the Regional Administrator 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 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 Sec. 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 
Sec. 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 Regional 
Administrator, to such party or parties as the Regional Administrator 
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 Regional Administrator. 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 Regional Administrator will instruct the 
insurer to make reimbursements in such amounts as the Regional 
Administrator specifies in writing, if the Regional Administrator 
determines that the partial or final closure expenditures are in 
accordance with the approved closure plan or otherwise justified. If the 
Regional Administrator has reason to believe that the maximum cost of 
closure over the remaining life of the facility will be signficantly 
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 Sec. 264.143(i), that the owner or operator is no 
longer required to maintain financial assurance for final closure of the 
facility. If the Regional Administrator 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 Regional Administrator 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 regulations, warranting such 
remedy as the Regional Administrator deems necessary. Such violation 
will

[[Page 198]]

be deemed to begin upon receipt by the Regional Administrator 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 Regional 
Administrator. 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 Regional Administrator 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 Regional Administrator 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 Regional Administrator 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 
Regional Administrator, 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 Regional 
Administrator.
    (10) The Regional Administrator 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 Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 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

[[Page 199]]

    (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 (Sec. 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 (Sec. 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 Regional Administrator:
    (i) A letter signed by the owner's or operator's chief financial 
officer and worded as specified in Sec. 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.
    (4) An owner or operator of a new facility must submit the items 
specified in paragraph (f)(3) of this section to the Regional 
Administrator 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 Regional Administrator 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 send notice to the Regional 
Administrator 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 Regional Administrator 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 Regional Administrator 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 Regional Administrator 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 Regional Administrator will evaluate other 
qualifications on an individual basis. The owner or operator must 
provide alternate financial assurance as specified in this

[[Page 200]]

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 Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 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 Sec. 264.151(h). 
The certified copy of the guarantee must accompany the items sent to the 
Regional Administrator 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 
Sec. 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 Regional Administrator. 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 Regional 
Administrator, 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 Regional Administrator within 90 
days after receipt by both the owner or operator and the Regional 
Administrator 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 
Regional Administrator 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 Regional 
Administrator 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

[[Page 201]]

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 Regional Administrator 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 Regional Administrator 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 Regional 
Administrator has reason to believe that final closure has not been in 
accordance with the approved closure plan. The Regional Administrator 
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.

[47 FR 15047, Apr. 7, 1982, as amended at 51 FR 16448, May 2, 1986; 57 
FR 42835, Sept. 16, 1992]



Sec. 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 Secs. 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 regulations in Secs. 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 Sec. 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 Sec. 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 Sec. 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 Regional Administrator as specified in Sec. 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 Sec. 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 
Regional Administrator 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

[[Page 202]]

must be adjusted for inflation as specified in Sec. 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 Sec. 264.144 (a) and (c) and, when 
this estimate has been adjusted in accordance with Sec. 264.144(b), the 
latest adjusted post-closure cost estimate.

[47 FR 15047, Apr. 7, 1982, as amended at 47 FR 32357, July 26, 1982; 50 
FR 4514, Jan. 31, 1985; 51 FR 16449, May 2, 1986; 52 FR 46964, Dec. 10, 
1987]



Sec. 264.145  Financial assurance for post-closure care.

    The owner or operator of a hazardous waste management unit subject 
to the requirements of Sec. 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 regulation, 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 Regional 
Administrator. An owner or operator of a new facility must submit the 
originally signed duplicate of the trust agreement to the Regional 
Administrator 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 Sec. 264.151(a)(1), and the trust agreement must be 
accompanied by a formal certification of acknowledgment (for example, 
see Sec. 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 Regional Administrator 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 Sec. 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 anniversay date of the first 
payment. The amount of each subsequent payment must be determined by 
this formula:

[GRAPHIC] [TIFF OMITTED] TC01AU92.050

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 Sec. 265.145(a) of this chapter, 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 Part 265 of this chapter. The amount 
of each payment must be determined by this formula:

[GRAPHIC] [TIFF OMITTED] TC01AU92.050

where CE is the current post-closure cost estimate, CV is the current 
value

[[Page 203]]

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 Sec. 265.145 of this chapter, 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 Sec. 265.145(a) of this chapter, 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 
Regional Administrator 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 Regional Administrator 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 Regional Administrator will instruct the trustee to 
release to the owner or operator such funds as the Regional 
Administrator specifies in writing.
    (10) During the period of post-closure care, the Regional 
Administrator may approve a release of funds if the owner or operator 
demonstrates to the Regional Administrator 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 Regional Administrator. 
Within 60 days after receiving bills for post-closure care activities, 
the Regional Administrator will instruct the trustee to make 
reimbursements in those amounts as the Regional Administrator specifies 
in writing, if the Regional Administrator determines that the post-
closure care expenditures are in accordance with the approved post-
closure plan or otherwise justified. If the Regional Administrator 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 Regional Administrator 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 Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 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 Regional Administrator. An 
owner or operator of a new facility must submit the bond to the Regional 
Administrator 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

[[Page 204]]

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 Sec. 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 Regional Administrator. This 
standby trust fund must meet the requirements specified in 
Sec. 264.145(a), except that:
    (i) An originally signed duplicate of the trust agreement must be 
submitted to the Regional Administrator 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 
regulations:
    (A) Payments into the trust fund as specified in Sec. 264.145(a);
    (B) Updating of Schedule A of the trust agreement (see 
Sec. 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 Regional Administrator 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 Regional Administrator's written approval of the 
assurance provided, within 90 days after receipt by both the owner or 
operator and the Regional Administrator 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 
Sec. 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 Regional Administrator, 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 Regional Administrator.
    (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 Regional Administrator. 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 Regional 
Administrator, as evidenced by the return receipts.
    (9) The owner or operator may cancel the bond if the Regional 
Administrator 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 Regional Administrator. An 
owner or operator of a new facility must submit the bond to the Regional 
Administrator at least 60 days before the date on which hazardous waste 
is first received for disposal.

[[Page 205]]

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 Sec. 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 Regional Administrator. This 
standby trust fund must meet the requirements specified in 
Sec. 264.145(a), except that:
    (i) An originally signed duplicate of the trust agreement must be 
submitted to the Regional Administrator 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 
regulations:
    (A) Payments into the trust fund as specified in Sec. 264.145(a);
    (B) Updating of Schedule A of the trust agreement (see 
Sec. 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 Regional Administrator's written approval of the 
assurance provided, within 90 days of receipt by both the owner or 
operator and the Regional Administrator 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 Regional Administrator, 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 Regional 
Administrator.
    (8) During the period of post-closure care, the Regional 
Administrator may approve a decrease in the penal sum if the owner or 
operator demonstrates to the Regional Administrator 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 Regional Administrator. 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 Regional 
Administrator, as evidenced by the return receipts.
    (10) The owner or operator may cancel the bond if the Regional 
Administrator has given prior written consent. The Regional 
Administrator will provide such written consent when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or

[[Page 206]]

    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 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 
Regional Administrator releases the owner or operator from the 
requirements of this section in accordance with Sec. 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 Regional Administrator. An 
owner or operator of a new facility must submit the letter of credit to 
the Regional Administrator 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 Sec. 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 Regional Administrator will be deposited by the issuing 
institution directly into the standby trust fund in accordance with 
instructions from the Regional Administrator. This standby trust fund 
must meet the requirements of the trust fund specified in 
Sec. 264.145(a), except that:
    (i) An originally signed duplicate of the trust agreement must be 
submitted to the Regional Administrator 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 
regulations:
    (A) Payments into the trust fund as specified in Sec. 264.145(a);
    (B) Updating of Schedule A of the trust agreement (see 
Sec. 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 Regional 
Administrator 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 Regional 
Administrator 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 
Sec. 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 Regional Administrator, 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 Regional Administrator.
    (8) During the period of post-closure care, the Regional 
Administrator may

[[Page 207]]

approve a decrease in the amount of the letter of credit if the owner or 
operator demonstrates to the Regional Administrator 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 Regional Administrator 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 Regional Administrator within 90 days 
after receipt by both the owner or operator and the Regional 
Administrator of a notice from the issuing institution that it has 
decided not to extend the letter of credit beyond the current expiration 
date, the Regional Administrator will draw on the letter of credit. The 
Regional Administrator 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 Regional Administrator 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 Regional Administrator.
    (11) The Regional Administrator 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 Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 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 to the Regional Administrator. An owner or 
operator of a new facility must submit the certificate of insurance to 
the Regional Administrator 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 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 Sec. 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 Sec. 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 Regional Administrator, to such party or parties as the 
Regional Administrator 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 Regional Administrator. 
Within 60 days after receiving bills for post-closure care activities, 
the Regional Administrator will instruct the insurer to make 
reimbursements in those amounts as the Regional Administrator specifies 
in writing, if the Regional Administrator determines that the post-
closure care expenditures are in accordance with the approved post-
closure plan or otherwise justified. If the Regional Administrator 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

[[Page 208]]

until the Regional Administrator 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 regulations, warranting such remedy as 
the Regional Administrator deems necessary. Such violation will be 
deemed to begin upon receipt by the Regional Administrator 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 Regional 
Administrator. 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 Regional Administrator 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 Regional Administrator 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 Regional Administrator 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 Regional Administrator, 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 Regional Administrator.
    (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 Regional Administrator 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 Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 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,

[[Page 209]]

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 (Sec. 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 (Sec. 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 Regional Administrator:
    (i) A letter signed by the owner's or operator's chief financial 
officer and worded as specified in Sec. 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.
    (4) An owner or operator of a new facility must submit the items 
specified in paragraph (f)(3) of this section to the Regional 
Administrator 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 Regional Administrator 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 send notice to the Regional 
Administrator 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 Regional Administrator 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

[[Page 210]]

owner or operator in addition to those specified in paragraph (f)(3) of 
this section. If the Regional Administrator 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 Regional Administrator 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 Regional Administrator 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 Regional 
Administrator 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 Regional Administrator 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 Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 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 Sec. 264.151(h). 
A certified copy of the guarantee must accompany the items sent to the 
Regional Administrator 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 
Sec. 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 Regional Administrator. 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 Regional 
Administrator, 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 Regional Administrator within 90 
days after receipt by both the owner or operator and the Regional 
Administrator 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

[[Page 211]]

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 
Regional Administrator 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 Regional 
Administrator 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 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 post-closure care of any of the facilities covered by the mechanism, 
the Regional Administrator 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 Regional 
Administrator 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 Regional Administrator has reason to believe that post-
closure care has not been in accordance with the approved post-closure 
plan. The Regional Administrator 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.

[47 FR 15047, Apr. 7, 1982, as amended at 51 FR 16449, May 2, 1986; 57 
FR 42836, Sept. 16, 1992]



Sec. 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 Secs. 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.



Sec. 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

[[Page 212]]

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 Sec. 264.151(i). The wording of 
the certificate of insurance must be identical to the wording specified 
in Sec. 264.151(j). The owner or operator must submit a signed duplicate 
original of the endorsement or the certificate of insurance to the 
Regional Administrator, or Regional Administrators if the facilities are 
located in more than one Region. If requested by a Regional 
Administrator, 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 Regional Administrator 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, 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 Regional Administrator 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.

[[Page 213]]

    (b) Coverage for nonsudden accidental occurrences. An owner or 
operator of a surface impoundment, landfill, land treatment facility, or 
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 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 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 Sec. 264.151(i). The wording of 
the certificate of insurance must be identical to the wording specified 
in Sec. 264.151(j). The owner or operator must submit a signed duplicate 
original of the endorsement or the certificate of insurance to the 
Regional Administrator, or Regional Administrators if the facilities are 
located in more than one Region. If requested by a Regional 
Administrator, 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 Regional Administrator 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, 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 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

[[Page 214]]

assurance as ``primary'' coverage and shall specify other assurance as 
``excess'' coverage.
    (7) An owner or operator shall notify the Regional Administrator 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 Regional Administrator 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 
Regional Administrator. The request for a variance must be submitted to 
the Regional Administrator as part of the application under Sec. 270.14 
of this chapter for a facility that does not have a permit, or pursuant 
to the procedures for permit modification under Sec. 124.5 of this 
chapter 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 Regional Administrator's assessment of the 
degree and duration of risk associated with the ownership or operation 
of the facility or group of facilities. The Regional Administrator may 
require an owner or operator who requests a variance to provide such 
technical and engineering information as is deemed necessary by the 
Regional Administrator 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 Secs. 270.41(a)(5) and 124.5 of 
this chapter.
    (d) Adjustments by the Regional Administrator. If the Regional 
Administrator 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 Regional 
Administrator 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 Regional Administrator'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 Regional 
Administrator 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 Regional 
Administrator, within a reasonable time, any information which the 
Regional Administrator 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 Secs. 270.41(a)(5) and 124.5 of 
this chapter.
    (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 Regional Administrator 
will

[[Page 215]]

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 Regional Administrator 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 three items to the Regional Administrator:
    (i) A letter signed by the owner's or operator's chief financial 
officer and worded as specified in Sec. 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 Secs. 264.143(f), 
264.145(f), 265.143(e), and 265.145(e), and liability coverage, he must 
submit the letter specified in Sec. 264.151(g) to cover both forms of 
financial responsibility; a separate letter as specified in 
Sec. 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.
    (4) An owner or operator of a new facility must submit the items 
specified in paragraph (f)(3) of this section to the Regional 
Administrator 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 Regional Administrator 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 Regional 
Administrator 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 Regional Administrator may disallow use of this test on the 
basis of qualifications in the opinion expressed

[[Page 216]]

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 Regional 
Administrator 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 
Sec. 264.151(h)(2) of this part. A certified copy of the guarantee must 
accompany the items sent to the Regional Administrator 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 Sec. 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 
Sec. 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 
Regional Administrator.
    (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 Sec. 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

[[Page 217]]

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 Sec. 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 Regional Administrator.
    (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 Sec. 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 Sec. 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 Regional 
Administrator.
    (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 Sec. 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.


[47 FR 16554, Apr. 16, 1982, as amended at 47 FR 28627, July 1, 1982; 47 
FR 30447, July 13, 1982; 48 FR 30115, June 30, 1983; 51 FR 16450, May 2, 
1986; 51 FR 25354, July 11, 1986; 52 FR 44320, Nov. 18, 1987; 52 FR 
46964, Dec. 10, 1987; 53 FR 33950, Sept. 1, 1988; 56 FR 30200, July 1, 
1991; 57 FR 42836, Sept. 16, 1992]



Sec. 264.148  Incapacity of owners or operators, guarantors, or financial institutions.

    (a) An owner or operator must notify the Regional Administrator 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

[[Page 218]]

of the proceeding. A guarantor of a corporate guarantee as specified in 
Secs. 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 
(Sec. 264.151(h)).
    (b) An owner or operator who fulfills the requirements of 
Sec. 264.143, Sec. 264.145, or Sec. 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.



Sec. 264.149  Use of State-required mechanisms.

    (a) For a facility located in a State where EPA is administering the 
requirements of this subpart but where the State has hazardous waste 
regulations 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 
Sec. 264.143, Sec. 264.145, or Sec. 264.147, if the Regional 
Administrator determines that the State mechanisms are at least 
equivalent to the financial mechanism specified in this subpart. The 
Regional Administrator 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 
Regional Administrator may also consider other factors as he deems 
appropriate. The owner or operator must submit to the Regional 
Administrator 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 subpart. 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 Regional Administrator will notify the owner or operator 
of his determination regarding the mechanism's acceptability in lieu of 
financial mechanisms specified in this subpart. The Regional 
Administrator 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 Sec. 264.143, Sec. 264.145, or 
Sec. 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 
subpart by increasing the funds available through the State-required 
mechanism or using 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 subpart.



Sec. 264.150  State assumption of responsibility.

    (a) If a 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 Sec. 264.143, Sec. 264.145, or 
Sec. 264.147 if the Regional Administrator determines that the State's 
assumption of responsibility is at least equivalent to the financial 
mechanisms specified in this subpart. The Regional Administrator 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 Regional Administrator may also 
consider other factors as he deems appropriate. The owner or operator 
must submit to the Regional Administrator a letter from the State 
describing the

[[Page 219]]

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 subpart. 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 Regional Administrator 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 subpart. The 
Regional Administrator 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 Sec. 264.143, 
Sec. 264.145, or Sec. 264.147, 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 subpart 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 subpart.



Sec. 264.151  Wording of the instruments.

    (a)(1) A trust agreement for a trust fund, as specified in 
Sec. 264.143(a) or Sec. 264.145(a) or Sec. 265.143(a) or Sec. 265.145(a) 
of this chapter, 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 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 EPA. 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 EPA.
    Section 4. Payment for Closure and Post-Closure Care. The Trustee 
shall make payments from the Fund as the EPA Regional Administrator 
shall direct, in writing, to provide for the payment of the costs of 
closure and/or post-closure care of the facilities covered

[[Page 220]]

by this Agreement. The Trustee shall reimburse the Grantor or other 
persons as specified by the EPA Regional Administrator from the Fund for 
closure and post-closure expenditures in such amounts as the EPA 
Regional Administrator shall direct in writing. In addition, the Trustee 
shall refund to the Grantor such amounts as the EPA Regional 
Administrator 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

[[Page 221]]

Fund, furnish to the Grantor and to the appropriate EPA Regional 
Administrator 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 EPA 
Regional Administrator 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 EPA Regional Administrator, 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 EPA Regional Administrator to 
the Trustee shall be in writing, signed by the EPA Regional 
Administrators of the Regions in which the facilities are located, or 
their designees, 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 EPA 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. The Trustee shall notify the 
Grantor and the appropriate EPA Regional Administrator, 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 EPA Regional Administrator, or by the Trustee and the 
appropriate EPA Regional Administrator 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 EPA Regional 
Administrator, or by the Trustee and the EPA Regional Administrator, 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 EPA Regional 
Administrator 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 [insert 
name of State].
    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

[[Page 222]]

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 40 CFR 264.151(a)(1) 
as such regulations 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 Secs. 264.143(a) and 264.145(a) or Secs. 265.143(a) or 
265.145(a) of this chapter. 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 Sec. 264.143(b) or Sec. 264.145(b) or Sec. 265.143(b) or 
Sec. 265.145(b) of this chapter, 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 U.S. Environmental Protection 
Agency (hereinafter called EPA), 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), 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 an EPA Regional Administrator or a U.S. district court or other court 
of competent jurisdiction,
    Or, if the Principal shall provide alternate financial assurance, as 
specified in subpart H of 40 CFR part 264 or 265, as applicable, and 
obtain the EPA Regional Administrator's written approval of such 
assurance, within 90 days after the date notice of cancellation is 
received by both the Principal and the EPA Regional Administrator(s) 
from the Surety(ies), then this obligation shall be null

[[Page 223]]

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 an EPA Regional Administrator 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 EPA Regional Administrator.
    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 EPA Regional 
Administrator(s) for the Region(s) in which the facility(ies) is (are) 
located, 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 EPA Regional Administrator(s), 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 EPA Regional Administrator(s) of the EPA 
Region(s) in which the bonded facility(ies) is (are) located.
    [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 EPA Regional Administrator(s).
    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 40 CFR 264.151(b) as such regulations 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 Sec. 264.143(c) or Sec. 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 U.S. Environmental Protection 
Agency (hereinafter called EPA), 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

[[Page 224]]

as amended (RCRA), 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 regulations, as such laws, statutes, rules, and 
regulations 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 subpart H of 40 CFR part 264, and obtain the EPA Regional 
Administrator's written approval of such assurance, within 90 days after 
the date notice of cancellation is received by both the Principal and 
the EPA Regional Administrator(s) 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 an EPA Regional Administrator that the 
Principal has been found in violation of the closure requirements of 40 
CFR part 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 EPA Regional Administrator.
    Upon notification by an EPA Regional Administrator that the 
Principal has been found in violation of the post-closure requirements 
of 40 CFR part 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 EPA Regional 
Administrator.
    Upon notification by an EPA Regional Administrator that the 
Principal has failed to provide alternate financial assurance as 
specified in subpart H of 40 CFR part 264, and obtain written approval 
of such assurance from the EPA Regional Administrator(s) during the 90 
days following receipt by both the Principal and the EPA Regional 
Administrator(s) 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 EPA 
Regional Administrator.
    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 EPA 
Regional Administrator(s) for the Region(s) in which the facility(ies) 
is (are) located, 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 EPA Regional 
Administrator(s), 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 EPA Regional Administrator(s) of the EPA 
Region(s) in which the bonded facility(ies) is (are) located.
    [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 EPA Regional Administrator(s).
    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

[[Page 225]]

Principal and Surety(ies) and that the wording of this surety bond is 
identical to the wording specified in 40 CFR 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 Sec. 264.143(d) or 
Sec. 264.145(d) or Sec. 265.143(c) or Sec. 265.145(c) of this chapter, 
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

Regional Administrator(s)
Region(s) ______________________________________________________________
U.S. Environmental Protection Agency

    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 Regional Administrator 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 40 CFR 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 Sec. 264.143(e) or 
Sec. 264.145(e) or Sec. 265.143(d) or Sec. 265.145(d) of this chapter, 
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 and/or 
the amount for post-closure care (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''] for the facilities identified above. The Insurer further 
warrants that such policy conforms in all respects with the requirements 
of 40 CFR 264.143(e), 264.145(e), 265.143(d), and 265.145(d), as 
applicable and as such regulations were constituted on the date shown 
immediately below. It is agreed that any provision of the policy 
inconsistent with such regulations is hereby amended to eliminate such 
inconsistency.

[[Page 226]]

    Whenever requested by the EPA Regional Administrator(s) of the U.S. 
Environmental Protection Agency, the Insurer agrees to furnish to the 
EPA Regional Administrator(s) 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 40 CFR 264.151(e) as such regulations 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 
Sec. 264.143(f) or 264.145(f), or Sec. 265.143(e) or 265.143(e) of this 
chapter, 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

[Address to Regional Administrator of every Region in which facilities 
for which financial responsibility is to be demonstrated through the 
financial test are located].

    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 subpart H of 40 CFR parts 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 
for which financial assurance for closure or post-closure care is 
demonstrated through the financial test specified in subpart H of 40 CFR 
parts 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 subpart 
H of 40 CFR parts 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 where EPA is not administering the financial 
requirements of subpart H of 40 CFR part 264 or 265, 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 subpart H of 40 CFR parts 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 a State through the financial test or any other 
financial assurance mechanism specified in subpart H of 40 CFR parts 264 
and 265 or equivalent or substantially equivalent State mechanisms. 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 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 
Sec. 264.143 or Sec. 264.145, or of paragraph (e)(1)(i) of Sec. 265.143 
or Sec. 265.145 of this chapter are used. Fill in Alternative II if the 
criteria of paragraph (f)(1)(ii) of Sec. 264.143 or Sec. 264.145, or of 
paragraph (e)(1)(ii) of Sec. 265.143 or Sec. 265.145 of this chapter 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

[[Page 227]]

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 40 CFR 264.151(f) as such regulations were 
constituted on the date shown immediately below.

[Signature]_____________________________________________________________

[Name]__________________________________________________________________

[Title]_________________________________________________________________

[Date]__________________________________________________________________

    (g) A letter from the chief financial officer, as specified in 
Sec. 264.147(f) or Sec. 265.147(f) of this chapter, 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

    [Address to Regional Administrator of every Region in which 
facilities for which financial responsibility is to be demonstrated 
through the financial test are located].
    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 subpart H of 
40 CFR parts 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 subpart H 
of 40 CFR parts 264 and 265:________
    The firm identified above guarantees, through the guarantee 
specified in subpart H of 40 CFR parts 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,

[[Page 228]]

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 for which financial assurance for closure or post-closure 
care or liability coverage is demonstrated through the financial test 
specified in subpart H of 40 CFR parts 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 subpart H of 40 CFR parts 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 where EPA is not administering the financial 
requirements of subpart H of 40 CFR parts 264 and 265, 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 subpart H or 
40 CFR parts 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 a State through the financial test or any 
other financial assurance mechanisms specified in subpart H of 40 CFR 
parts 264 and 265 or equivalent or substantially equivalent State 
mechanisms. 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 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 
Sec. 264.147 or Sec. 265.147 are used. Fill in Alternative II if the 
criteria of paragraph (f)(1)(ii) of Sec. 264.147 or Sec. 265.147 are 
used.]

                              Alternative I

    1. Amount of annual aggregate liability coverage to be demonstrated 
$ ________.
    *2. Current assets $ ________.
    *3. Current $ ________.
    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 
Sec. 264.143 or Sec. 264.145 and (f)(1)(i) of Sec. 264.147 are used or 
if the criteria of paragraphs (e)(1)(i) of Sec. 265.143 or Sec. 265.145 
and (f)(1)(i) of Sec. 265.147 are used. Fill in Alternative II if the 
criteria of paragraphs (f)(1)(ii) of Sec. 264.143 or Sec. 264.145 and 
(f)(1)(ii) of

[[Page 229]]

Sec. 264.147 are used or if the criteria of paragraphs (e)(1)(i) of 
Sec. 265.143 or Sec. 265.145 and (f)(1)(ii) of Sec. 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 40 CFR 264.151(g) as such regulations were 
constituted on the date shown immediately below.

[Signature]_____________________________________________________________

[Name]__________________________________________________________________

[Title]_________________________________________________________________

[Date]__________________________________________________________________

    (h)(1) A corporate guarantee, as specified in Sec. 264.143(f) or 
Sec. 264.145(f), or Sec. 265.143(e) or Sec. 265.145(e) of this chapter, 
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 40 CFR [either 264.141(h) or 
265.141(h)]'' to the United States Environmental Protection Agency 
(EPA).

                                Recitals

    1. Guarantor meets or exceeds the financial test criteria and agrees 
to comply with the reporting requirements for guarantors as specified in 
40 CFR 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 40 CFR parts 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 EPA 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

[[Page 230]]

or establish a trust fund as specified in subpart H of 40 CFR part 264 
or 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 
subpart H of 40 CFR parts 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 EPA Regional Administrator(s) for the Region(s) in which 
the facility(ies) is(are) located and to [owner or operator] that he 
intends to provide alternate financial assurance as specified in subpart 
H of 40 CFR part 264 or 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 EPA Regional Administrator 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 an 
EPA Regional Administrator 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 subpart H of 40 
CFR part 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 40 CFR part 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 subpart H of 40 CFR parts 264 and 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 EPA Regional Administrator(s) for the Region(s) in 
which the facility(ies) is(are) located and to [owner or operator], 
provided that this guarantee may not be terminated unless and until [the 
owner or operator] obtains, and the EPA Regional Administrator(s) 
approve(s), alternate closure and/or post-closure care coverage 
complying with 40 CFR 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 EPA Regional 
Administrator(s) for the Region(s) in which the facility(ies) is(are) 
located and by [the owner or operator].
    11. Guarantor agrees that if [owner or operator] fails to provide 
alternate financial assurance as specified in subpart H of 40 CFR part 
264 or 265, as applicable, and obtain written approval of such assurance 
from the EPA Regional Administrator(s) within 90 days after a notice of 
cancellation by the guarantor is received by an EPA Regional 
Administrator 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 EPA 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 40 CFR 264.151(h) as such regulations 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 Sec. 264.147(g) or Sec. 265.147(g) 
of this chapter, 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

[[Page 231]]

common parent corporation], or which guarantor is a subsidiary;'' or 
``an entity with which guarantor has a substantial business 
relationship, as defined in 40 CFR [either 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 
40 CFR 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 EPA Regional Administrator[s] for the Region[s] in which 
the facility[ies] is[are] located and to [owner or operator] that he 
intends to provide alternate liability coverage as specified in 40 CFR 
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 EPA Regional Administrator 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 an 
EPA Regional Administrator 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 40 CFR

[[Page 232]]

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 40 CFR 264.147 and 265.147, provided that such modification shall 
become effective only if a Regional Administrator 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 
40 CFR 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 EPA Regional Administrator(s) for the Region(s) in 
which the facility(ies) is(are) located and to [owner or operator], 
provided that this guarantee may not be terminated unless and until [the 
owner or operator] obtains, and the EPA Regional Administrator(s) 
approve(s), alternate liability coverage complying with 40 CFR 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 EPA Regional 
Administrator(s) for the Region(s) in which the facility(ies) is(are) 
located 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___________________________________________________________

    (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.
    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 40 CFR 264.151(h)(2) as such regulations 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 
Sec. 264.147 or Sec. 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 40 CFR 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''

[[Page 233]]

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 40 CFR 264.147(f) or 
265.147(f).
    (c) Whenever requested by a Regional Administrator of the U.S. 
Environmental Protection Agency (EPA), the Insurer agrees to furnish to 
the Regional Administrator 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 Regional Administrator(s) of the EPA Region(s) 
in which the facility(ies) is(are) located.
    (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 Regional 
Administrator(s) of the EPA Region(s) in which the facility(ies) is 
(are) located.
    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 40 CFR 264.151(i) as such regulation 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 Representive of [name of Insurer]
[Address of Representative]

    (j) A certificate of liability insurance as required in Sec. 264.147 
or Sec. 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 40 CFR 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 40 CFR 264.147(f) or 
265.147(f).
    (c) Whenever requested by a Regional Administrator of the U.S. 
Environmental Protection Agency (EPA), the Insurer agrees to furnish to 
the Regional Administrator a signed duplicate original of the policy and 
all endorsements.
    (d) Cancellation of the insurance, whether by the insurer, the 
insured, a parent corportation 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

[[Page 234]]

a copy of such written notice is received by the Regional 
Administrator(s) of the EPA Region(s) in which the facility(ies) is(are) 
located.
    (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 Regional 
Administrator(s) of the EPA Region(s) in which the facility(ies) is 
(are) located.
    I hereby certify that the wording of this instrument is identical to 
the wording specified in 40 CFR 264.151(j) as such regulation 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 Sec. 264.147(h) or 
265.147(h) of this chapter, 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_________________________________

Regional Administrator(s)_______________________________________________

Region(s)_______________________________________________________________

U.S. Environmental Protection Agency____________________________________

    Dear Sir or Madam: We hereby establish our Irrevocable Standby 
Letter of Credit No. ____________ in the favor of [``any and all third-
party liability claimants'' or insert name of trustee of the standby 
trust fund], at the request and for the account of [owner 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 [insert the following language if the 
letter of credit is being used without a standby trust fund: ``(1) a 
signed certificate reading as follows:

                       Certificate 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 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]____________________________________________________________

Grantor_________________________________________________________________

[Signatures]____________________________________________________________


[[Page 235]]

________________________________________________________________________
Claimant(s)_____________________________________________________________

or (2) 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.
    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 USEPA Regional Administrator 
for Region [Region ], 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 40 CFR 264.151(k) 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''].
    (l) A surety bond, as specified in Sec. 264.147(h) or 
Sec. 265.147(h) of this chapter, 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: ________

------------------------------------------------------------------------
                                                           Nonsudden    
                                   Sudden accidental      accidental    
                                      occurrences         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 U.S. Environmental Protection 
Agency (EPA), particularly 40 CFR [``Sec. 264.147'' or ``Sec. 265.147''] 
(if applicable).
    (3) Rules and regulations of the governing State agency (if 
applicable) [insert citation].
    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,

[[Page 236]]

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] accidential 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 Regional Administrator 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 USEPA Regional 
Administrator for Region [Region ], 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 
Regional Administrator, as evidenced by the return receipt.
    (8) The Principal may terminate this bond by sending written notice 
to the Surety(ies) and to the EPA Regional Administrator(s) of the EPA 
Region(s) in which the bonded facility(ies) is (are) located.
    (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 40 CFR 264.151(1), as such regulations 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 Sec. 264.147(j) or 
Sec. 265.147(j) of this chapter, must be worded as follows, except

[[Page 237]]

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 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 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

[[Page 238]]

adequacy of, nor any duty to collect from the Grantor, any payments 
necessary to discharge any liabilities of the Grantor established by 
EPA.
    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

[[Page 239]]

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 appropriate EPA Regional Administrator 
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 EPA Regional 
Administrator 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 EPA Regional Administrator, 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 EPA Regional Administrator to 
the Trustee shall be in writing, signed by the EPA Regional 
Administrators of the Regions in which the facilities are located, or 
their designees, 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 EPA 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 EPA Regional 
Administrator.

[[Page 240]]

    Section 16. Amendment of Agreement. This Agreement may be amended by 
an instrument in writing executed by the Grantor, the Trustee, and the 
appropriate EPA Regional Administrator, or by the Trustee and the 
appropriate EPA Regional Administrator 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 EPA Regional 
Administrator, or by the Trustee and the EPA Regional Administrator, 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 Regional Administrator 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 EPA Regional 
Administrator 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 [enter 
name of State].
    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 40 CFR 264.151(m) as 
such regulations 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 Secs. 264.147(j) or 265.147(j) of this chapter. 
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 Sec. 264.147(h) or 
265.147(h) of this chapter, 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, 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 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

[[Page 241]]

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 or [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 [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 EPA.
    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]____________________________________________________________


[[Page 242]]

________________________________________________________________________
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 
40 CFR 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

[[Page 243]]

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 EPA Regional Administrator 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 EPA Regional Administrator 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 14. Amendment of Agreement. This Agreement may be amended by 
an instrument in writing executed by the Grantor, the Trustee, and the 
EPA Regional Administrator, or by the Trustee and the EPA Regional 
Administrator 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 EPA Regional 
Administrator, or by the Trustee and the EPA Regional Administrator, 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 Regional Administrator 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 EPA Regional 
Administrator 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 [enter 
name of State].
    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 40 CFR 264.151(n) as 
such regulations 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 
chapter. State requirements may differ on the proper content of this 
acknowledgement.

State of________________________________________________________________


[[Page 244]]

________________________________________________________________________
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]


[47 FR 15059, Apr. 7, 1982, as amended at 47 FR 16556, Apr. 16, 1982; 47 
FR 17989, Apr. 27, 1982; 47 FR 19995, May 10, 1982; 47 FR 28627, July 1, 
1982; 51 FR 16450, May 2, 1986; 51 FR 25354, July 11, 1986; 52 FR 44320, 
Nov. 18, 1987; 53 FR 33952, Sept. 1, 1988; 57 FR 42836, Sept. 16, 1992; 
59 FR 29960, June 10, 1994]



               Subpart I--Use and Management of Containers

    Source: 46 FR 2866, Jan. 12, 1981, unless otherwise noted.



Sec. 264.170  Applicability.

    The regulations in this subpart apply to owners and operators of all 
hazardous waste facilities that store containers of hazardous waste, 
except as Sec. 264.1 provides otherwise.

[Comment: Under Sec. 261.7 and Sec. 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 
Sec. 261.7. In that event, management of the container is exempt from 
the requirements of this subpart.]



Sec. 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.



Sec. 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.



Sec. 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.]



Sec. 264.174  Inspections.

    At least weekly, the owner or operator must inspect areas where 
containers are stored, looking for leaking containers and for 
deterioration of containers and the containment system caused by 
corrosion or other factors.

[Comment: See Secs. 264.15(c) and 264.171 for remedial action required 
if deterioration or leaks are detected.]



Sec. 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 underly 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. Containers that do not

[[Page 245]]

contain free liquids need not be considered in this determination;
    (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 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 part 
261 of this Chapter, it must be managed as a hazardous waste in 
accordance with all applicable requirements of parts 262 through 266 of 
this chapter. 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) FO20, FO21, FO22, FO23, FO26, and FO27.
    (2) [Reserved]

[46 FR 55112, Nov. 6, 1981, as amended at 50 FR 2003, Jan. 14, 1985]



Sec. 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 Sec. 264.17(a) for additional requirements.]



Sec. 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 Sec. 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 Sec. 264.13, the waste analysis plan must 
include analyses needed to comply with Sec. 264.177. Also, 
Sec. 264.17(c) requires wastes analyses, trial tests or other 
documentation to assure compliance with Sec. 264.17(b). As required by 
Sec. 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.]



Sec. 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 Sec. 261.3(d) of 
this chapter 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 parts 262 through 266 of this chapter].

[[Page 246]]



Sec. 264.179  Air emission standards.

    The owner or operator shall manage all hazardous waste placed in a 
container in accordance with the requirements of subpart CC of this 
part.

[59 FR 62926, Dec. 6, 1994]

    Effective Date Note: At 59 FR 62926, Dec. 6, 1994, Sec. 264.179 was 
added. At 60 FR 26828, May 19, 1995, the effective date was delayed to 
Dec. 6, 1995; at 60 FR 56952, Nov. 13, 1995, the effective date was 
delayed to June 6, 1996; and at 61 FR 28508, June 5, 1996, the effective 
date was further delayed to Oct. 6, 1996.



                         Subpart J--Tank Systems

    Source: 51 FR 25472, July 14, 1986, unless otherwise noted.



Sec. 264.190  Applicability.

    The requirements of this subpart 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 Sec. 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 Sec. 264.193. 
To demonstrate the absence or presence of free liquids in the stored/
treated waste, the following test must be used: Method 9095 (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 Sec. 260.11 of this chapter.
    (b) Tank systems, including sumps, as defined in Sec. 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 
Sec. 264.193(a).
    (c) Tanks, sumps, and other such collection devices or systems used 
in conjunction with drip pads, as defined in Sec. 260.10 of this chapter 
and regulated under 40 CFR part 264 subpart W, must meet the 
requirements of this subpart.

[51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at 
53 FR 34086, Sept. 2, 1988; 55 FR 50484, Dec. 6, 1990; 58 FR 46050, Aug. 
31, 1993]



Sec. 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 Sec. 264.193, 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 
registered professional engineer, in accordance with Sec. 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, registered professional engineer in accordance 
with Sec. 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

[[Page 247]]

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 Sec. 264.196.

[51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986]



Sec. 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 Regional Administrator, at time of submittal of 
part B information, a written assessment, reviewed and certified by an 
independent, qualified registered professional engineer, in accordance 
with Sec. 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 
Regional Administrator 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 
Sec. 264.18(a); and
    (iii) Tank systems will withstand the effects of frost heave.

[[Page 248]]

    (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, 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 Regional Administrator 
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 Sec. 270.11(d) of this 
chapter.

[51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986]



Sec. 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 tank systems or components, prior to their being put 
into service;
    (2) For all existing tank systems used to store or treat EPA 
Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027, within two 
years after January 12, 1987;
    (3) For those existing tank systems of known and documented age, 
within two years after January 12, 1987 or when the tank system has 
reached 15 years of age, whichever comes later;
    (4) For those existing tank systems for which the age cannot be 
documented, within eight years of January 12, 1987; but if the age of 
the facility is

[[Page 249]]

greater than seven years, secondary containment must be provided by the 
time the facility reaches 15 years of age, or within two years of 
January 12, 1987, whichever comes later; and
    (5) For tank systems that store or treat materials that become 
hazardous wastes subsequent to January 12, 1987, within the time 
intervals required in paragraphs (a)(1) through (a)(4) of this section, 
except that the date that a material becomes a hazardous waste must be 
used in place of January 12, 1987.
    (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 Regional Administrator 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 Regional Administrator 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 part 261 
of this chapter, it is subject to management as a hazardous waste in 
accordance with all applicable requirements of parts 262 through 265 of 
this chapter. 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 sub]ect 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 Regional Administrator
    (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

[[Page 250]]

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 Sec. 262.21 of 
this chapter; or
    (B) Meets the definition of reactive waste under Sec. 262.21 of this 
chapter, 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 
Regional Administrator, and the Regional Administrator 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 Regional Administrator 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

[[Page 251]]

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 Regional 
Administrator 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 Regional 
Administrator 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 Sec. 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 Sec. 264.197(b).
    (4) The owner or operator of a tank system, for which a variance 
from secondary containment had been granted

[[Page 252]]

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 Sec. 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 
Sec. 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 Sec. 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 Regional Administrator 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 Regional Administrator 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 Regional Administrator of an intent to conduct 
the demonstration; and
    (4) If a variance is granted under this paragraph, the Regional 
Administrator 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 Sec. 264.191(b)(5) or other tank integrity method, as 
approved or required by the Regional Administrator, 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 
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 Regional Administrator 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,

[[Page 253]]

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 Sec. 264.196.

[51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at 
53 FR 34086, Sept. 2, 1988]



Sec. 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 
Sec. 264.196 if a leak or spill occurs in the tank system.



Sec. 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:
    (1) Aboveground portions of the tank system, if any, to detect 
corrosion or releases of waste;
    (2) 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; 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).

    [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 Regional Administrator 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) 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.]

    (d) 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.



Sec. 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

[[Page 254]]

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 Regional Administrator 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 
Regional Administrator:
    (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 Regional Administrator 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 Sec. 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 
Sec. 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

[[Page 255]]

the requirements for new tank systems or components in Secs. 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 
Sec. 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 
Sec. 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 Regional Administrator within 
seven days after returning the tank system to use.

    [Note: The Regional Administrator may, on the basis of any 
information received that there is or has been a release of hazardous 
waste or hazardous constituents into the environment, issue an order 
under RCRA section 3004(v), 3008(h), or 7003(a) requiring corrective 
action or such other response as deemed necessary to protect human 
health or the environment.]

    [Note: See Sec. 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.]

[51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at 
53 FR 34086, Sept. 2, 1988]



Sec. 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 Sec. 261.3(d) of this chapter applies. The closure plan, closure 
activities, cost estimates for closure, and financial responsibility for 
tank systems must meet all of the requirements specified in subparts 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 
(Sec. 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 subparts 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 Sec. 264.193 (b) 
through (f) and has not been granted a variance from the secondary 
containment requirements in accordance with Sec. 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,

[[Page 256]]

and financial responsibility requirements for landfills under subparts G 
and H of this part.

[51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986]



Sec. 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 Secs. 261.21 
or 261.23 of this chapter, 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 
Sec. 260.11).



Sec. 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 Sec. 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 Sec. 264.17(b) is complied with.



Sec. 264.200  Air emission standards.

    The owner or operator shall manage all hazardous waste placed in a 
tank in accordance with the requirements of subpart CC of this part.

[59 FR 62926, Dec. 6, 1994]

    Effective Date Note: At 59 FR 62926, Dec. 6, 1994, Sec. 264.200 was 
added. At 60 FR 26828, May 19, 1995, the effective date was delayed to 
Dec. 6, 1995; at 60 FR 56952, Nov. 13, 1995, the effective date was 
delayed to June 6, 1996; and at 61 FR 28508, June 5, 1996, the effective 
date was further delayed to Oct. 6, 1996.



                     Subpart K--Surface Impoundments

    Source: 47 FR 32357, July 26, 1982, unless otherwise noted.



Sec. 264.220  Applicability.

    The regulations in this subpart apply to owners and operators of 
facilities that use surface impoundments to treat, store, or dispose of 
hazardous waste except as Sec. 264.1 provides otherwise.



Sec. 264.221  Design and operating requirements.

    (a) Any surface impoundment that is not covered by paragraph (c) of 
this section or Sec. 265.221 of this chapter 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 Sec. 264.228(a)(1). For 
impoundments that will be closed in accordance with Sec. 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

[[Page 257]]

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 Regional Administrator 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 Sec. 264.93) 
into the ground water or surface water at any future time. In deciding 
whether to grant an exemption, the Regional Administrator 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 
Sec. 260.10 of this chapter 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 1 x 10/-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 1 x 10/-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 3 x 10/-4/ m\2\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

[[Page 258]]

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 Regional Administrator may approve alternative design or 
operating practices to those specified in paragraph (c) of this section 
if the owner or operator demonstrates to the Regional Administrator 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 Regional Administrator 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 EP toxicity characteristics in Sec. 261.24 of this 
chapter; 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 
Sec. 144.3 of this chapter); and
    (C) The monofill is in compliance with generally applicable ground-
water monitoring requrements 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

[[Page 259]]

    (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 Regional Administrator will specify in the permit all design 
and operating practices that are necessary to ensure that the 
requirements of this section are satisfied.

[47 FR 32357, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 50 
FR 28747, July 15, 1985; 57 FR 3487, Jan. 29, 1992]



Sec. 264.222  Action leakage rate.

    (a) The Regional Administrator shall approve an action leakage rate 
for surface impoundment units subject to Sec. 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 Sec. 264.226(d) to an average daily flow 
rate (gallons per acre per day) for each sump. Unless the Regional 
Administrator 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 
Sec. 264.228(b), monthly during the post-closure care period when 
monthly monitoring is required under Sec. 264.226(d).

[57 FR 3487, Jan. 29, 1992]



Sec. 264.223  Response actions.

    (a) The owner or operator of surface impoundment units subject to 
Sec. 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 Regional Administrator in writing of the exceedence 
within 7 days of the determination;
    (2) Submit a preliminary written assessment to the Regional 
Administrator 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 Regional Administrator 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

[[Page 260]]

rate in the leak detection system exceeds the action leakage rate, the 
owner or operator must submit to the Regional Administrator 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.

[57 FR 3488, Jan. 29, 1992]
Secs. 264.224--264.225  [Reserved]



Sec. 264.226  Monitoring and inspection.

    (a) During construction and installation, liners (except in the case 
of existing portions of surface impoundments exempt from 
Sec. 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 
inperfections 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 Sec. 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 Regional Administrator based on pump 
activation level, sump dimensions, and level that avoids

[[Page 261]]

backup into the drainage layer and minimizes head in the sump.

[47 FR 32357, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 50 
FR 28748, July 15, 1985; 57 FR 3488, Jan. 29, 1992]



Sec. 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 Regional Administrator of the problem in writing 
within seven days after detecting the problem.
    (c) As part of the contingency plan required in subpart D of this 
part, 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 Sec. 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 Sec. 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 
Sec. 264.228.

[47 FR 32357, July 26, 1982, as amended at 50 FR 28748, July 15, 1985]



Sec. 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 Sec. 261.3(d) of this chapter 
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 Secs. 264.117 through 264.120, 
including maintenance and monitoring throughout the post-

[[Page 262]]

closure care period (specified in the permit under Sec. 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 Secs. 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 subpart 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 Sec. 264.221(a) and is 
not exempt from them in accordance with Sec. 264.221(b), then:
    (i) The closure plan for the impoundment under Sec. 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 Sec. 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 Secs. 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.

[47 FR 32357, July 26, 1982, as amended at 50 FR 28748, July 15, 1985; 
57 FR 3488, Jan. 29, 1992]



Sec. 264.229  Special requirements for ignitable or reactive waste.

    Ignitable or reactive waste must not be placed in a surface 
impoundment, unless the waste and impoundment satisfy all applicable 
requirements of 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 
Sec. 261.21 or Sec. 261.23 of this chapter; 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.

[47 FR 32357, July 26, 1982, as amended at 55 FR 22685, June 1, 1990]



Sec. 264.230  Special requirements for incompatible wastes.

    Incompatible wastes, or incompatible wastes and materials, (see 
appendix V of this part for examples) must not be placed in the same 
surface impoundment, unless Sec. 264.17(b) is complied with.



Sec. 264.231  Special requirements for hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27.

    (a) Hazardous Wastes FO20, FO21, FO22, FO23, FO26, and FO27 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 Regional Administrator 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;

[[Page 263]]

    (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 Regional Administrator may determine that additional design, 
operating, and monitoring requirements are necessary for surface 
impoundments managing hazardous wastes FO20, FO21, FO22, FO23, FO26, and 
FO27 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.

[50 FR 2004, Jan. 14, 1985]



Sec. 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 subpart CC of 
this part.

[59 FR 62926, Dec. 6, 1994]

    Effective Date Note: At 59 FR 62926, Dec. 6, 1994, Sec. 264.232 was 
added. At 60 FR 26828, May 19, 1995, the effective date was delayed to 
Dec. 6, 1995; at 60 FR 56952, Nov. 13, 1995, the effective date was 
delayed to June 6, 1996; and at 61 FR 28508, June 5, 1996, the effective 
date was further delayed to Oct. 6, 1996.



                         Subpart L--Waste Piles

    Source: 47 FR 32359, July 26, 1982, unless otherwise noted.



Sec. 264.250  Applicability.

    (a) The regulations in this subpart apply to owners and operators of 
facilities that store or treat hazardous waste in piles, except as 
Sec. 264.1 provides otherwise.
    (b) The regulations in this subpart 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 subpart N of this part 
(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 
Sec. 264.251 or under subpart F of this part, 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.



Sec. 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 Regional Administrator will 
specify design and operating conditions in the permit to ensure that the 
leachate

[[Page 264]]

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 resistent 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 Regional Administrator 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 Sec. 264.93) 
into the ground water or surface water at any future time. In deciding 
whether to grant an exemption, the Regional Administrator 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 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 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. 
``Construction commences'' is as defined in Sec. 260.10 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 1 x 10-7 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 Regional Administrator 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;

[[Page 265]]

    (ii) Constructed of granular drainage materials 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 m\2\/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 Regional Administrator may approve alternative design or 
operating practices to those specified in paragraph (c) of this section 
if the owner or operator demonstrates to the Regional Administrator 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 Regional Administrator in accordance with 
Sec. 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 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 Regional Administrator will specify in the permit all design 
and operating practices that are necessary to ensure that the 
requirements of this section are satisfied.

[47 FR 32359, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 57 
FR 3488, Jan. 29, 1992]



Sec. 264.252  Action leakage rate.

    (a) The Regional Administrator shall approve an action leakage rate 
for surface impoundment units subject to Sec. 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,

[[Page 266]]

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 Sec. 264.254(c), to an average daily flow rate 
(gallons per acre per day) for each sump. Unless the Regional 
Administrator approves a different calculation, the average daily flow 
rate for each sump must be calculated weekly during the active life and 
closure period.

[57 FR 3489, Jan. 29, 1992]



Sec. 264.253  Response actions.

    (a) The owner or operator of waste pile units subject to 
Sec. 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 Regional Administrator in writing of the exceedance 
within 7 days of the determination;
    (2) Submit a preliminary written assessment to the Regional 
Administrator 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 Regional Administrator 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 Regional Administrator 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.

[57 FR 3489, Jan. 29, 1992]



Sec. 264.254  Monitoring and inspection.

    (a) During construction or installation, liners (except in the case 
of existing portions of piles exempt from Sec. 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

[[Page 267]]

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 Sec. 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.

[47 FR 32359, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 50 
FR 28748, July 15, 1985; 57 FR 3489, Jan. 29, 1992]
Sec. 264.255  [Reserved]



Sec. 264.256  Special requirements for ignitable or reactive waste.

    Ignitable or reactive waste must not be placed in a waste pile 
unless the waste and waste pile satisfy all applicable requirements of 
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 
Sec. 261.21 or Sec. 261.23 of this chapter; 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.

[47 FR 32359, July 26, 1982, as amended at 55 FR 22685, June 1, 1990]



Sec. 264.257  Special requirements for incompatible wastes.

    (a) Incompatible wastes, or incompatible wastes and materials, (see 
appendix V of this part for examples) must not be placed in the same 
pile, unless Sec. 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 
Sec. 264.17(b).



Sec. 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 
Sec. 261.3(d) of this chapter 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 (Sec. 264.310).
    (c)(1) The owner or operator of a waste pile that does not comply 
with the liner requirements of Sec. 264.251(a)(1) and is not exempt from 
them in accordance with Sec. 264.250(c) or Sec. 264.251(b), must:
    (i) Include in the closure plan for the pile under Sec. 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 Sec. 264.118 for 
complying with paragraph (b) of this section in case

[[Page 268]]

not all contaminated subsoils can be practicably removed at closure.
    (2) The cost estimates calculated under Secs. 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.



Sec. 264.259  Special requirements for hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27.

    (a) Hazardous Wastes FO20, FO21, FO22, FO23, FO26, and FO27 must not 
be placed in waste piles that are not enclosed (as defined in 
Sec. 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 Regional Administrator 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 Regional Administrator may determine that additional design, 
operating, and monitoring requirements are necessary for piles managing 
hazardous wastes FO20, FO21, FO22, FO23, FO26, and, FO27 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.

[50 FR 2004, Jan. 14, 1985]



                        Subpart M--Land Treatment

    Source: 47 FR 32361, July 26, 1982, unless otherwise noted.



Sec. 264.270  Applicability.

    The regulations in this subpart apply to owners and operators of 
facilities that treat or dispose of hazardous waste in land treatment 
units, except as Sec. 264.1 provides otherwise.



Sec. 264.271  Treatment program.

    (a) An owner or operator subject to this subpart 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 Regional 
Administrator 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 Sec. 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 Sec. 264.273(a); and
    (3) Unsaturated zone monitoring provisions meeting the requirements 
of Sec. 264.278.
    (b) The Regional Administrator will specify in the facility permit 
the hazardous constituents that must be degraded, transformed, or 
immobilized under this subpart. Hazardous constituents are constituents 
identified in appendix VIII of part 261 of this chapter that are 
reasonably expected to be in, or derived from, waste placed in or on the 
treatment zone.
    (c) The Regional Administrator 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.

[47 FR 32361, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985]

[[Page 269]]



Sec. 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 Sec. 270.63. The Regional 
Administrator 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 part 261 of this chapter 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.

[47 FR 32361, July 26, 1982, as amended at 48 FR 14294, Apr. 1, 1983]



Sec. 264.273  Design and operating requirements.

    The Regional Administrator 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 Sec. 264.272. At a minimum, the Regional 
Administrator 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

[[Page 270]]

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.

[47 FR 32361, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985]
Secs. 264.274--264.275  [Reserved]



Sec. 264.276  Food-chain crops.

    The Regional Administrator 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 Regional Administrator 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 part 261 of this chapter 
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:

------------------------------------------------------------------------
                                                              Annual Cd 
                                                             application
                                                                 rate   
                        Time period                           (kilograms
                                                                 per    
                                                               hectare) 
------------------------------------------------------------------------
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 must not 
exceed 5

[[Page 271]]

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.
Sec. 264.277  [Reserved]



Sec. 264.278  Unsaturated zone monitoring.

    An owner or operator subject to this subpart 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 Regional Administrator will specify the hazardous 
constituents to be monitored in the facility permit. The hazardous 
constituents to be monitored are those specified under Sec. 264.271(b).
    (2) The Regional Administrator may require monitoring for principal 
hazardous constituents (PHCs) in lieu of the constituents specified 
under Sec. 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 Regional Administrator 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 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,

[[Page 272]]

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 Regional 
Administrator 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 Regional 
Administrator 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 Regional Administrator 
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 Regional Administrator 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 Regional Administrator 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

[[Page 273]]

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 Regional Administrator 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 Regional Administrator 
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 Regional Administrator 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.

[47 FR 32361, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985]



Sec. 264.279  Recordkeeping.

    The owner or operator must include hazardous waste application dates 
and rates in the operating record required under Sec. 264.73.

[47 FR 32361, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985]



Sec. 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 
Sec. 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 Sec. 264.273(b);
    (3) Maintain the run-on control system required under 
Sec. 264.273(c);
    (4) Maintain the run-off management system required under 
Sec. 264.273(d);
    (5) Control wind dispersal of hazardous waste if required under 
Sec. 264.273(f);
    (6) Continue to comply with any prohibitions or conditions 
concerning growth of food-chain crops under Sec. 264.276;
    (7) Continue unsaturated zone monitoring in compliance with 
Sec. 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 Sec. 264.115, when closure is 
completed the owner or operator may submit to the Regional Administrator 
certification by an independent qualified soil scientist, in lieu of an 
independent 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 
Sec. 264.273(c);
    (4) Maintain the run-off management system required under 
Sec. 264.273(d);
    (5) Control wind dispersal of hazardous waste if required under 
Sec. 264.273(f);
    (6) Continue to comply with any prohibitions or conditions 
concerning growth of food-chain crops under Sec. 264.276; and

[[Page 274]]

    (7) Continue unsaturated zone monitoring in compliance with 
Sec. 264.278, expect 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 Regional Administrator 
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 Regional Administrator at any time during 
the closure of 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 Sec. 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 Subpart 
F of this chapter if the Regional Administrator finds that the owner or 
operator satisfies paragraph (d) of this section and if unsaturated zone 
monitoring under Sec. 264.278 indicates that hazardous constituents have 
not migrated beyond the treatment zone during the active life of the 
land treatment unit.



Sec. 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 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 
Sec. 261.21 or Sec. 261.23 of this chapter; 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.

[47 FR 32361, July 26, 1982, as amended at 55 FR 22685, June 1, 1990]



Sec. 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 part for 
examples), in or on the same treatment zone, unless Sec. 264.17(b) is 
complied with.



Sec. 264.283  Special requirements for hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27.

    (a) Hazardous Wastes FO20, FO21, FO22, FO23, FO26 and, FO27 must not

[[Page 275]]

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 Regional Administrator 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 Regional Administrator may determine that additional design, 
operating, and monitoring requirements are necessary for land treatment 
facilities managing hazardous wastes FO20, FO21, FO22, FO23, FO26, and 
FO27 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.

[50 FR 2004, Jan. 14, 1985]



                          Subpart N--Landfills

    Source: 47 FR 32365, July 26, 1982, unless otherwise noted.



Sec. 264.300  Applicability.

    The regulations in this subpart apply to owners and operators of 
facilities that dispose of hazardous waste in landfills, except as 
Sec. 264.1 provides otherwise.



Sec. 264.301  Design and operating requirements.

    (a) Any landfill that is not covered by paragraph (c) of this 
section or Sec. 265.301(a) of this chapter 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 Regional Administrator 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 Regional Administrator finds, based 
on a demonstration by the owner or operator, that alternative design and 
operating practices, together with location characteristics, will 
prevent the migration

[[Page 276]]

of any hazardous constituents (see Sec. 264.93) into the ground water or 
surface water at any future time. In deciding whether to grant an 
exemption, the Regional Administrator 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 Sec. 260.10 of this chapter 
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 1 x 10-7 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 Regional Administrator 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 (3)(c) (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 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;
    (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

[[Page 277]]

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 Regional Administrator may approve alternative design or 
operating practices to those specified in paragraph (c) of this section 
if the owner or operator demonstrates to the Regional Administrator 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 Regional Administrator 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 Sec. 261.24 of this chapter, 
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 
Sec. 144.3 of this chapter); 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 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 Regional Administrator will specify in the permit all design 
and operating practices that are necessary to ensure that the 
requirements of this section are satisfied.
    (l) Any permit under RCRA 3005(c) which is issued for a landfill 
located within the State of Alabama shall require the installation of 
two or more liners and a leachate collection system above and between 
such liners, notwithstanding any other provision of RCRA.

[47 FR 32365, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 50 
FR 28748, July 15, 1985; 55 FR 11875, Mar. 29, 1990; 57 FR 3489, Jan. 
29, 1992]

[[Page 278]]



Sec. 264.302  Action leakage rate.

    (a) The Regional Administrator shall approve an action leakage rate 
for surface impoundment units subject to Sec. 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 Sec. 264.303(c), to an average daily flow 
rate (gallons per acre per day) for each sump. Unless the Regional 
Administrator 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 Sec. 264.303(c).

[57 FR 3490, Jan. 29, 1992]



Sec. 264.303  Monitoring and inspection.

    (a) During construction or installation, liners (except in the case 
of existing portions of landfills exempt from Sec. 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 Sec. 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 Regional Administrator based on pump 
activation level, sump dimensions, and level that avoids backup into the 
drainage layer and minimizes head in the sump.

[47 FR 32365, July 26, 1982, as amended at 50 FR 28748, July 15, 1985; 
57 FR 3490, Jan. 29, 1992]

[[Page 279]]



Sec. 264.304  Response actions.

    (a) The owner or operator of landfill units subject to 
Sec. 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 Regional Administrator in writing of the exceedence 
within 7 days of the determination;
    (2) Submit a preliminary written assessment to the Regional 
Administrator 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 Regional Administrator 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 Regional Administrator 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.

[57 FR 3491, Jan. 29, 1992]
Secs. 264.305--264.308  [Reserved]



Sec. 264.309  Surveying and recordkeeping.

    The owner or operator of a landfill must maintain the following 
items in the operating record required under Sec. 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.

[47 FR 32365, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985]



Sec. 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 Secs. 264.117 through 264.120, 
including maintenance and monitoring throughout the post-closure care 
period (specified in the permit under Sec. 264.117). The owner or 
operator must:

[[Page 280]]

    (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 Secs. 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 subpart F of this part;
    (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 
Sec. 264.309.

[47 FR 32365, July 26, 1982, as amended at 50 FR 28748, July 15, 1985; 
57 FR 3491, Jan. 29, 1992]
Sec. 264.311  [Reserved]



Sec. 264.312  Special requirements for ignitable or reactive waste.

    (a) Except as provided in paragraph (b) of this section, and in 
Sec. 264.316, ignitable or reactive waste must not be placed in a 
landfill, unless the waste and landfill meet all applicable requirements 
of part 268, and:
    (1) The resulting waste, mixture, or dissolution of material no 
longer meets the definition of ignitable or reactive waste under 
Sec. 261.21 or Sec. 261.23 of this chapter; and
    (2) Section 264.17(b) is complied with.
    (b) Except for prohibited wastes which remain subject to treatment 
standards in subpart D of part 268, ignitable wastes in containers may 
be landfilled without meeting the requirements of paragraph (a) of this 
section, provided that the wastes are disposed of in such a way that 
they are protected from any material or conditions which may cause them 
to ignite. At a minimum, ignitable wastes must be disposed of in non-
leaking containers which are carefully handled and placed so as to avoid 
heat, sparks, rupture, or any other condition that might cause ignition 
of the wastes; must be covered daily with soil or other non-combustible 
material to minimize the potential for ignition of the wastes; and must 
not be disposed of in cells that contain or will contain other wastes 
which may generate heat sufficient to cause ignition of the waste.

[47 FR 32365, July 26, 1982, as amended at 55 FR 22685, June 1, 1990]



Sec. 264.313  Special requirements for incompatible wastes.

    Incompatible wastes, or incompatible wastes and materials, (see 
appendix V of this part for examples) must not be placed in the same 
landfill cell, unless Sec. 264.17(b) is complied with.



Sec. 264.314  Special requirements for bulk and containerized liquids.

    (a) Bulk or non-containerized liquid waste or waste containing free 
liquids may be placed in a landfill prior to May 8, 1985 only if:
    (1) The landfill has a liner and leachate collection and removal 
system that meet the requirements of Sec. 264.301(a); or
    (2) Before disposal, the liquid waste or waste containing free 
liquids is treated or stabilized, chemically or physically (e.g., by 
mixing with a sorbent solid), so that free liquids are no longer 
present.
    (b) Effective May 8, 1985, 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) To demonstrate the absence or presence of free liquids in either 
a containerized or a bulk waste, the following test must be used: Method 
9095 (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 Sec. 260.11 of this chapter.
    (d) 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

[[Page 281]]

    (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 Sec. 264.316 and is 
disposed of in accordance with Sec. 264.316.
    (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 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) Effective November 8, 1985, 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 Regional Administrator, or 
the Regional Administrator 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 Sec. 144.3 of this chapter.)

[47 FR 32365, July 26, 1982, as amended at 50 FR 18374, Apr. 30, 1985; 
50 FR 28748, July 15, 1985; 57 FR 54460, Nov. 18, 1992; 58 FR 46050, 
Aug. 31, 1993; 60 FR 35705, July 11, 1995]



Sec. 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.



Sec. 264.316  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 contained waste. Inside containers must be tightly and 
securely sealed. The inside containers must be

[[Page 282]]

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 Sec. 264.314(e), to completely sorb 
all of the liquid contents of the inside containers. The metal outer 
container must be full after it has been packed 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 Sec. 264.17(b).
    (d) Incompatible wastes, as defined in Sec. 260.10 of this chapter, 
must not be placed in the same outside container.
    (e) Reactive wastes, other than cyanide- or sulfide-bearing waste as 
defined in Sec. 261.23(a)(5) of this chapter, 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 part 
268. Persons who incinerate lab packs according to the requirements in 
40 CFR 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.

[47 FR 32365, July 26, 1982, as amended at 55 FR 22685, June 1, 1990; 57 
FR 54460, Nov. 18, 1992]



Sec. 264.317  Special requirements for hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27.

    (a) Hazardous Wastes FO20, FO21, FO22, FO23, FO26, and FO27 must not 
be placed in a landfills unless the owner or operator operates the 
landfill in accord with a management plan for these wastes that is 
approved by the Regional Administrator 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 Regional Administrator may determine that additional design, 
operating, and monitoring requirements are necessary for landfills 
managing hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27 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.

[50 FR 2004, Jan. 14, 1985]



                         Subpart O--Incinerators



Sec. 264.340  Applicability.

    (a) The regulations of this subpart apply to owners and operators of 
hazardous waste incinerators (as defined in Sec. 260.10 of this 
chapter), except as Sec. 264.1 provides otherwise.
    (b) After consideration of the waste analysis included with part B 
of the permit application, the Regional Administrator, in establishing 
the permit conditions, must exempt the applicant from all requirements 
of this subpart except Sec. 264.341 (Waste analysis) and Sec. 264.351 
(Closure),
    (1) If the Regional Administrator finds that the waste to be burned 
is:
    (i) Listed as a hazardous waste in part 261, subpart D, of this 
chapter solely because it is ignitable (Hazard Code I), corrosive 
(Hazard Code C), or both; or

[[Page 283]]

    (ii) Listed as a hazardous waste in part 261, subpart D, of this 
chapter solely because it is reactive (Hazard Code R) for 
characteristics other than those listed in Sec. 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 part 261, subpart 
C, of this chapter; or
    (iv) A hazardous waste solely because it possesses any of the 
reactivity characteristics described by Sec. 261.23(a) (1), (2), (3), 
(6), (7), and (8) of this chapter, 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 part 261, appendix VIII, of this 
chapter, which would reasonably be expected to be in the waste.
    (c) 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 
part 261, appendix VIII, of this chapter, then the Regional 
Administrator may, in establishing permit conditions, exempt the 
applicant from all requirements of this subpart, except Sec. 264.341 
(Waste analysis) and Sec. 264.351 (Closure), after consideration of the 
waste analysis included with part B of the permit application, unless 
the Regional Administrator finds that the waste will pose a threat to 
human health and the environment when burned in an incinerator.
    (d) The owner or operator of an incinerator may conduct trial burns 
subject only to the requirements of Sec. 270.62 of this chapter (Short 
term and incinerator permits).

[46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27532, June 24, 1982; 48 
FR 14295, Apr. 1, 1983; 50 FR 665, Jan. 4, 1985; 50 FR 49203, Nov. 29, 
1985; 56 FR 7207, Feb. 21, 1991]



Sec. 264.341  Waste analysis.

    (a) As a portion of the trial burn plan required by Sec. 270.62 of 
this chapter, 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 Sec. 270.62(b) or Sec. 270.19 of 
this chapter. Owners or operators of new hazardous waste incinerators 
must provide the information required by Sec. 270.62(c) or Sec. 270.19 
of this chapter 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 Sec. 264.345(b)).

[46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27532, June 24, 1982; 48 
FR 14295, Apr. 1, 1983; 48 FR 30115, June 30, 1983; 50 FR 4514, Jan. 31, 
1985]



Sec. 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 Sec. 264.343.
    (b)(1) One or more POHCs will be specified in the facility's permit, 
from among those constituents listed in part 261, appendix VIII of this 
chapter, 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 Sec. 270.62 of this chapter 
for obtaining trial burn permits.

[46 FR 7678, Jan. 23, 1981, as amended at 48 FR 14295, Apr. 1, 1983]



Sec. 264.343  Performance standards.

    An incinerator burning hazardous waste must be designed, 
constructed,

[[Page 284]]

and maintained so that, when operated in accordance with operating 
requirements specified under Sec. 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 Sec. 264.342) in its permit for 
each waste feed. DRE is determined for each POHC from the following 
equation:

                                                                                                                
                                                         (Win-Wout)                                             
                                               DRE=   ----------------    x 100%                                
                                                             Win                                                
                                                                                                                

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 FO20, FO21, FO22, FO23, 
FO26, or FO27 must achieve a destruction and removal efficiency (DRE) of 
99.9999% for each principal organic hazardous constituent (POHC) 
designated (under Sec. 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 Sec. 264.343(a)(1). In 
addition, the owner or operator of the incinerator must notify the 
Regional Administrator of his intent to incinerate hazardous wastes 
FO20, FO21, FO22, FO23, FO26, or FO27.
    (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:


                                                                        
                                                  14                    
                                 Pc = Pm  x   ---------                 
                                                 21-Y                   
                                                                        

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 chapter. This correction procedure is to 
be used by all hazardous waste incinerators except those operating under 
conditions of oxygen enrichment. For these facilities, the Regional 
Administrator 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 Sec. 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 Sec. 270.41 of this chapter.

[46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27532, June 24, 1982; 48 
FR 14295, Apr. 1, 1983; 50 FR 2005, Jan. 14, 1985]



Sec. 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 Sec. 264.345, except:
    (1) In approved trial burns under Sec. 270.62 of this chapter; or
    (2) Under exemptions created by Sec. 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

[[Page 285]]

may be be based on either trial burn results or alternative data 
included with part B of a permit application under Sec. 270.19 of this 
chapter.
    (c) The permit for a new hazardous waste incinerator must establish 
appropriate conditions for each of the applicable requirements of this 
subpart, including but not limited to allowable waste feeds and 
operating conditions necessary to meet the requirements of Sec. 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 Sec. 264.343, based on the Regional 
Administrator's engineering judgment. The Regional Administrator 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 Sec. 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 Regional Administrator, the operating 
requirements must be those most likely to ensure compliance with the 
performance standards of Sec. 264.343, based on the Regional 
Administrator'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 Sec. 270.19(c) of this chapter, as 
sufficient to ensure compliance with the performance standards of 
Sec. 264.343.

[46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27532, June 24, 1982; 48 
FR 14295, Apr. 1, 1983; 50 FR 4514, Jan. 31, 1985]



Sec. 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 Sec. 264.344(b) and included with part B of a 
facility's permit application) to be sufficient to comply with the 
performance standards of Sec. 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 Sec. 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 Sec. 264.343 are met.
    (c) During start-up and shut-down of an incinerator, hazardous waste 
(except wastes exempted in accordance with Sec. 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

[[Page 286]]

    (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.

[46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27532, June 24, 1982; 50 
FR 4514, Jan. 31, 1985]
Sec. 264.346  [Reserved]



Sec. 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 Regional Administrator, 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 Sec. 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 Regional Administrator 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 Sec. 264.73.

[46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27533, June 24, 1982; 50 
FR 4514, Jan. 31, 1985]
Secs. 264.348--264.350  [Reserved]



Sec. 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 Sec. 261.3(d) of 
this chapter, 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 
parts 262 through 266 of this chapter.]

[46 FR 7678, Jan. 23, 1981]



                        Subparts P-R  [Reserved]



      Subpart S--Corrective Action for Solid Waste Management Units



Sec. 264.552  Corrective Action Management Units (CAMU).

    (a) For the purpose of implementing remedies under Sec. 264.101 or 
RCRA Section 3008(h), the Regional Administrator may designate an area 
at the facility as a corrective action management unit, as defined in 
Sec. 260.10, in accordance with the requirements of this section. 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.

[[Page 287]]

    (b)(1) The Regional Administrator may designate a regulated unit (as 
defined in Sec. 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 Sec. 264.113 or Sec. 265.113; and
    (ii) Inclusion of the regulated unit will enhance implementation of 
effective, protective and reliable remedial actions for the facility.
    (2) The subpart F, G, and H requirements and the unit-specific 
requirements of part 264 or 265 that applied to that regulated unit will 
continue to apply to that portion of the CAMU after incorporation into 
the CAMU.
    (c) The Regional Administrator shall designate a CAMU 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 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 Regional Administrator to designate a CAMU in accordance with 
the criteria in Sec. 264.552.
    (e) The Regional Administrator 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 ground water 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 
constituents to ground water 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 Regional Administrator 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,

[[Page 288]]

and structures used in remediation waste management activities within 
the CAMU.
    (iii) In establishing specific closure requirements for CAMUs under 
Sec. 264.552(e), the Regional Administrator 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 Regional Administrator 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 Regional Administrator according to the procedures for Agency-
initiated permit modifications under Sec. 270.41 of this chapter, or 
according to the permit modification procedures of Sec. 270.42 of this 
chapter.
    (h) The designation of a CAMU does not change 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.

[58 FR 8683, Feb. 16, 1993]



Sec. 264.553  Temporary Units (TU).

    (a) For temporary tanks and container storage areas used for 
treatment or storage of hazardous remediation wastes, during remedial 
activities required under Sec. 264.101 or RCRA section 3008(h), the 
Regional Administrator may determine that a design, operating, or 
closure standard applicable to such units may be replaced by alternative 
requirements which are protective of human health and the environment.
    (b) Any temporary unit to which alternative requirements are applied 
in accordance with paragraph (a) of this section 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 
Regional Administrator shall consider the following factors:
    (1) Length of time such unit will be in operation;
    (2) Type of unit;
    (3) Volumes of wastes 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 Regional Administrator 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 Regional Administrator shall also 
specify the design, operating, and closure requirements for the unit.
    (e) The Regional Administrator 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 order, if the Administrator 
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 implementation of 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 Agency-initiated 
permit modifications under Sec. 270.41; or

[[Page 289]]

    (2) Requested by the owner/operator as a Class II modification 
according to the procedures under Sec. 270.42 of this chapter.
    (g) The Regional Administrator 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.

[58 FR 8683, Feb. 16, 1993]



                        Subparts T-V  [Reserved]



                          Subpart W--Drip Pads

    Source: 56 FR 30196, July 1, 1991, unless otherwise noted.



Sec. 264.570  Applicability.

    (a) The requirements of this subpart 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 Sec. 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 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 
Sec. 264.573(e) or Sec. 264.573(f), as appropriate.
    (c) The requirements of this subpart 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 cleanup for three years; and
    (iv) Manage the contaminated media in a manner consistent with 
Federal regulations.

[56 FR 30196, July 1, 1991, as amended at 57 FR 61502, Dec. 24, 1992]



Sec. 264.571  Assessment of existing drip pad integrity.

    (a) For each existing drip pad as defined in Sec. 264.570 of this 
subpart, the owner or operator must evaluate the drip pad and determine 
that it meets all of the requirements of this subpart, except the 
requirements for liners and leak detection systems of Sec. 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 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 Sec. 264.573 of this subpart are complete. The 
evaluation must document the extent to which the drip pad meets each of 
the design and operating standards of Sec. 264.573 of this subpart, 
except the standards for liners and leak detection systems, specified in 
Sec. 264.573(b) of this subpart.
    (b) The owner or operator must develop a written plan for upgrading, 
repairing, and modifying the drip pad to meet the requirements of 
Sec. 264.573(b) of this subpart, and submit the plan to the Regional 
Administrator 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 Sec. 264.573 of this 
subpart. The plan must be reviewed and certified by an independent 
qualified registered professional engineer.

[[Page 290]]

    (c) Upon completion of all upgrades, repairs, and modifications, the 
owner or operator must submit to the Regional Administrator or State 
Director, the as-built drawings for the drip pad together with a 
certification by an independent qualified 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 Sec. 264.573 (m) of 
this subpart or close the drip pad in accordance with Sec. 264.575 of 
this subpart.

[56 FR 30196, July 1, 1991, as amended at 57 FR 61503, Dec. 24, 1992]



Sec. 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 requirements of Secs. 264.573 (except 264.573(a)(4)), 
264.574 and 264.575 of this subpart, or
    (b) all of the requirements of Secs. 264.573 (except 
Sec. 264.573(b)), 264.574 and 264.575 of this subpart.

[57 FR 61503, Dec. 24, 1992]



Sec. 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 
1 x 10-\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 1 x 10-\7\ centimeters 
per second such that the entire surface where drippage occurs or may run 
across is capable of containing 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 only to existing drip pads and those drip pads for which 
the owner or operator elects to comply with Sec. 264.572(a) instead of 
Sec. 264.572(b).
    (ii) 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 registered professional engineer that attests 
to the results of the evaluation. The assessment must be reviewed, 
updated and recertified annually. The evaluation must document the 
extent to which the drip pad meets the design and operating standards of 
this section, except for paragraph (b) of this Section.
    (5) Be of sufficient structural strength and thickness to prevent 
failure due to physical contact, climatic conditions, the stress of 
daily perations, e.g., variable and moving loads such as vehicle 
traffic, movement of wood, etc.

    Note: EPA 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 an owner/operator elects to comply with Sec. 264.572(b) 
instead of Sec. 264.572(a), 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

[[Page 291]]

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 Sec. 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 Sec. 264.570(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-off 
that might enter the system.
    (f) Unless protected by a structure or cover as described in 
Sec. 264.570(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 
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 
waste or other materials on the drip pad. The owner or operator must 
document the date and time of each cleaning and the cleaning procedure 
used in the facility's operating log. The owner/operator must determine 
if the residues are hazardous as per 40 CFR 262.11 and, if so,

[[Page 292]]

must manage them under parts 261-268, 270, and section 3010 of RCRA.
    (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 
Regional Administrator of the condition and, within 10 working days, 
provide written notice to the Regional Administrator 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 Regional Administrator 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 Regional Administrator in writing and provide a 
certification signed by an independent, qualified 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) Should a permit be necessary, the Regional Administrator 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.

[56 FR 30196, July 1, 1991, as amended at 57 FR 5861, Feb. 18, 1992; 57 
FR 61503, Dec. 24, 1992]



Sec. 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 Sec. 264.573 
of this subpart by an independent qualified, 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

[[Page 293]]

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 Sec. 264.573(m) for remedial action required if 
deterioration or leakage is detected.



Sec. 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 
(Sec. 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 subparts G 
and H of this part.
    (c)(1) The owner or operator of an existing drip pad, as defined in 
Sec. 264.570 of this subpart, that does not comply with the liner 
requirements of Sec. 264.573(b)(1) must:
    (i) Include in the closure plan for the drip pad under Sec. 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 Sec. 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 Secs. 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.



                     Subpart X--Miscellaneous Units

    Source: 52 FR 46964, Dec. 10, 1987, unless otherwise noted.



Sec. 264.600  Applicability.

    The requirements in this subpart apply to owners and operators of 
facilities that treat, store, or dispose of hazardous waste in 
miscellanenous units, except as Sec. 264.1 provide otherwise.



Sec. 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 or hazardous constituents from the unit. Permit terms and 
provisions shall include those requirements of subparts I through O and 
subparts AA through CC of this part, part 270, and 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

[[Page 294]]

heath 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 
constitutents.
    (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, metorologic, 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.

[59 FR 62927, Dec. 6, 1994]

    Effective Date Note: At 59 FR 62927, Dec. 6, 1994, in Sec. 264.601, 
the introductory text was amended by adding ``and subparts AA through CC 
'' after the words ``and suparts I through O''. At 60 FR 26828, May 19, 
1995, the effective date was delayed to Dec. 6, 1995; at 60 FR 56952, 
Nov. 13, 1995, the effective date was delayed to June 6, 1996; and at 61 
FR 28508, June 5, 1996, the effective date was further delayed to Oct. 
6, 1996.

[[Page 295]]



Sec. 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 
Secs. 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.



Sec. 264.603  Post-closure care.

    A miscellaneous unit that is a disposal unit must be maintained in a 
manner that complies with Sec. 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 Sec. 264.601 during post-closure care. The post-closure 
plan under Sec. 264.118 must specify the procedures that will be used to 
satisfy this requirement.



                        Subparts Y--Z [Reserved]



          Subpart AA--Air Emission Standards for Process Vents

    Source: 55 FR 25494, June 21, 1990, unless otherwise noted.



Sec. 264.1030  Applicability.

    (a) The regulations in this subpart apply to owners and operators of 
facilities that treat, store, or dispose of hazardous wastes (except as 
provided in Sec. 264.1).
    (b) Except for Secs. 264.1034 (d) and (e), this subpart 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) Units that are subject to the permitting requirements of part 
270, or
    (2) Hazardous waste recycling units that are located on hazardous 
waste management facilities otherwise subject to the permitting 
requirements of part 270.
    (c) If the owner or operator of process vents subject to the 
requirements of Secs. 264.1032 through 264.1036 has received a permit 
under section 3005 of RCRA prior to December 21, 1990 the requirements 
of Secs. 264.1032 through 264.1036 must be incorporated when the permit 
is reissued under Sec. 124.15 or reviewed under Sec. 270.50.

    [Note: The requirements of Secs. 264.1032 through 264.1036 apply to 
process vents on hazardous waste recycling units previously exempt under 
Sec. 261.6(c)(1). Other exemptions under Secs. 261.4, 262.34, and 
264.1(g) are not affected by these requirements.]

[55 FR 25494, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991]



Sec. 264.1031   Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and parts 260-266.
    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.

[[Page 296]]

    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, 
and any control devices or systems required by this subpart.
    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 liqht 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 
 deg.C, the total concentration of the pure components having a vapor 
pressure greater than 0.3 kPa at 20  deg.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,

[[Page 297]]

having one side of the valve seat in contact with process fluid 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.
    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.



Sec. 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 Sec. 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

[[Page 298]]

achieved by add-on control devices, the performance tests must conform 
with the requirements of Sec. 264.1034(c).
    (d) When an owner or operator and the Regional Administrator 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 procedures in Sec. 264.1034(c) 
shall be used to resolve the disagreement.



Sec. 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) 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 subpart on the effective date that the facility becomes subject to 
the provisions of this subpart 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 subpart for installation and startup. All units that begin 
operation after December 21, 1990, must comply with the rules 
immediately (i.e., must have control devices installed and operating on 
startup of the affected unit); the 2-year implementation schedule does 
not apply to these units.
    (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 Sec. 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  deg.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 11.2 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 7.45 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, 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.

[[Page 299]]

    (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 subpart. 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:

[GRAPHIC] [TIFF OMITTED] TR26OC93.010


where:

HT=Net heating value of the sample, MJ/scm; where the net enthalpy 
          per mole of offgas is based on combustion at 25  deg.C and 760 
          mm Hg, but the standard temperature for determining the volume 
          corresponding to 1 mol is 20  deg.C;
K=Constant, 1.74 x 10-7 (1/ppm) (g mol/scm) (MJ/kcal) where 
          standard temperature for (g mol/scm) is 20  deg.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 Sec. 260.11); 
          and
Hi=Net heat of combustion of sample component i, kcal/9 mol at 25 
          deg.C and 760 mm Hg. The heats of combustion may be determined 
          using ASTM D 2382-83 (incorporated by reference as specified 
          in Sec. 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, Vmax, for a flare 
complying with paragraph (d)(4)(iii) of this section shall be determined 
by the following equation:

Log10(Vmax)=(HT+28.8)/31.7

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:

Vmax=8.706+0.7084 (HT)

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  deg.C or 
0.5  deg.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  deg.C or 
0.5  deg.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

[[Page 300]]

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  deg.C or 
0.5  deg.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 at two 
locations and have an accuracy of 1 percent of the 
temperature being monitored in  deg.C or 0.5  deg.C, 
whichever is greater. One temperature sensor shall be installed at a 
location in the exhaust vent stream from the condenser, and a second 
temperature sensor shall be installed at a location in the coolant fluid 
exiting the condenser.
    (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 Sec. 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 Sec. 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 
Sec. 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

[[Page 301]]

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)(1) Closed-vent systems shall be designed for and operated with 
no detectable emissions, as indicated by an instrument reading of less 
than 500 ppm above background and by visual inspections, as determined 
by the methods specified as Sec. 264.1034(b).
    (2) Closed-vent systems shall be monitored to determine compliance 
with this section during the initial leak detection monitoring, which 
shall be conducted by the date that the facility becomes subject to the 
provisions of this section, annually, and at other times as requested by 
the Regional Administrator. For the annual leak detection monitoring 
after the initial leak detection monitoring, the owner or operator is 
not required to monitor those closed-vent system components which 
continuously operate under negative pressure or those closed-vent system 
joints, seams, or other connections that are permanently or semi-
permanently sealed (e.g., a welded joint between two sections of metal 
pipe or a bolted and gasketed pipe flange).
    (3) Detectable emissions, as indicated by an instrument reading 
greater than 500 ppm and visual inspections, shall be controlled as soon 
as practicable, but not later than 15 calendar days after the emission 
is detected.
    (4) A first attempt at repair shall be made no later than 5 calendar 
days after the emission is detected.
    (l) Closed-vent systems and control devices used to comply with 
provisions of this subpart shall be operated at all times when emissions 
may be vented to them.
    (m) The owner or operator using a carbon adsorption system shall 
document that all carbon removed that is a hazardous waste and that is 
removed from a carbon adsorption system used to comply with 
Sec. 264.1033(g) and Sec. 264.1033(h) is managed in one of the following 
manners, regardless of the volatile organic concentration of that 
carbon:
    (1) Regenerated or reactivated in a thermal treatment unit for which 
the owner or operator has been issued a final permit under 40 CFR part 
270, and designs and operates the unit in accordance with the 
requirements of subpart X of this part;
    (2) Incinerated in a hazardous waste incinerator for which the owner 
or operator either:
    (i) Has been issued a final permit under 40 CFR part 270, and 
designs and operates the unit in accordance with the requirements of 
subpart O of this part; or
    (ii) Has certified compliance with the interim status requirements 
of 40 CFR part 265, subpart O; or
    (3) Burned in a boiler or industrial furnace for which the owner or 
operator either:
    (i) Has been issued a final permit under 40 CFR part 270, and 
designs and operates the unit in accordance with the requirements of 40 
CFR part 266, subpart H; or
    (ii) Has certified compliance with the interim status requirements 
of 40 CFR part 266, subpart H.

[55 FR 25494, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991; 
59 FR 62927, Dec. 6, 1994; 61 FR 4911, Feb. 9, 1996]

    Effective Date Note: At 59 FR 62927, Dec. 6, 1994, in Sec. 264.1033, 
paragraph (k)(2) was revised and paragraph (m) was added. At 60 FR 
26828, May 19, 1995, the effective date was delayed to Dec. 6, 1995; at 
60 FR 56952, Nov. 13, 1995, the effective date was delayed to June 6, 
1996; and at 61 FR 28508, June 5, 1996, the effective date was further 
delayed to Oct. 6, 1996. For the convenience of the reader, the 
superseded material is set forth as follows:

Sec. 264.1033  Standards: Closed-vent systems and control devices.

                                * * * * *

    (k)(1) * * *
    (2) Closed-vent systems shall be monitored to determine compliance 
with this section during the initial leak detection monitoring, which 
shall be conducted by the date that the facility becomes subject to the 
provisions of this section, annually, and at other

[[Page 302]]

times as requested by the Regional Administrator.

                                * * * * *



Sec. 264.1034  Test methods and procedures.

    (a) Each owner or operator subject to the provisions of this subpart 
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 Sec. 264.1033(k), the test shall 
comply with the following requirements:
    (1) Monitoring shall comply with Reference Method 21 in 40 CFR part 
60.
    (2) (6) 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 Sec. 264.1032(a) 
and with the total organic compound concentration limit of 
Sec. 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 in 40 CFR part 60 for organic content.
    (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:

                                                                                                                
                                                     n                                                          
                                                                                                                
                              Eh=Q2sd  <3-ln {>     CiMWi   <3-ln }>   [0.0416] [10-6]                 
                                                                                                                
                                                    i=1                                                         
                                                                                                                
                                                                                                                
                                                                                                                
                                                                                                                

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.

    (v) The annual total organic emission rate shall be determined by 
the following equation:

EA=(Eh)(H)

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

[[Page 303]]

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 Regional Administrator'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 subpart, 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 9060 or 8240 
of SW-846 (incorporated by reference under Sec. 260.11).
    (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.

[[Page 304]]

    (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 subpart 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 Regional Administrator 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 procedures in Method 8240 may be used to 
resolve the dispute.



Sec. 264.1035  Recordkeeping requirements.

    (a)(1) Each owner or operator subject to the provisions of this 
subpart 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 subpart 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 
Sec. 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 subpart.
    (2) Up-to-date documentation of compliance with the process vent 
standards in Sec. 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

[[Page 305]]

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 Sec. 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 Sec. 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 
Sec. 260.11) or other engineering texts acceptable to the Regional 
Administrator 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 
Sec. 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

[[Page 306]]

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 
Sec. 264.1032(a) is achieved at an efficiency less than 95 weight 
percent or the total organic emission limits of Sec. 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 Sec. 264.1033 (f)(1) and (f)(2).
    (3) Monitoring, operating, and inspection information required by 
paragraphs (f) through (k) of Sec. 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 
deg.C. period when the combustion temperature is below 760  deg.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  deg.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  deg.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  deg.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 Sec. 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

[[Page 307]]

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 Sec. 264.1033(f)(2)(vi)(B), 
period when:
    (A) Temperature of the exhaust vent stream from the condenser is 
more than 6  deg.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  deg.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 Sec. 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 Sec. 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 Sec. 264.1033(g) or Sec. 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 Sec. 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.
    (d) Records of the monitoring, operating, and inspection information 
required by paragraphs (c)(3)-(c)(8) of this section need be kept only 3 
years.
    (e) For a control device other than a thermal vapor incinerator, 
catalytic vapor incinerator, flare, boiler, process heater, condenser, 
or carbon adsorption system, the Regional Administrator 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 Sec. 264.1032 including 
supporting documentation as required by Sec. 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.

[55 FR 25494, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991]



Sec. 264.1036  Reporting requirements.

    (a) A semiannual report shall be submitted by owners and operators 
subject to the requirements of this subpart to the Regional 
Administrator by dates specified by the Regional Administrator. 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, dates 
when the control device exceeded or operated outside of the design 
specifications as defined in Sec. 264.1035(c)(4) and as indicated by the 
control device monitoring required by Sec. 264.1033(f) and such 
exceedances were not corrected within 24 hours, or that a flare operated 
with visible emissions as defined in Sec. 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.

[[Page 308]]

    (b) If, during the semiannual reporting period, the control device 
does not exceed or operate outside of the design specifications as 
defined in Sec. 264.1035(c)(4) for more than 24 hours or a flare does 
not operate with visible emissions as defined in Sec. 264.1033(d), a 
report to the Regional Administrator is not required.
Secs. 264.1037--264.1049  [Reserved]



         Subpart BB--Air Emission Standards for Equipment Leaks

    Source: 55 FR 25501, June 21, 1990, unless otherwise noted.



Sec. 264.1050  Applicability.

    (a) The regulations in this subpart apply to owners and operators of 
facilities that treat, store, or dispose of hazardous wastes (except as 
provided in Sec. 264.1).
    (b) Except as provided in Sec. 264.1064(k), this subpart applies to 
equipment that contains or contacts hazardous wastes with organic 
concentrations of at least 10 percent by weight that are managed in:
    (1) Units that are subject to the permitting requirements of part 
270, or
    (2) Hazardous waste recycling units that are located on hazardous 
waste management facilities otherwise subject to the permitting 
requirements of part 270.
    (c) If the owner or operator of equipment subject to the 
requirements of Secs. 264.1052 through 264.1065 has received a permit 
under section 3005 of RCRA prior to December 21, 1990, the requirements 
of Secs. 264.1052 through 264.1065 must be incorporated when the permit 
is reissued under Sec. 124.15 or reviewed under Sec. 270.50.
    (d) Each piece of equipment to which this subpart 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 Sec. 264.1052 to Sec. 264.1060 if it is identified as 
required in Sec. 264.1064(g)(5).

    [Note: The requirements of Secs. 264.1052 through 264.1065 apply to 
equipment associated with hazardous waste recycling units previously 
exempt under Sec. 261.6(c)(1). Other exemptions under Secs. 261.4, 
262.34, and 264.1(g) are not affected by these requirements.]



Sec. 264.1051  Definitions.

    As used in this subpart, all terms shall have the meaning given them 
in Sec. 264.1031, the Act, and parts 260-266.



Sec. 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 Sec. 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 Sec. 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 Sec. 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.

[[Page 309]]

    (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 Sec. 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 
Sec. 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 Sec. 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 Regional Administrator.
    (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 Sec. 264.1060, it 
is exempt from the requirements of paragraphs (a) through (e) of this 
section.

[55 FR 25501, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991]



Sec. 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 Sec. 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.

[[Page 310]]

    (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 Sec. 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 Sec. 264.1060, 
except as provided in paragraph (i) of this section.
    (i) Any compressor that is designated, as described in 
Sec. 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 Sec. 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 Regional Administrator.



Sec. 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 Sec. 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 Sec. 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 
Sec. 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 Sec. 264.1060 is 
exempt from the requirements of paragraphs (a) and (b) of this section.



Sec. 264.1055  Standards: Sampling connecting systems.

    (a) Each sampling connection system shall be equipped with a closed 
purge system or closed-vent system.
    (b) Each closed-purge system or closed-vent system as required in 
paragraph (a) shall:
    (1) Return the purged hazardous waste stream directly to the 
hazardous waste management process line with no detectable emissions to 
atmosphere, or
    (2) Collect and recycle the purged hazardous waste stream with no 
detectable emissions to atmosphere, or
    (3) Be designed and operated to capture and transport all the purged 
hazardous waste stream to a control device that complies with the 
requirements of Sec. 264.1060.
    (c) In situ sampling systems are exempt from the requirements of 
paragraphs (a) and (b) of this section. `'



Sec. 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

[[Page 311]]

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.



Sec. 264.1057  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 
Sec. 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 Secs. 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 Sec. 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 
Sec. 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 Sec. 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 Regional Administrator.
    (g) Any valve that is designated, as described in 
Sec. 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 
Sec. 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.



Sec. 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 
Sec. 264.1063(b) if evidence of a potential leak is found by visual, 
audible, olfactory, or any other detection method.

[[Page 312]]

    (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 Sec. 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 Sec. 264.1057(e).



Sec. 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 
Sec. 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.



Sec. 264.1060  Standards: Closed-vent systems and control devices.

    Owners or operators of closed-vent systems and control devices shall 
comply with the provisions of Sec. 264.1033.



Sec. 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 
Sec. 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) An owner or operator must notify the Regional Administrator that 
the owner or operator has elected to comply with the requirements of 
this section.
    (2) 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 Regional Administrator.
    (3) If a valve leak is detected, it shall be repaired in accordance 
with Sec. 264.1057(d) and (e).
    (c) Performance tests shall be conducted in the following manner:
    (1) All valves subject to the requirements in Sec. 264.1057 within 
the hazardous waste management unit shall be monitored within 1 week by 
the methods specified in Sec. 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 Sec. 264.1057 for which leaks 
are detected

[[Page 313]]

by the total number of valves subject to the requirements in 
Sec. 264.1057 within the hazardous waste management unit.
    (d) If an owner or operator decides to comply with this section no 
longer, the owner or operator must notify the Regional Administrator in 
writing that the work practice standard described in Sec. 264.1057(a) 
through (e) will be followed.



Sec. 264.1062  Alternative standards for valves in gas/vapor service or in light liquid service: skip period leak detection and repair.

    (a)(1) An owner or operator subject to the requirements of 
Sec. 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.
    (2) An owner or operator must notify the Regional Administrator 
before implementing one of the alternative work practices.
    (b)(1) An owner or operator shall comply with the requirements for 
valves, as described in Sec. 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 for the valves subject to the requirements in Sec. 264.1057.
    (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 for the valves subject to the requirements in Sec. 264.1057.
    (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 Sec. 264.1057, but may again elect to use this section 
after meeting the requirements of Sec. 264.1057(c)(1).



Sec. 264.1063  Test methods and procedures.

    (a) Each owner or operator subject to the provisions of this subpart 
shall comply with the test methods and procedures requirements provided 
in this section.
    (b) Leak detection monitoring, as required in Secs. 264.1052-
264.1062, 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 Secs. 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 
Sec. 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:

[[Page 314]]

    (1) Methods described in ASTM Methods D 2267-88, E 169-87, E 168-88, 
E 260-85 (incorporated by reference under Sec. 260.11);
    (2) Method 9060 or 8240 of SW-846 (incorporated by reference under 
Sec. 260.11); 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 Regional Administrator 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 Sec. 260.11).
    (i) Performance tests to determine if a control device achieves 95 
weight percent organic emission reduction shall comply with the 
procedures of Sec. 264.1034(c)(1) through (c)(4).



Sec. 264.1064  Recordkeeping requirements.

    (a)(1) Each owner or operator subject to the provisions of this 
subpart 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 subpart 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 subpart BB of part 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 
Sec. 264.1033(a)(2), an implementation schedule as specified in 
Sec. 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 Sec. 264.1035(b)(3).
    (4) Documentation of compliance with Sec. 264.1060, including the 
detailed design documentation or performance test results specified in 
Sec. 264.1035(b)(4).

[[Page 315]]

    (c) When each leak is detected as specified in Secs. 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 Sec. 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 Secs. 264.1057(c) and 
no leak has been detected during those 2 months.
    (d) When each leak is detected as specified in Secs. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 264.1060 shall be recorded and kept 
up-to-date in the facility operating record as specified in 
Sec. 264.1035(c). Design documentation is specified in Sec. 264.1035 
(c)(1) and (c)(2) and monitoring, operating, and inspection information 
in Sec. 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 Regional Administrator will specify the 
appropriate recordkeeping requirements.
    (g) The following information pertaining to all equipment subject to 
the requirements in Secs. 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 subpart.
    (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 Secs. 264.1052(e), 264.1053(i), and 
264.1057(f).
    (ii) The designation of this equipment as subject to the 
requirements of Secs. 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 Sec. 264.1054(a).
    (4)(i) The dates of each compliance test required in 
Secs. 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.
    (h) The following information pertaining to all valves subject to 
the requirements of Sec. 264.1057 (g) and (h) shall be recorded in a log 
that is kept in the facility operating record:

[[Page 316]]

    (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 Sec. 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 Sec. 264.1052(d)(5)(ii) and 
Sec. 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 subpart and other 
specific subparts:
    (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 
Secs. 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 Secs. 264.1052 through 264.1060. The record shall 
include supporting documentation as required by Sec. 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 Secs. 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 any facility that is subject to this 
subpart and to regulations at 40 CFR part 60, subpart VV, or 40 CFR part 
61, subpart V, may elect to determine compliance with this subpart by 
documentation either pursuant to Sec. 264.1064 of this subpart, or 
pursuant to those provisions of 40 CFR part 60 or 61, to the extent that 
the documentation under the regulation at 40 CFR part 60 or part 61 
duplicates the documentation required under this subpart. The 
documentation under the regulation at 40 CFR part 60 or part 61 shall be 
kept with or made readily available with the facility operating record.



Sec. 264.1065  Reporting requirements.

    (a) A semiannual report shall be submitted by owners and operators 
subject to the requirements of this subpart to the Regional 
Administrator by dates specified by the Regional Administrator. 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 Sec. 264.1057(d).
    (ii) The equipment identification number of each pump for which a 
leak was not repaired as required in Sec. 264.1052 (c) and (d)(6).
    (iii) The equipment identification number of each compressor for 
which a leak was not repaired as required in Sec. 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 Sec. 264.1052, 
264.1053, 264.1054, or 264.1055

[[Page 317]]

exceeded or operated outside of the design specifications as defined in 
Sec. 264.1064(e) and as indicated by the control device monitoring 
required by Sec. 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 Secs. 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 Sec. 264.1064(e) for more than 24 hours, a report to the 
Regional Administrator is not required.
Secs. 264.1066--264.1079  [Reserved]



Subpart CC--Air Emission Standards for Tanks, Surface Impoundments, and 
                               Containers

    Source: 59 FR 62927, Dec. 6, 1994, unless otherwise noted.

    Effective Date Note: At 59 FR 62927, Dec. 6, 1994, Subpart CC, 
consisting of Secs. 264.1080 through 264.1091 was added. At 60 FR 26828, 
May 19, 1995, the effective date was delayed to Dec. 6, 1995; at 60 FR 
56952, Nov. 13, 1995, the effective date was delayed to June 6, 1996; 
and at 61 FR 28508, June 5, 1996, the effective date was further delayed 
to Oct. 6, 1996.



Sec. 264.1080  Applicability.

    (a) The requirements of this subpart 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 subparts I, 
J, or K of this part except as Sec. 264.1 and paragraph (b) of this 
section provide otherwise.
    (b) The requirements of this subpart 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 October 6, 1996, and in which no hazardous waste is added to 
the unit on or after this date.
    (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 generated as the 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.
    (c) For the owner and operator of a facility subject to this subpart 
and who received a final permit under RCRA section 3005 prior to October 
6, 1996, the requirements of this subpart shall be incorporated into the 
permit when the permit is reissued in accordance with the requirements 
of 40 CFR 124.15 of this chapter or reviewed in accordance with the 
requirements of 40 CFR 270.50(d) of this chapter. Until such date when 
the owner and operator receives a final permit incorporating the 
requirements of this subpart, the owner and operator is subject to the 
requirements of 40 CFR part 265, subpart CC.
    (d) The requirements of this subpart, except for the recordkeeping 
requirements specified in Sec. 264.1089(i) of this subpart, 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

[[Page 318]]

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 documentation, in accordance with 
the requirements of Sec. 264.1089(i) of this subpart, explaining why an 
undue safety hazard would be created if air emission controls specified 
in Secs. 264.1084 through 264.1087 of this subpart 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 Regional Administrator 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.

[59 FR 62927, Dec. 6, 1994, as amended at 60 FR 26828, May 19, 1995; 60 
FR 50428, Sept. 29, 1995; 60 FR 56953, Nov. 13, 1995; 61 FR 28509, June 
5, 1996]



Sec. 264.1081   Definitions.

    As used in this subpart, all terms shall have the meaning given to 
them in 40 CFR 265.1081, the Act, and parts 260 through 266 of this 
chapter.



Sec. 264.1082  Standards: General.

    (a) This section applies to the management of hazardous waste in 
tanks, surface impoundments, and containers subject to this subpart.
    (b) The owner or operator shall control air emissions from each 
waste management unit in accordance with standards specified in 
Secs. 264.1084 through 264.1087 of this subpart, as applicable to the 
waste management unit, except as provided for in paragraph (c) of this 
section.
    (c) A waste management unit is exempted from standards specified in 
Secs. 264.1084 through 264.1087 of this subpart provided that all 
hazardous waste placed in the waste management unit is determined by the 
owner or operator to meet either of the following conditions:
    (1) The average VO concentration of the hazardous waste at the point 
of waste origination is less than 100 parts per million by weight 
(ppmw). The average VO concentration shall be determined by the 
procedures specified in Sec. 264.1083(a) of this subpart.
    (2) The organic content of the hazardous waste 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 Sec. 264.1083(b) of this subpart.
    (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 50 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 Sec. 264.1083(b) of this subpart.

[[Page 319]]

    (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 Sec. 264.1083(b) of this subpart.
    (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 in accordance with the procedures 
specified in Sec. 264.1083(b) of this subpart.
    (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 
Sec. 264.1083(b) of this subpart.
    (v) A process that removes or destroys the organics contained in the 
hazardous waste and meets all of the following conditions:
    (A) All of the materials entering the process are hazardous wastes.
    (B) From the point of waste origination through the point where the 
hazardous waste enters the process, the hazardous waste is continuously 
managed in waste management units which use air emission controls in 
accordance with the standards specified in Secs. 264.1084 through 
264.1087 of this subpart, as applicable to the waste management unit.
    (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 
hazardous waste streams entering the process or 100 ppmw, whichever 
value is lower. The average VO concentration of each individual 
hazardous waste stream at the point of waste origination shall be 
determined using the procedure specified in Sec. 264.1083(a) of this 
subpart. The average VO concentration of the hazardous waste at the 
point of waste treatment shall be determined using the procedure 
specified in Sec. 264.1083(b) of this subpart.
    (vi) A hazardous waste incinerator for which the owner or operator 
has either:
    (A) Been issued a final permit under 40 CFR part 270, and designs 
and operates the unit in accordance with the requirements of subpart O 
of this part; or
    (B) Has certified compliance with the interim status requirements of 
40 CFR part 265, subpart O.
    (vii) A boiler or industrial furnace for which the owner or operator 
has either:
    (A) Been issued a final permit under 40 CFR part 270, and designs 
and operates the unit in accordance with the requirements of 40 CFR part 
266, subpart H, or
    (B) Has certified compliance with the interim status requirements of 
40 CFR part 266, subpart H.
    (d) When a process is used for the purpose of treating a hazardous 
waste to meet one of the sets of conditions specified in paragraphs 
(c)(2)(i) through (c)(2)(v) of this section, each material removed from 
or exiting the process that is a hazardous waste shall be managed in a 
waste management unit in accordance with the requirements of paragraph 
(b) of this section.
    (e) The Regional Administrator 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 Sec. 264.1083(a) of this subpart. The waste determination for a 
hazardous waste at the point of

[[Page 320]]

waste treatment shall be performed in accordance with the applicable 
requirements of Sec. 264.1083(b) of this subpart.
    (2) In a case when the owner or operator is requested to perform the 
waste determination, the Regional Administrator may elect to have an 
authorized representative observe the collection of the hazardous waste 
samples used for the analysis.
    (3) In a case when the results of the waste determination performed 
or requested by the Regional Administrator 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 (e)(1) of 
this section shall be used to establish compliance with the requirements 
of this subpart.
    (4) 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 Regional 
Administrator may elect to establish compliance with this subpart 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 Sec. 264.1083(a) of this subpart.
    (ii) Results of the waste determination performed or requested by 
the Regional Administrator showing that the average VO concentration of 
the hazardous waste at the point of waste origination is equal to or 
greater than 100 ppmw shall constitute noncompliance with this subpart 
except in a case as provided for in paragraph (e)(4)(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 100 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 100 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 Sec. 264.1083(a) and Sec. 264.1089 of this 
subpart shall be considered by the Regional Administrator together with 
the results of the waste determination performed or requested by the 
Regional Administrator in establishing compliance with this subpart.

[59 FR 62927, Dec. 6, 1994, as amended at 61 FR 4911, Feb. 9, 1996]



Sec. 264.1083  Waste determination procedures.

    (a) Waste determination procedure for 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 
Sec. 264.1082(c)(1) of this subpart from using air emission controls in 
accordance with standards specified in Sec. 264.1084 through 
Sec. 264.1087 of this subpart, as applicable to the waste management 
unit.
    (2) The VO concentration at the point of waste origination for a 
hazardous waste shall be determined in accordance with the procedures 
specified in 40 CFR 265.1084(a)(2) through (a)(6) of this chapter.
    (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 a waste 
management unit exempted under the provisions of Sec. 264.1082(c)(2) of 
this subpart from using air emission controls in accordance with 
standards specified in Sec. 264.1084 through Sec. 264.1087 of this 
subpart, as applicable to the waste management unit.

[[Page 321]]

    (2) The waste determination for a treated hazardous waste shall be 
performed in accordance with the procedures specified in 40 CFR 
265.1084(b)(2) through (b)(10), 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 tanks using air emission 
controls in accordance with standards specified in Sec. 264.1084(c) of 
this subpart.
    (2) The maximum organic vapor pressure of the hazardous waste shall 
be determined in accordance with the procedures specified in 40 CFR 
265.1084(c)(2) through (c)(4).

[59 FR 62927, Dec. 6, 1994, as amended at 61 FR 4911, Feb. 9, 1996]



Sec. 264.1084  Standards: Tanks.

    (a) This section applies to owners and operators of tanks subject to 
this subpart into which any hazardous waste is placed except for the 
following tanks:
    (1) A tank in which all hazardous waste entering the tank meets the 
conditions specified in Sec. 264.1082(c) of this subpart; or
    (2) A tank used for biological treatment of hazardous waste in 
accordance with the requirements of Sec. 264.1082(c)(2)(iv) of this 
subpart.
    (b) The owner or operator shall place the hazardous waste into one 
of the following tanks:
    (1) A tank equipped with a cover (e.g., a fixed roof) that is vented 
through a closed-vent system to a control device in accordance with the 
requirements specified in paragraph (d) of this section;
    (2) A tank equipped with a fixed roof and internal floating roof in 
accordance with the requirements of Sec. 264.1091 of this subpart;
    (3) A tank equipped with an external floating roof in accordance 
with the requirements of Sec. 264.1091 of this subpart; or
    (4) A pressure tank that is designed to operate as a closed system 
such that the tank operates with no detectable organic emissions at all 
times that hazardous waste is in the tank except as provided for in 
paragraph (g) of this section. To be considered a pressure tank for the 
purpose of compliance with this subpart, a unit must operate with no 
detectable emissions during filling to design capacity and the 
subsequent compression of the vapor headspace.
    (c) As an alternative to complying with paragraph (b) of this 
section, an owner or operator may place hazardous waste in a tank 
equipped with a cover (e.g., a fixed roof) meeting the requirements 
specified in paragraph (c)(2) of this section when the hazardous waste 
is determined to meet the conditions specified in paragraph (c)(1) of 
this section.
    (1) All of the following conditions shall be met at all times that 
hazardous waste is managed in the tank under normal process operations:
    (i) The hazardous waste in the tank is neither mixed, stirred, 
agitated, nor circulated within the tank using a process that results in 
splashing, frothing, or visible turbulent flow on the waste surface 
during normal process operations;
    (ii) The hazardous waste in the tank is not heated by the owner or 
operator except during conditions requiring that the waste be heated to 
prevent the waste from freezing or to maintain adequate waste flow 
conditions for continuing normal process operations;
    (iii) The hazardous waste in the tank is not treated by the owner or 
operator using a waste stabilization process or a process that produces 
an exothermic reaction; and
    (iv) The maximum organic vapor pressure of the hazardous waste in 
the tank as determined using the procedure specified in Sec. 264.1083(c) 
of this subpart is less than the following applicable value:
    (A) If the tank design capacity is equal to or greater than 151 
m3, then the maximum organic vapor pressure shall be less than 5.2 
kPa;
    (B) If the tank design capacity is equal to or greater than 75 
m3 but less than 151 m3, then the maximum organic vapor 
pressure shall be less than 27.6 kPa; or
    (C) If the tank design capacity is less than 75 m3, then the 
maximum organic vapor pressure shall be less than 76.6 kPa.

[[Page 322]]

    (2) To comply with paragraph (c)(1) of this section, the owner or 
operator shall design, install, operate, and maintain a cover to meet 
the following requirements:
    (i) The cover and all cover openings (e.g. access hatches, sampling 
ports, and gauge wells) shall be designed to operate with no detectable 
organic emissions when all cover openings are secured in a closed, 
sealed position.
    (ii) Each cover opening shall be secured in a closed, sealed 
position (e.g. covered by a gasketed lid or cap) at all times that 
hazardous waste is in the tank except as provided for in paragraphs 
(c)(2)(iii), (f)(1), and (f)(2) of this section.
    (iii) One or more pressure relief devices which vent directly to the 
atmosphere may be used on the cover provided that each device remains in 
a closed, sealed position at all times except when tank operating 
conditions require that the device open for the purpose of preventing 
physical damage or permanent deformation of the tank or cover in 
accordance with good engineering design practices and the equipment 
manufacturer's recommendations. The device must be operated to minimize 
organic air emissions to the atmosphere to the extent practical, in 
consideration of good design and safety practices for handling hazardous 
materials. Examples of such devices include pressure-vacuum relief 
valves and conservation vents. Examples of tank operating conditions 
that may require the pressure relief device to open are filling and 
emptying of the tank, and internal pressure changes caused by diurnal 
temperature changes.
    (d) To comply with paragraph (b)(1) of this section, the owner or 
operator shall design, install, operate, and maintain a cover that vents 
the organic vapors emitted from hazardous waste in the tank through a 
closed-vent system connected to a control device.
    (1) The cover shall be designed and operated to meet the following 
requirements:
    (i) The cover and all cover openings (e.g., access hatches, sampling 
ports, and gauge wells) shall be designed to operate with no detectable 
organic emissions when all cover openings are secured in a closed, 
sealed position.
    (ii) Each cover opening shall be secured in a closed, sealed 
position (e.g., covered by a gasketed lid or cap) at all times that 
hazardous waste is in the tank except as provided for in paragraph (f) 
of this section.
    (2) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of Sec. 264.1087 of this 
subpart.
    (e) The owner and operator shall install, operate, and maintain 
enclosed pipes or other closed systems for the transfer of hazardous 
waste as described in paragraph (e)(1) or (e)(2) of this section. The 
EPA considers a drain system that meets the requirements of 40 CFR 
61.346(a)(1) or 40 CFR 61.346(b)(1) through (b)(3) to be a closed 
system, to:
    (1) Transfer all hazardous waste to the tank from another tank, 
surface impoundment, or container subject to this subpart except for 
those hazardous wastes that meet the conditions specified in 
Sec. 264.1082(c) of this subpart; and
    (2) Transfer all hazardous waste from the tank to another tank, 
surface impoundment, or container subject to this subpart except for 
those hazardous wastes that meet the conditions specified in 
Sec. 264.1082(c) of this subpart.
    (f) Each cover opening shall be secured in a closed, sealed position 
(e.g., covered by a gasketed lid) at all times that hazardous waste is 
in the tank except when it is necessary to use the cover opening to:
    (1) Add, remove, inspect, or sample the material in the tank;
    (2) Inspect, maintain, repair, or replace equipment located inside 
the tank; or
    (3) Vent gases or vapors from the tank to a closed-vent system 
connected to a control device that is designed and operated in 
accordance with the requirements of Sec. 264.1087 of this subpart.
    (g) One or more safety devices which vent directly to the atmosphere 
may be used on the tank, cover, closed-vent system, or control device 
provided each safety device meets all of the following conditions:
    (1) The safety device is not used for planned or routine venting of 
organic vapors from the tank or closed-vent system connected to a 
control device; and

[[Page 323]]

    (2) The safety device remains in a closed, sealed position at all 
times except when an unplanned event requires that the device open for 
the purpose of preventing physical damage or permanent deformation of 
the tank, cover, closed-vent system, or control device in accordance 
with good engineering and safety practices for handling flammable, 
combustible, explosive, or other hazardous materials. An example of an 
unplanned event is a sudden power outage.

[59 FR 62927, Dec. 6, 1994, as amended at 61 FR 4912, Feb. 9, 1996]



Sec. 264.1085  Standards: Surface impoundments.

    (a) This section applies to owners and operators of surface 
impoundments subject to this subpart into which any hazardous waste is 
placed except for the following surface impoundments:
    (1) A surface impoundment in which all hazardous waste entering the 
surface impoundment meets the conditions specified in Sec. 264.1082(c) 
of this subpart; or
    (2) A surface impoundment used for biological treatment of hazardous 
waste in accordance with the requirements of Sec. 264.1082(c)(2)(iv) of 
this subpart.
    (b) The owner or operator shall place the hazardous waste into a 
surface impoundment equipped with a cover (e.g., an air-supported 
structure or a rigid cover) that is vented through a closed-vent system 
to a control device meeting the requirements specified in paragraph (d) 
of this section.
    (c) As an alternative to complying with paragraph (b) of this 
section, an owner or operator may place hazardous waste in a surface 
impoundment equipped with a floating membrane cover meeting the 
requirements specified in paragraph (e) of this section when the 
hazardous waste is determined to meet all of the following conditions:
    (1) The hazardous waste is neither mixed, stirred, agitated, nor 
circulated within the surface impoundment by the owner or operator using 
a process that results in splashing, frothing, or visible turbulent flow 
on the waste surface during normal process operations;
    (2) The hazardous waste in the surface impoundment is not heated by 
the owner or operator; and
    (3) The hazardous waste is not treated by the owner or operator 
using a waste stabilization process or a process that produces an 
exothermic reaction.
    (d) To comply with paragraph (b) of this section, the owner or 
operator shall design, install, operate, and maintain a cover that vents 
the organic vapors emitted from hazardous waste in the surface 
impoundment through a closed- vent system connected to a control device.
    (1) The cover shall be designed and operated to meet the following 
requirements:
    (i) The cover and all cover openings (e.g., access hatches, sampling 
ports, and gauge wells) shall be designed to operate with no detectable 
organic emissions when all cover openings are secured in a closed, 
sealed position.
    (ii) Each cover opening shall be secured in the closed, sealed 
position (e.g., covered by a gasketed lid or cap) at all times that 
hazardous waste is in the surface impoundment except as provided for in 
paragraph (g) of this section.
    (iii) The closed-vent system and control device shall be designed 
and operated in accordance with Sec. 264.1087 of this subpart.
    (e) To comply with paragraph (c) of this section, the owner or 
operator shall design, install, operate, and maintain a floating 
membrane cover that meets all of the requirements specified in 40 CFR 
265.1086(e)(1) through (e)(4).
    (f) The owner or operator shall install, operate, and maintain 
enclosed pipes or other closed systems for the transfer of hazardous 
waste as described in paragraph (f)(1) or (f)(2) of this section. The 
EPA considers a drain system that meets the requirements of 40 CFR 
61.346(a)(1) or 40 CFR 61.346(b)(1) through (b)(3) to be a closed 
system, to:
    (1) Transfer all hazardous waste to the surface impoundment from 
another tank, surface impoundment, or container subject to this subpart 
except for those hazardous wastes that meet the conditions specified in 
Sec. 264.1082(c) of this subpart; and
    (2) Transfer all hazardous waste from the surface impoundment to 
another

[[Page 324]]

tank, surface impoundment, or container subject to this subpart except 
for those hazardous wastes that meet the conditions specified in 
Sec. 264.1082(c) of this subpart.
    (g) Each cover opening shall be secured in the closed, sealed 
position (e.g., a cover by a gasketed lid or cap) at all times that 
hazardous waste is in the surface impoundment except when it is 
necessary to use the cover opening to:
    (1) Add, remove, inspect, or sample the material in the surface 
impoundment;
    (2) Inspect, maintain, repair, or replace equipment located 
underneath the cover;
    (3) Remove treatment residues from the surface impoundment in 
accordance with the requirements of 40 CFR 268.4; or
    (4) Vent gases or vapors from the surface impoundment to a closed-
vent system connected to a control device that is designed and operated 
in accordance with the requirements of Sec. 264.1087 of this subpart.
    (h) One or more safety devices that vent directly to the atmosphere 
may be installed on the cover, closed-vent system, or control device 
provided each device meets all of the following conditions:
    (1) The safety device is not used for planned or routine venting of 
organic vapors from the surface impoundment or the closed-vent system 
connected to a control device; and
    (2) The safety device remains in a closed, sealed position at all 
times except when an unplanned event requires that the device open for 
the purpose of preventing physical damage or permanent deformation of 
the cover, closed-vent system, or control device in accordance with good 
engineering and safety practices for handling flammable, combustible, 
explosive, or other hazardous materials. An example of an unplanned 
event is a sudden power outage.

[59 FR 62927, Dec. 6, 1994, as amended at 61 FR 4912, Feb. 9, 1996]



Sec. 264.1086  Standards: Containers.

    (a) This section applies to the owners and operators of containers 
having design capacities greater than 0.1 m3 subject to this 
subpart into which any hazardous waste is placed except for a container 
in which all hazardous waste entering the container meets the conditions 
specified in Sec. 264.1082(c) of this subpart.
    (b) An owner or operator shall manage hazardous waste in containers 
using the following procedures:
    (1) The owner or operator shall place the hazardous waste into one 
of the following containers except when a container is used for 
hazardous waste treatment in accordance with the requirements of 
paragraph (b)(2) of this section:
    (i) A container that is equipped with a cover which operates with no 
detectable organic emissions when all container openings (e.g., lids, 
bungs, hatches, and sampling ports) are secured in a closed, sealed 
position. The owner or operator shall determine that a container 
operates with no detectable emissions by testing each opening on the 
container for leaks in accordance with Method 21 in 40 CFR part 60, 
appendix A the first time any portion of the hazardous waste is placed 
into the container. If a leak is detected and cannot be repaired 
immediately, the hazardous waste shall be removed from the container and 
the container not used to meet the requirements of this paragraph until 
the leak is repaired and the container is retested.
    (ii) A container having a design capacity less than or equal to 0.46 
m3 that is equipped with a cover and complies with all applicable 
Department of Transportation regulations on packaging hazardous waste 
for transport under 49 CFR part 178.
    (A) A container that is managed in accordance with the requirements 
of 49 CFR part 178 for the purpose of complying with this subpart is not 
subject to any exceptions to the 49 CFR part 178 regulations, except as 
noted in paragraph (b)(1)(ii)(B) of this section.
    (B) A lab pack that is managed in accordance with the requirements 
of 49 CFR part 178 for the purpose of complying with this subpart may 
comply with the exceptions for combination packagings specified in 49 
CFR 173.12(b).
    (iii) A container that is attached to or forms a part of any truck, 
trailer, or

[[Page 325]]

railcar; and that has been demonstrated within the preceding 12 months 
to be organic vapor tight when all container openings are in a closed, 
sealed position (e.g., the container hatches or lids are gasketed and 
latched). For the purpose of meeting the requirements of this paragraph, 
a container is organic vapor tight if the container sustains a pressure 
change of not more than 750 pascals within 5 minutes after it is 
pressurized to a minimum of 4,500 pascals. This condition is to be 
demonstrated using the pressure test specified in Method 27 of 40 CFR 
part 60, appendix A, and a pressure measurement device which has a 
precision of 2.5 mm water and which is capable of measuring 
above the pressure at which the container is to be tested for vapor 
tightness.
    (2) An owner or operator treating hazardous waste in a container by 
either a waste stabilization process, any process that requires the 
addition of heat to the waste, or any process that produces an 
exothermic reaction shall meet the following requirements:
    (i) Whenever it is necessary for the container to be open during the 
treatment process, the container shall be located inside an enclosure 
that is vented through a closed-vent system to a control device.
    (ii) The enclosure shall be a structure that is designed and 
operated in accordance with the following requirements:
    (A) The enclosure shall be a structure that is designed and operated 
with sufficient airflow into the structure to capture the organic vapors 
emitted from the hazardous waste in the container and vent the vapors 
through the closed-vent system to the control device.
    (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 to direct airflow into the enclosure.
    (C) 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'' in Appendix B of Sec. 52.741.
    (iii) The closed-vent system and control device shall be designed 
and operated in accordance with the requirements of Sec. 264.1087 of 
this subpart.
    (3) Transfer of the waste into or from a container shall be 
conducted in such a manner as to minimize waste exposure to the 
atmosphere to the extent practical, considering good engineering and 
safety practices for handling hazardous materials. Examples of container 
loading procedures that the EPA considers to meet the requirements of 
this paragraph include using a submerged-fill method to load liquids 
into the container; using a vapor-balancing or a vapor-recovery system 
to collect and control the vapors displaced from the container during 
filling operations; and transferring waste through a conveyance tube 
that is fitted to a container opening above the liquid level to splash-
fill the material, and subsequently purging the conveyance tube with gas 
prior to removing it from the container opening.
    (c) Each container opening shall be maintained in a closed, sealed 
position (e.g. covered by a gasketed lid) at all times that hazardous 
waste is in the container except when it is necessary to have the 
opening open during procedures to:
    (1) Add, remove, inspect, or sample the material in the container;
    (2) Inspect, maintain, repair, or replace equipment located inside 
the container; or
    (3) Vent gases or vapors from a cover located over or enclosing an 
open container to a closed-vent system connected to a control device 
that is designed and operated in accordance with the requirements of 
Sec. 264.1087 of this subpart.
    (d) One or more safety devices that vent directly to the atmosphere 
may be used on the container, cover, enclosure, closed-vent system, or 
control device provided each device meets all of the following 
conditions:
    (1) The safety device is not used for planned or routine venting of 
organic vapors from the container, cover, enclosure, or closed-vent 
system connected to a control device; and

[[Page 326]]

    (2) The safety device remains in a closed, sealed position at all 
times except when an unplanned event requires that the device open for 
the purpose of preventing physical damage or permanent deformation of 
the container, cover, enclosure, closed-vent system, or control device 
in accordance with good engineering and safety practices for handling 
flammable, combustible, explosive, or other hazardous materials. An 
example of an unplanned event is a sudden power outage.

[59 FR 62927, Dec. 6, 1994, as amended at 61 FR 4912, Feb. 9, 1996]



Sec. 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 subpart.
    (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 Sec. 264.1033(k) of this 
part.
    (3) If the closed-vent system contains one or more bypass devices 
that could be used to divert all or a portion of the gases, vapors, or 
fumes from entering the control device, the owner or operator shall meet 
the following requirements:
    (i) For each bypass device except as provided for in paragraph 
(b)(3)(ii) of this section, the owner or operator shall either:
    (A) Install, calibrate, maintain, and operate a flow indicator at 
the inlet to the bypass device that indicates at least once every 15 
minutes whether gas, vapor, or fume flow is present in the bypass 
device; or
    (B) Secure a valve installed at the inlet to the bypass device in 
the closed position using a car-seal or a lock-and-key type 
configuration. The owner or operator shall visually inspect the seal or 
closure mechanism at least once every month to verify that the valve is 
maintained in the closed position.
    (ii) Low leg drains, high point bleeds, analyzer vents, open-ended 
valves or lines, and safety devices are not subject to the requirements 
of paragraph (b)(3)(i) of this section.
    (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 Sec. 264.1033(c) of this part; or
    (iii) A flare designed and operated in accordance with the 
requirements of Sec. 264.1033(d) of this part.
    (2) The control device shall be operating at all times when gases, 
vapors, or fumes are vented from the waste management unit through the 
closed-vent system to the control device.
    (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 
Sec. 264.1033(g) or Sec. 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 Sec. 264.1033(m) of this part, regardless of the VO 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 Sec. 264.1033(j) of this part.
    (5) The owner or operator shall demonstrate that a control device 
achieves

[[Page 327]]

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 40 CFR part 270 
and designs and operates the unit in accordance with the requirements of 
40 CFR part 266, subpart H; or
    (E) A boiler or process heater burning hazardous waste for which the 
owner or operator has certified compliance with the interim status 
requirements of 40 CFR part 266, subpart H.
    (ii) An owner or operator shall demonstrate the performance of each 
flare in accordance with the requirements specified in Sec. 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 Sec. 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 Sec. 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 Regional Administrator 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 Regional 
Administrator may choose to have an authorized representative observe 
the performance test.

[59 FR 62927, Dec. 6, 1994, as amended at 61 FR 4913, Feb. 9, 1996]



Sec. 264.1088  Inspection and monitoring requirements.

    (a) This section applies to an owner or operator using air emission 
controls in accordance with the requirements of Sec. 264.1084 through 
Sec. 264.1087 of this subpart.
    (b) Each cover used in accordance with requirements of Sec. 264.1084 
through Sec. 264.1086 of this subpart shall be visually inspected and 
monitored for detectable organic emissions by the owner or operator 
using the procedure specified in 40 CFR 265.1089(f)(1) through (f)(7) 
except as follows:
    (1) An owner or operator is exempted from performing the cover 
inspection and monitoring requirements specified in 40 CFR 
265.1089(f)(1) through (f)(7) for the following tank covers:
    (i) A tank internal floating roof that is inspected and monitored in 
accordance with the requirements of Sec. 264.1091 of this subpart; or
    (ii) A tank external floating roof that is inspected and monitored 
in accordance with the requirements of Sec. 264.1091 of this subpart.
    (2) If a tank is buried partially or entirely underground, an owner 
or operator is required to perform the cover inspection and monitoring 
requirements specified in 40 CFR 265.1089(f)(1) through (f)(7) only for 
those portions of the tank cover and those connections to the tank cover 
or tank body (e.g. fill ports, access hatches, gauge wells, etc.) that 
extend to or above the ground surface and can be opened to the 
atmosphere.
    (3) An owner or operator is exempted from performing the cover 
inspection and monitoring requirements specified in 40 CFR 
265.1089(f)(1) through (f)(7) for a container that meets all 
requirements specified in either Sec. 264.1086(b)(1)(ii) or 
Sec. 264.1086(b)(1)(iii) of this subpart.

[[Page 328]]

    (4) An owner or operator is exempted from performing the cover 
inspection and monitoring requirements specified in 40 CFR 
265.1089(f)(1) through (f)(7) for an enclosure used to control air 
emissions from containers in accordance with the requirements of 
Sec. 264.1086(b)(2) of this subpart.
    (c) Each closed-vent system used in accordance with the requirements 
of Sec. 264.1087 shall be inspected and monitored by the owner or 
operator in accordance with the procedure specified in Sec. 264.1033(k).
    (d) Each control device used in accordance with the requirements of 
Sec. 264.1087 of this subpart shall be inspected and monitored by the 
owner or operator in accordance with the procedures specified in 
Sec. 264.1033(f)(2) and Sec. 264.1033(i) of this part. The readings from 
each monitoring device required by Sec. 264.1033(f)(2) shall be 
inspected at least once each operating day to check control device 
operation. Any necessary corrective measures should be immediately 
implemented to ensure the control device is operated in compliance with 
the requirements of Sec. 264.1087 of this subpart.
    (e) The owner or operator shall develop and implement a written plan 
and schedule to perform all inspection and monitoring requirements of 
this section. The owner or operator shall incorporate this plan and 
schedule into the facility inspection plan required under Sec. 264.15.

[59 FR 62927, Dec. 6, 1994, as amended at 61 FR 4913, Feb. 9, 1996]



Sec. 264.1089  Recordkeeping requirements.

    (a) Each owner or operator of a facility subject to requirements in 
this subpart shall record and maintain the following information as 
applicable:
    (1) Documentation for each cover installed on a tank in accordance 
with the requirements of Sec. 264.1084(b)(2) or Sec. 264.1084(b)(3) of 
this subpart 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 40 CFR 265.1091(a).
    (2) Documentation for each floating membrane cover installed on a 
surface impoundment in accordance with the requirements of 
Sec. 264.1085(c) of this subpart 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 40 CFR 265.1086(e).
    (3) Documentation for each enclosure used to control air emissions 
from containers in accordance with the requirements of 
Sec. 264.1086(b)(2)(i) of this subpart that includes information 
prepared by the owner or operator or provided by the manufacturer or 
vendor describing the enclosure design, and certification by the owner 
or operator that the enclosure meets the specifications listed in 
Sec. 264.1086(b)(2)(ii) of this subpart.
    (4) Documentation for each closed-vent system and control device 
installed in accordance with the requirements of Sec. 264.1087 of this 
subpart 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 (a)(4)(ii) of this section or by performance tests as 
specified in paragraph (a)(4)(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 Sec. 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 Sec. 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 Sec. 264.1035(b)(3) and all test results.
    (iv) Information as required by Sec. 264.1035(c)(1) and (c)(2).

[[Page 329]]

    (5) Records for all Method 27 tests performed by the owner or 
operator for each container used to meet the requirements of 
Sec. 264.1086(b)(1)(iii) of this subpart.
    (6) Records for all visual inspections conducted in accordance with 
the requirements of Sec. 264.1088 of this subpart.
    (7) Records for all monitoring for detectable organic emissions 
conducted in accordance with the requirements of Sec. 264.1088 of this 
subpart.
    (8) Records of the date of each attempt to repair a leak, repair 
methods applied, and the date of successful repair.
    (9) Records for all continuous monitoring conducted in accordance 
with the requirements of Sec. 264.1088 of this subpart.
    (10) Records of the management of carbon removed from a carbon 
adsorption system conducted in accordance with Sec. 264.1087(c)(3)(ii) 
of this subpart.
    (11) Records for all inspections of each cover installed on a tank 
in accordance with the requirements of Sec. 264.1084(b)(2) or 
Sec. 264.1084(b)(3) of this subpart that includes information as listed 
in 40 CFR 265.1091(c).
    (b) An owner or operator electing to use air emission controls for a 
tank in accordance with the conditions specified in Sec. 264.1084(c) of 
this subpart shall record the following information:
    (1) Date and time each waste sample is collected for direct 
measurement of maximum organic vapor pressure in accordance with 
Sec. 264.1083(c) of this subpart.
    (2) Results of each determination of the maximum organic vapor 
pressure of the waste in a tank performed in accordance with 
Sec. 264.1083(c) of this subpart.
    (3) Records specifying the tank dimensions and design capacity.
    (c) An owner or operator electing to use air emission controls for a 
tank in accordance with the requirements of Sec. 264.1091 of this 
subpart shall record the information required by Sec. 264.1091(c) of 
this subpart.
    (d) An owner or operator electing not to use air emission controls 
for a particular tank, surface impoundment, or container subject to this 
subpart in accordance with the conditions specified in Sec. 264.1082(c) 
of this subpart shall record the information used by the owner or 
operator 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 Sec. 264.1083 of this subpart.
    (e) An owner or operator electing to comply with requirements in 
accordance with Sec. 264.1082(c)(2)(vi) or Sec. 264.1082(c)(2)(vii) of 
this subpart shall record the identification number for the incinerator, 
boiler, or industrial furnace in which the hazardous waste is treated.
    (f) An owner or operator designating a cover as unsafe to inspect 
and monitor pursuant to 40 CFR 265.1089(f)(5) or difficult to inspect 
and monitor pursuant to 40 CFR 265.1089(f)(6) shall record in a log that 
is kept in the facility operating record the following information:
    (1) A list of identification numbers for tanks with covers that are 
designated as unsafe to inspect and monitor in accordance with the 
requirements of 40 CFR 265.1089(f)(5), an 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.
    (2) A list of identification numbers for tanks with covers that are 
designated as difficult to inspect and monitor in accordance with the 
requirements of 40 CFR 265.1089(f)(6), an explanation for each cover 
stating why the cover is difficult to inspect and monitor, and the plan 
and schedule for inspecting and monitoring each cover.
    (g) All records required by paragraphs (a) through (f) of this 
section except as required in paragraphs (a)(1) through (a)(4) of this 
section shall be maintained in the operating record for a minimum of 3 
years. All records required by paragraphs (a)(1) through (a)(4) of this 
section shall be maintained in the operating record until the air 
emission control equipment is replaced or otherwise no longer in 
service.

[[Page 330]]

    (h) The owner or operator of a facility that is subject to this 
subpart 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 subpart by documentation either pursuant 
to this subpart, 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 Secs. 264.1084 through 264.1087 of this subpart in 
accordance with the conditions specified in Sec. 264.1080(d) of this 
subpart, 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 
Sec. 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 Secs. 264.1084 through 264.1087 of this 
subpart, 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 Sec. 264.1084(g) of this subpart, 
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 Sec. 264.1086(d) of 
this subpart, 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.

[59 FR 62927, Dec. 6, 1994, as amended at 60 FR 50429, Sept. 29, 1995; 
61 FR 4913, Feb. 9, 1996]



Sec. 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 Sec. 264.1082(c) shall report to the 
Regional Administrator each occurrence when hazardous waste is placed in 
the waste management

[[Page 331]]

unit in noncompliance with the conditions specified in 
Sec. 264.1082(c)(1) or (c)(2) of this subpart, 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 100 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 Sec. 264.1082(c)(2)(i) through 
(c)(2)(v) of this subpart. 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 
recurrence 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 Sec. 264.1084(c) of this subpart shall 
report to the Regional Administrator each occurrence when hazardous 
waste is managed in the tank in noncompliance with the conditions 
specified in Sec. 264.1084(c)(1) through (c)(4) of this subpart. 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 Sec. 264.1087 of this subpart shall submit a 
semiannual written report to the Regional Administrator excepted 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 
Sec. 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 
Sec. 264.1033(d). The report shall describe each occurrence during the 
previous 6-month period when a control device is operated continuously 
for 24 hours or longer in noncompliance with the applicable operating 
values defined in Sec. 264.1035(c)(4) or when a flare is operated with 
visible emissions as defined in Sec. 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 Regional Administrator 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 subpart 
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 Sec. 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 Sec. 264.1033(d).

[59 FR 62927, Dec. 6, 1994, as amended at 61 FR 4913, Feb. 9, 1996]



Sec. 264.1091  Alternative control requirements for tanks.

    (a) This section applies to owners and operators of tanks electing 
to comply with Sec. 264.1084(b)(2) or Sec. 264.1084(b)(3) of this 
subpart.
    (1) The owner or operator electing to comply with 
Sec. 264.1084(b)(2) of this subpart shall design, install, operate, and 
maintain a fixed roof and internal floating roof that meet the 
requirements specified in 40 CFR 265.1091(a)(1)(i) through (a)(1)(ix).
    (2) The owner or operator electing to comply with 
Sec. 264.1084(b)(3) of this subpart shall design, install, operate, and

[[Page 332]]

maintain an external floating roof that meets the requirements specified 
in 40 CFR 265.1091(a)(2)(i) through (a)(2)(iii).
    (3) The owner or operator may elect to comply with Sec. 264.1084 
(b)(2) or (b)(3) of this subpart using an alternative means of emission 
limitation as specified in 40 CFR 265.1091(a)(3).
    (b) The owner or operator shall inspect and monitor the control 
equipment in accordance with the following requirements:
    (1) For a tank equipped with a fixed roof and internal floating roof 
in accordance with the requirements of paragraph (a)(1) of this section, 
the owner or operator shall perform the inspection and monitoring 
requirements specified in 40 CFR 265.1091(b)(1).
    (2) For a tank equipped with an external floating roof in accordance 
with the requirements of paragraph (a)(2) of this section, the owner or 
operator shall perform the inspection and monitoring requirements 
specified in 40 CFR 265.1091(b)(2).
    (c) The owner or operator shall record the following information in 
the operating record in accordance with the requirements of 
Sec. 264.1089(a)(1) and (a)(11) of this subpart:
    (1) For a tank equipped with a fixed roof and internal floating roof 
in accordance with the requirements of paragraph (a)(1) of this section, 
the owner or operator shall record the information listed in 40 CFR 
265.1091(c)(1).
    (2) For a tank equipped with an external floating roof in accordance 
with the requirements of paragraph (a)(1) of this section, the owner or 
operator shall record the information listed in 40 CFR 265.1091(c)(2).

[59 FR 62927, Dec. 6, 1994, as amended at 61 FR 4913, Feb. 9, 1996]



                    Subpart DD--Containment Buildings

    Source: 57 FR 37265, Aug. 18, 1992, unless otherwise noted.



Sec. 264.1100  Applicability.

    The requirements of this subpart apply to owners or operators who 
store or treat hazardous waste in units designed and operated under 
Sec. 264.1101 of this subpart. These provisions will become effective on 
February 18, 1993, although 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 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 
Sec. 264.1101(b)(4);
    (d) Has controls sufficient to prevent fugitive dust emissions to 
meet the no visible emission standard in Sec. 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.

[[Page 333]]



Sec. 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. 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 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 m\2\/sec or more.
    (ii) If treatment is to be conducted in the building, an area in 
which such

[[Page 334]]

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. 264.193(d)(1). In addition, the containment 
building must meet the requirements of Sec. 264.193(b) and 
Secs. 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 
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 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 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 (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 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 lead to a release of 
hazardous waste (e.g., upon detection of leakage

[[Page 335]]

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 buildings that contain areas both 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 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.



Sec. 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 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. 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

[[Page 336]]

landfills specified in subparts G and H of this part.
Secs. 264.1103--264.1110  [Reserved]

                         Appendices to Part 264

           Appendix I to Part 264--Recordkeeping Instructions

    The recordkeeping provisions of Sec. 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 Sec. 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 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;

                                 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
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--


[[Page 337]]



                      (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 33221, May 19, 1980, as amended at 59 FR 13891, Mar. 24, 1994]

               Appendices II--III to Part 264--[Reserved]

 Appendix IV to Part 264--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:


                                               X1+X2 . . . +Xn          
                                      X=         ----------             
                                                      n                 
                                                                        

and the variance is calculated by:


                                     (X1-X)2 + (X2-X)2 . . . + (Xn-X)2  
               s2=                 ------------------------------------ 
                                                    n-1                 
                                                                        

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 t* value is 
compared to the tc 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:


[[Page 338]]

[GRAPHIC] [TIFF OMITTED] TR26OC93.011



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:


                                                      sb2                                  sm2                  
                                               WB=   ----           and             Wm=   ----                  
                                                      nb                                   nm                   
                                                                                                                

and so the comparison t-statistic is:


                                                Wbtb+Wmtm               
                                    tc=                                 
                                                  Wb+Wm                 
                                                                        

    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 tc 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             
------------------------------------------------------------------------
                                                     t-values   t-values
                Degrees of freedom                    (one-      (two-  
                                                      tail)      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      2.021
------------------------------------------------------------------------
Adopted from Table III of ``Statistical Tables for Biological,          
  Agricultural, and Medical Research'' (1947, R. A. Fisher and F.       
  Yates).                                                               


[47 FR 32367, July 26, 1982]

   Appendix V to Part 264--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

[[Page 339]]

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, CH3!SiCl3
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.
---------------------------------------------------------------------------

    \1\ These include counties, city-county consolidations, and 
independent cities. In the case of Alaska, the political jurisdictions 
are election districts, and, in the case of Hawaii, the political 
jurisdiction listed is the island of Hawaii.
---------------------------------------------------------------------------

[46 FR 2872, Jan. 12, 1981]


[[Page 340]]

Appendix VI to Part 264--Political Jurisdictions\1\ in Which Compliance 
                With Sec. 264.18(a) Must Be Demonstrated

                                 Alaska

Aleutian Islands
Anchorage
Bethel
Bristol Bay
Cordova-Valdez
Fairbanks-Fort Yukon
Juneau
Kenai-Cook Inlet
Ketchikan-Prince of Wales
Kodiak
Lynn Canal-Icy Straits
Palmer-Wasilla-Talkeena
Seward
Sitka
Wade Hampton
Wrangell Petersburg
Yukon-Kuskokwim

                                 Arizona

Cochise
Graham
Greenlee
Yuma

                               California

All
  

                                Colorado

Archuleta
Conejos
Hinsdale
Mineral
Rio Grande
Saguache

                                 Hawaii

Hawaii
  

                                  Idaho

Bannock
Bear Lake
Bingham
Bonneville
Caribou
Cassia
Clark
Franklin
Fremont
Jefferson
Madison
Oneida
Power
Teton

                                 Montana

Beaverhead
Broadwater
Cascade
Deer Lodge
Flathead
Gallatin
Granite
Jefferson
Lake
Lewis and Clark
Madison
Meagher
Missoula
Park
Powell
Sanders
Silver Bow
Stillwater
Sweet Grass
Teton
Wheatland

                                 Nevada

All
  

                               New Mexico

Bernalillo
Catron
Grant
Hidalgo
Los Alamos
Rio Arriba
Sandoval
Sante Fe
Sierra
Socorro
Taos
Torrance
Valencia

                                  Utah

Beaver
Box Elder
Cache
Carbon
Davis
Duchesne
Emery
Garfield
Iron
Juab
Millard
Morgan
Piute
Rich
Salt Lake
Sanpete
Sevier
Summit
Tooele
Utah
Wasatch
Washington
Wayne
Weber

                               Washington

Chelan
Clallam
Clark
Cowlitz
Douglas
Ferry
Grant
Grays Harbor
Jefferson
King
Kitsap
Kittitas
Lewis
Mason
Okanogan
Pacific
Pierce
San Juan Islands
Skagit
Skamania
Snohomish
Thurston
Wahkiakum
Whatcom
Yakima

                                 Wyoming

Fremont
Lincoln
Park
Sublette
Teton
Uinta
Yellowstone National
Park

[46 FR 57285, Nov. 23, 1981; 47 FR 953, Jan. 8, 1982]

              Appendices VII--VIII to Part 264--[Reserved]

[[Page 341]]

        Appendix IX to Part 264--Ground-Water Monitoring List\1\

                                        Ground-Water Monitoring List \1\                                        
----------------------------------------------------------------------------------------------------------------
                                                                                                          PQL   
            Common name \2\               CAS RN \3\     Chemical abstracts service     Suggested   (g/
                                                               index name \4\          methods \5\     L) \6\   
----------------------------------------------------------------------------------------------------------------
Acenaphthene...........................      83-32-9  Acenaphthylene, 1,2-dihydro-...        8100        200    
                                                                                             8270         10    
Acenaphthylene.........................     208-96-8  Acenaphthylene.................        8100        200    
                                                                                             8270         10    
Acetone................................      67-64-1  2-Propanone....................        8240        100    
Acetophenone...........................      98-86-2  Ethanone, 1-phenyl-............        8270         10    
Acetonitrile; Methyl cyanide...........      75-05-8  Acetonitrile...................        8015        100    
2-Acetylaminofluorene; 2-AAF...........      53-96-3  Acetamide, N-9H-fluoren-2-yl-..        8270         10    
Acrolein...............................     107-02-8  2-Propenal.....................        8030          5    
                                                                                             8240          5    
Acrylonitrile..........................     107-13-1  2-Propenenitrile...............        8030          5    
                                                                                             8240          5    
Aldrin.................................     309-00-2  1,4:5,8-Dimethanonaphthalene,          8080          0.05 
                                                       1,2,3,4,10,10-hexachloro-             8270         10    
                                                       1,4,4a,5,8,8a-hexahydro-                                 
                                                       (1,4,                                  
                                                       4a, 5,8,8a)-                              
Allyl chloride.........................     107-05-1  1-Propene, 3-chloro-...........        8010          5    
                                                                                             8240        100    
4-Aminobiphenyl........................      92-67-1  [1,1-Biphenyl]- 4-amine........        8270         10    
Aniline................................      62-53-3  Benzenamine....................        8270         10    
Anthracene.............................     120-12-7  Anthracene.....................        8100        200    
                                                                                             8270         10    
Antimony...............................      (Total)  Antimony.......................        6010        300    
                                                                                             7040      2,000    
                                                                                             7041         30    
Aramite................................     140-57-8  Sulfurous acid, 2-chloroethyl 2-       8270         10    
                                                       [4-(1,1-dimethylethyl)phenoxy]-                          
                                                       1-methylethyl ester.                                     
Arsenic................................      (Total)  Arsenic........................        6010        500    
                                                                                             7060         10    
                                                                                             7061         20    
Barium.................................      (Total)  Barium.........................        6010         20    
                                                                                             7080      1,000    
Benzene................................      71-43-2  Benzene........................        8020          2    
                                                                                             8240          5    
Benzo[a]anthracene; Benzanthracene.....      56-55-3  Benz[a]anthracene..............        8100        200    
                                                                                             8270         10    
Benzo[b]fluoranthene...................     205-99-2  Benz[e]acephenanthrylene.......        8100        200    
                                                                                             8270         10    
Benzo[k]fluoranthene...................     207-08-9  Benzo[k]fluoranthene...........        8100        200    
                                                                                             8270         10    
Benzo[ghi]perylene.....................     191-24-2  Benzo[ghi]perylene.............        8100        200    
                                                                                             8270         10    
Benzo[a]pyrene.........................      50-32-8  Benzo[a]pyrene.................        8100        200    
                                                                                             8270         10    
Benzyl alcohol.........................     100-51-6  Benzenemethanol................        8270         20    
Beryllium..............................      (Total)  Beryllium......................        6010          3    
                                                                                             7090         50    
                                                                                             7091          2    
alpha-BHC..............................     319-84-6  Cyclohexane, 1,2,3,4,5,6-              8080          0.05 
                                                       hexachloro-,(1,                                 
                                                       2,3, 4,5,6)-                               
                                                                                             8250         10    
beta-BHC...............................     319-85-7  Cyclohexane, 1,2,3,4,5,6-              8080          0.05 
                                                       hexachloro-,(1,2, 3,4, 5,6)-                                          
                                                                                             8250         40    
delta-BHC..............................     319-86-8  Cyclohexane, 1,2,3,4,5,6-              8080          0.1  
                                                       hexachloro-,(1,2, 3,                               
                                                       4,5,6,                                 
                                                       2, 3,                                  
                                                       4,5,6-(4-chlorophenyl)-                              
                                                       -hydroxy-, ethyl                                
                                                       ester.                                                   
p-Chloro-m-cresol......................      59-50-7  Phenol, 4-chloro-3-methyl-.....        8040          5    
                                                                                             8270         20    
Chloroethane; Ethyl chloride...........      75-00-3  Ethane, chloro-................        8010          5    
                                                                                             8240         10    
Chloroform.............................      67-66-3  Methane, trichloro-............        8010          0.5  
                                                                                             8240          5    
2-Chloronaphthalene....................      91-58-7  Naphthalene, 2-chloro-.........        8120         10    
                                                                                             8270         10    
2-Chlorophenol.........................      95-57-8  Phenol, 2-chloro-..............        8040          5    
                                                                                             8270         10    
4-Chlorophenyl phenyl ether............    7005-72-3  Benzene, 1-chloro-4-phenoxy-...        8270         10    
Chloroprene............................     126-99-8  1,3-Butadiene, 2-chloro-.......        8010         50    
                                                                                             8240          5    
Chromium...............................      (Total)  Chromium.......................        6010         70    
                                                                                             7190        500    
                                                                                             7191         10    
Chrysene...............................     218-01-9  Chrysene.......................        8100        200    
                                                                                             8270         10    
Cobalt.................................      (Total)  Cobalt.........................        6010         70    
                                                                                             7200        500    
                                                                                             7201         10    
Copper.................................      (Total)  Copper.........................        6010         60    
                                                                                             7210        200    
m-Cresol...............................     108-39-4  Phenol, 3-methyl-..............        8270         10    
o-Cresol...............................      95-48-7  Phenol, 2-methyl-..............        8270         10    
p-Cresol...............................     106-44-5  Phenol, 4-methyl-..............        8270         10    
Cyanide................................      57-12-5  Cyanide........................        9010         40    
2,4-D; 2,4-Dichlorophenoxyacetic acid..      94-75-7  Acetic acid, (2,4-                     8150         10    
                                                       dichlorophenoxy)-.                                       
4,4-DDD................................      72-54-8  Benzene 1,1-(2,2-                      8080          0.1  
                                                       dichloroethylidene) bis[4-            8270         10    
                                                       chloro-.                                                 
4,4-DDE................................      72-55-9  Benzene, 1,1-                          8080          0.05 
                                                       (dichloroethenylidene) bis[4-         8270         10    
                                                       chloro-.                                                 
4,4-DDT................................      50-29-3  Benzene, 1,1-(2,2,2-                   8080          0.1  
                                                       trichloroethylidene) bis[4-           8270         10    
                                                       chloro-.                                                 
Diallate...............................    2303-16-4  Carbamothioic acid, bis(1-             8270         10    
                                                       methylethyl)- , S- (2,3-                                 
                                                       dichloro-2-propenyl) ester.                              
Dibenz[a,h]anthracene..................      53-70-3  Dibenz[a,h]anthracene..........        8100        200    
                                                                                             8270         10    
Dibenzofuran...........................     132-64-9  Dibenzofuran...................        8270         10    
Dibromochloromethane;                       124-48-1  Methane, dibromochloro-........        8010          1    
 Chlorodibromomethane                                                                        8240          5    
1,2-Dibromo-3-chloropropane; DBCP......      96-12-8  Propane, 1,2-dibromo-3-chloro-.        8010        100    
                                                                                             8240          5    
                                                                                             8270         10    
1,2-Dibromoethane; Ethylene dibromide..     106-93-4  Ethane, 1,2-dibromo-...........        8010         10    
                                                                                             8240          5    
Di-n-butyl phthalate...................      84-74-2  1,2-Benzenedicarboxylic acid,          8060          5    
                                                       dibutyl ester.                        8270         10    
o-Dichlorobenzene......................      95-50-1  Benzene, 1,2-dichloro-.........        8010          2    
                                                                                             8020          5    

[[Page 343]]

                                                                                                                
                                                                                             8120         10    
                                                                                             8270         10    
m-Dichlorobenzene......................     541-73-1  Benzene, 1,3-dichloro-.........        8010          5    
                                                                                             8020          5    
                                                                                             8120         10    
                                                                                             8270         10    
p-Dichlorobenzene......................     106-46-7  Benzene, 1,4-dichloro-.........        8010          2    
                                                                                             8020          5    
                                                                                             8120         15    
                                                                                             8270         10    
3,3-Dichlorobenzidine..................      91-94-1  [1,1-Biphenyl]- 4,4- diamine,          8270         20    
                                                       3,3-dichloro-.                                           
trans-1,4-Dichloro-2-butene............     110-57-6  2-Butene, 1,4-dichloro-, (E)-..        8240          5    
Dichlorodifluoromethane................      75-71-8  Methane, dichlorodifluoro-.....        8010         10    
                                                                                             8240          5    
1,1-Dichloroethane.....................      75-34-3  Ethane, 1,1-dichloro-..........        8010          1    
                                                                                             8240          5    
1,2-Dichloroethane; Ethylene dichloride     107-06-2  Ethane, 1,2-dichloro-..........        8010          0.5  
                                                                                             8240          5    
1,1-Dichloroethylene; Vinylidene             75-35-4  Ethene, 1,1-dichloro-..........        8010          1    
 chloride.                                                                                   8240          5    
trans-1,2-Dichloroethylene.............     156-60-5  Ethene, 1,2-dichloro-, (E)-....        8010          1    
                                                                                             8240          5    
2,4-Dichlorophenol.....................     120-83-2  Phenol, 2,4-dichloro-..........        8040          5    
                                                                                             8270         10    
2,6-Dichlorophenol.....................      87-65-0  Phenol, 2,6-dichloro-..........        8270         10    
1,2-Dichloropropane....................      78-87-5  Propane, 1,2-dichloro-.........        8010          0.5  
                                                                                             8240          5    
cis-1,3-Dichloropropene................   10061-01-5  1-Propene, 1,3-dichloro-, (Z)-.        8010         20    
                                                                                             8240          5    
trans-1,3-Dichloropropene..............   10061-02-6  1-Propene, 1,3-dichloro-, (E)-.        8010          5    
                                                                                             8240          5    
Dieldrin...............................      60-57-1  2,7:3,6-Dimethanonaphth [2,3-          8080          0.05 
                                                       b]oxirene, 3,4,5,6,9,9-               8270         10    
                                                       hexachloro-                                              
                                                       1a,2,2a,3,6,6a,7,7a- octahydro-                          
                                                       , (1a,2,                               
                                                       2a, 3,6,6a,7)-                                          
Diethyl phthalate......................      84-66-2  1,2-Benzenedicarboxylic acid,          8060          5    
                                                       diethyl ester.                        8270         10    
O,O-Diethyl O-2-pyrazinyl                   297-97-2  Phosphorothioic acid, O,O-             8270         10    
 phosphorothioate; Thionazin                           diethyl O-pyrazinyl ester.                               
Dimethoate.............................      60-51-5  Phosphorodithioic acid, O,O-           8270         10    
                                                       dimethyl S-[2-(methylamino)-2-                           
                                                       oxoethyl] ester.                                         
p-(Dimethylamino)azobenzene............      60-11-7  Benzenamine, N,N-dimethyl-4-           8270         10    
                                                       (phenylazo)-.                                            
7,12-Dimethylbenz[a]anthracene.........      57-97-6  Benz[a]anthracene, 7,12-               8270         10    
                                                       dimethyl-.                                               
3,3-Dimethylbenzidine..................     119-93-7  [1,1-Biphenyl]-4,4-diamine, 3,3-       8270         10    
                                                       dimethyl-.                                               
alpha, alpha-Dimethylphenethylamine....     122-09-8  Benzeneethanamine, ,-dimethyl-.                                  
2,4-Dimethylphenol.....................     105-67-9  Phenol, 2,4-dimethyl-..........        8040          5    
                                                                                             8270         10    
Dimethyl phthalate.....................     131-11-3  1,2-Benzenedicarboxylic acid,          8060          5    
                                                       dimethyl ester.                       8270         10    
m-Dinitrobenzene.......................      99-65-0  Benzene, 1,3-dinitro-..........        8270         10    
4,6-Dinitro-o-cresol...................     534-52-1  Phenol, 2-methyl-4,6-dinitro-..        8040        150    
                                                                                             8270         50    
2,4-Dinitrophenol......................      51-28-5  Phenol, 2,4-dinitro-...........        8040        150    
                                                                                             8270         50    
2,4-Dinitrotoluene.....................     121-14-2  Benzene, 1-methyl-2,4-dinitro-.        8090          0.2  
                                                                                             8270         10    
2,6-Dinitrotoluene.....................     606-20-2  Benzene, 2-methyl-1,3-dinitro-.        8090          0.1  
                                                                                             8270         10    
Dinoseb; DNBP; 2-sec-Butyl- 4,6-             88-85-7  Phenol, 2-(1-methylpropyl)-4,6-        8150          1    
 dinitrophenol                                         dinitro-.                             8270         10    
Di-n-octyl phthalate...................     117-84-0  1,2-Benzenedicarboxylic acid,          8060         30    
                                                       dioctyl ester.                        8270         10    
1,4-Dioxane............................     123-91-1  1,4-Dioxane....................        8015        150    
Diphenylamine..........................     122-39-4  Benzenamine, N-phenyl-.........        8270         10    
Disulfoton.............................     298-04-4  Phosphorodithioic acid, O,O-           8140          2    
                                                       diethyl S-[2-                         8270         10    
                                                       (ethylthio)ethyl]ester                                   
Endosulfan I...........................     959-98-8  6,9-Methano-2,4,3-                     8080          0.1  
                                                       benzodioxathiepin,                    8250         10    
                                                       6,7,8,9,10,10-hexachloro-                                
                                                       1,5,5a,6,9,9a-hexahydro-, 3-                             
                                                       oxide, (3,5a,6,9,9a,5a, 6,9,                               
                                                       9a)-                                            
Endosulfan sulfate.....................    1031-07-8  6,9-Methano-2,4,3-                     8080          0.5  
                                                       benzodioxathiepin,                    8270         10    
                                                       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-           8080          0.1  
                                                       b]oxirene, 3,4,5,6,9,9-               8250         10    
                                                       hexachloro-                                              
                                                       1a,2,2a,3,6,6a,7,7a- octahydro-                          
                                                       , (1a, 2,2a, 3,6, 6a,7, 7a)-                             
Endrin aldehyde........................    7421-93-4  1,2,4-                                 8080          0.2  
                                                       Methenocyclopenta[cd]pentalene-       8270         10    
                                                        5-carboxaldehyde,                                       
                                                       2,2a,3,3,4,7-                                            
                                                       hexachlorodecahydro-, (1,2, 2a,4, 4a,5,6a,6b,1b,2,5,6,6a, 4,                                 
                                                       4a, 5,                                 
                                                       8,8a)-.                                
Isophorone.............................      78-59-1  2-Cyclohexen-1-one, 3,5,5-             8090         60    
                                                       trimethyl-.                           8270         10    
Isosafrole.............................     120-58-1  1,3-Benzodioxole, 5-(1-                8270         10    
                                                       propenyl)-.                                              
Kepone.................................     143-50-0  1,3,4-Metheno-2H-cyclobuta-            8270         10    
                                                       [cd]pentalen-2-one,                                      
                                                       1,1a,3,3a,4,5,5,5a,5b,6-                                 
                                                       decachlorooctahydro-                                     
Lead...................................      (Total)  Lead...........................        6010         40    
                                                                                             7420      1,000    
                                                                                             7421         10    
Mercury................................      (Total)  Mercury........................        7470          2    
Methacrylonitrile......................     126-98-7  2-Propenenitrile, 2-methyl-....        8015          5    
                                                                                             8240          5    
Methapyrilene..........................      91-80-5  1,2,Ethanediamine, N,N-dimethyl-       8270         10    
                                                       N-2- pyridinyl- N-(2-                                    
                                                       thienylmethyl)-.                                         
Methoxychlor...........................      72-43-5  Benzene, 1,1-                          8080          2    
                                                       (2,2,2,trichloroethylidene)bis        8270         10    
                                                       [4-methoxy-.                                             
Methyl bromide; Bromomethane...........      74-83-9  Methane, bromo-................        8010         20    
                                                                                             8240         10    
Methyl chloride; Chloromethane.........      74-87-3  Methane, chloro-...............        8010          1    
                                                                                             8240         10    
3-Methylcholanthrene...................      56-49-5  Benz[j]aceanthrylene, 1,2-             8270         10    
                                                       dihydro-3-methyl-.                                       
Methylene bromide; Dibromomethane......      74-95-3  Methane, dibromo-..............        8010         15    
                                                                                             8240          5    

[[Page 345]]

                                                                                                                
Methylene chloride; Dichloromethane....      75-09-2  Methane, dichloro-.............        8010          5    
                                                                                             8240          5    
Methyl ethyl ketone; MEK...............      78-93-3  2-Butanone.....................        8015         10    
                                                                                             8240        100    
Methyl iodide; Iodomethane.............      74-88-4  Methane, iodo-.................        8010         40    
                                                                                             8240          5    
Methyl methacrylate....................      80-62-6  2-Propenoic acid, 2-methyl-,           8015          2    
                                                       methyl ester.                         8240          5    
Methyl methanesulfonate................      66-27-3  Methanesulfonic acid, methyl           8270         10    
                                                       ester.                                                   
2-Methylnaphthalene....................      91-57-6  Naphthalene, 2-methyl-.........        8270         10    
Methyl parathion; Parathion methyl.....     298-00-0  Phosphorothioic acid, O,O-             8140          0.5  
                                                       dimethyl O-(4-nitrophenyl)            8270         10    
                                                       ester.                                                   
4-Methyl-2-pentanone; Methyl isobutyl       108-10-1  2-Pentanone, 4-methyl-.........        8015          5    
 ketone.                                                                                     8240         50    
Naphthalene............................      91-20-3  Naphthalene....................        8100        200    
                                                                                             8270         10    
1,4-Naphthoquinone.....................     130-15-4  1,4-Naphthalenedione...........        8270         10    
1-Naphthylamine........................     134-32-7  1-Naphthalenamine..............        8270         10    
2-Naphthylamine........................      91-59-8  2-Naphthalenamine..............        8270         10    
Nickel.................................      (Total)  Nickel.........................        6010         50    
                                                                                             7520        400    
o-Nitroaniline.........................      88-74-4  Benzenamine, 2-nitro-..........        8270         50    
m-Nitroaniline.........................      99-09-2  Benzenamine, 3-nitro-..........        8270         50    
p-Nitroaniline.........................     100-01-6  Benzenamine, 4-nitro-..........        8270         50    
Nitrobenzene...........................      98-95-3  Benzene, nitro-................        8090         40    
                                                                                             8270         10    
o-Nitrophenol..........................      88-75-5  Phenol, 2-nitro-...............        8040          5    
                                                                                             8270         10    
p-Nitrophenol..........................     100-02-7  Phenol, 4-nitro-...............        8040         10    
                                                                                             8270         50    
4-Nitroquinoline 1-oxide...............      56-57-5  Quinoline, 4-nitro-, 1-oxide...        8270         10    
N-Nitrosodi-n-butylamine...............     924-16-3  1-Butanamine, N-butyl-N-nitroso-       8270         10    
                                                       .                                                        
N-Nitrosodiethylamine..................      55-18-5  Ethanamine, N-ethyl-N-nitroso-.        8270         10    
N-Nitrosodimethylamine.................      62-75-9  Methanamine, N-methyl-N-nitroso-       8270         10    
                                                       .                                                        
N-Nitrosodiphenylamine.................      86-30-6  Benzenamine, N-nitroso-N-phenyl-       8270         10    
                                                       .                                                        
N-Nitrosodipropylamine; Di-n-               621-64-7  1-Propanamine, N-nitroso-N-            8270         10    
 propylnitrosamine.                                    propyl-.                                                 
N-Nitrosomethylethylamine..............   10595-95-6  Ethanamine, N-methyl-N-nitroso-        8270         10    
N-Nitrosomorpholine....................      59-89-2  Morpholine, 4-nitroso-.........        8270         10    
N-Nitrosopiperidine....................     100-75-4  Piperidine, 1-nitroso-.........        8270         10    
N-Nitrosopyrrolidine...................     930-55-2  Pyrrolidine, 1-nitroso-........        8270         10    
5-Nitro-o-toluidine....................      99-55-8  Benzenamine, 2-methyl-5-nitro-.        8270         10    
Parathion..............................      56-38-2  Phosphorothioic acid, O,O-             8270         10    
                                                       diethyl-O-(4-nitrophenyl)                                
                                                       ester                                                    
Polychlorinated biphenyls; PCBs........   See Note 7  1,1-Biphenyl, chloro                   8080         50    
                                                       derivatives.                          8250        100    
Polychlorinated dibenzo-p-dioxins;        See Note 8  Dibenzo[b,e][1,4]dioxin, chloro        8280          0.01 
 PCDDs.                                                derivatives.                                             
Polychlorinated dibenzofurans; PCDFs...   See Note 9  Dibenzofuran, chloro                   8280          0.01 
                                                       derivatives.                                             
Pentachlorobenzene.....................     608-93-5  Benzene, pentachloro-..........        8270         10    
Pentachloroethane......................      76-01-7  Ethane, pentachloro-...........        8240          5    
                                                                                             8270         10    
Pentachloronitrobenzene................      82-68-8  Benzene, pentachloronitro-.....        8270         10    
Pentachlorophenol......................      87-86-5  Phenol, pentachloro-...........        8040          5    
                                                                                             8270         50    
Phenacetin.............................      62-44-2  Acetamide, N-(4-ethoxyphenyl)..        8270         10    
Phenanthrene...........................      85-01-8  Phenanthrene...................        8100        200    
                                                                                             8270         10    
Phenol.................................     108-95-2  Phenol.........................        8040          1    
                                                                                             8270         10    
p-Phenylenediamine.....................     106-50-3  1,4-Benzenediamine.............        8270         10    
Phorate................................     298-02-2  Phosphorodithioic acid, O,O-           8140          2    
                                                       diethyl S- [(ethylthio)methyl]        8270         10    
                                                       ester                                                    
2-Picoline.............................     109-06-8  Pyridine, 2-methyl-............        8240          5    
                                                                                             8270         10    
Pronamide..............................   23950-58-5  Benzamide, 3,5-dichloro-N-(1,1-        8270         10    
                                                       dimethyl-2-propynyl)-.                                   
Propionitrile; Ethyl cyanide...........     107-12-0  Propanenitrile.................        8015         60    
                                                                                             8240          5    
Pyrene.................................     129-00-0  Pyrene.........................        8100        200    

[[Page 346]]

                                                                                                                
                                                                                             8270         10    
Pyridine...............................     110-86-1  Pyridine.......................        8240          5    
                                                                                             8270         10    
Safrole................................      94-59-7  1,3-Benzodioxole, 5-(2-                8270         10    
                                                       propenyl)-.                                              
Selenium...............................      (Total)  Selenium.......................        6010        750    
                                                                                             7740         20    
                                                                                             7741         20    
Silver.................................      (Total)  Silver.........................        6010         70    
                                                                                             7760        100    
Silvex; 2,4,5-TP.......................      93-72-1  Propanoic acid, 2-(2,4,5-              8150          2    
                                                       trichlorophenoxy)-.                                      
Styrene................................     100-42-5  Benzene, ethenyl-..............        8020          1    
                                                                                             8240          5    
Sulfide................................   18496-25-8  Sulfide........................        9030     10,000    
2,4,5-T; 2,4,5-Trichlorophenoxyacetic        93-76-5  Acetic acid, (2,4,5-                   8150          2    
 acid.                                                 trichlorophenoxy)-.                                      
2,3,7,8-TCDD; 2,3,7,8-                     1746-01-6  Dibenzo[b,e][1,4]dioxin,               8280          0.005
 Tetrachlorodibenzo-p- dioxin                          2,3,7,8-tetrachloro-.                                    
1,2,4,5-Tetrachlorobenzene.............      95-94-3  Benzene, 1,2,4,5-tetrachloro-..        8270         10    
1,1,1,2-Tetrachloroethane..............     630-20-6  Ethane, 1,1,1,2-tetrachloro-...        8010          5    
                                                                                             8240          5    
1,1,2,2-Tetrachloroethane..............      79-34-5  Ethane, 1,1,2,2-tetrachloro-...        8010          0.5  
                                                                                             8240          5    
Tetrachloroethylene; Perchloroethylene;     127-18-4  Ethene, tetrachloro-...........        8010          0.5  
     Tetrachloroethene.                                                                      8240          5    
2,3,4,6-Tetrachlorophenol..............      58-90-2  Phenol, 2,3,4,6-tetrachloro-...        8270         10    
Tetraethyl dithiopyrophosphate;            3689-24-5  Thiodiphosphoric acid                  8270         10    
 Sulfotepp.                                            ([(HO)2P(S)]2O), tetraethyl                              
                                                       ester                                                    
Thallium...............................      (Total)  Thallium.......................        6010        400    
                                                                                             7840      1,000    
                                                                                             7841         10    
Tin....................................      (Total)  Tin............................        7870      8,000    
Toluene................................     108-88-3  Benzene, methyl-...............        8020          2    
                                                                                             8240          5    
o-Toluidine............................      95-53-4  Benzenamine, 2-methyl-.........        8270         10    
Toxaphene..............................    8001-35-2  Toxaphene......................        8080          2    
                                                                                             8250         10    
1,2,4-Trichlorobenzene.................     120-82-1  Benzene, 1,2,4-trichloro-......        8270         10    
1,1,1-Trichloroethane; Methylchloroform      71-55-6  Ethane, 1,1,1-trichloro-.......        8240          5    
1,1,2-Trichloroethane..................      79-00-5  Ethane, 1,1,2-trichloro-.......        8010          0.2  
                                                                                             8240          5    
Trichloroethylene; Trichloroethene.....      79-01-6  Ethene, trichloro-.............        8010          1    
                                                                                             8240          5    
Trichlorofluoromethane.................      75-69-4  Methane, trichlorofluoro-......        8010         10    
                                                                                             8240          5    
2,4,5-Trichlorophenol..................      95-95-4  Phenol, 2,4,5-trichloro-.......        8270         10    
2,4,6-Trichlorophenol..................      88-06-2  Phenol, 2,4,6-trichloro-.......        8040          5    
                                                                                             8270         10    
1,2,3-Trichloropropane.................      96-18-4  Propane, 1,2,3-trichloro-......        8010         10    
                                                                                             8240          5    
O,O,O-Triethyl phosphorothioate........     126-68-1  Phosphorothioic acid, O,O,O-           8270         10    
                                                       triethyl ester.                                          
sym-Trinitrobenzene....................      99-35-4  Benzene, 1,3,5-trinitro-.......        8270         10    
Vanadium...............................      (Total)  Vanadium.......................        6010         80    
                                                                                             7910      2,000    
                                                                                             7911         40    
Vinyl acetate..........................     108-05-4  Acetic acid, ethenyl ester.....        8240          5    
Vinyl chloride.........................      75-01-4  Ethene, chloro-................        8010          2    
                                                                                             8240         10    
                                                                                                                

[[Page 347]]

                                                                                                                
Xylene (total).........................    1330-20-7  Benzene, dimethyl-.............        8020          5    
                                                                                             8240          5    
Zinc...................................      (Total)  Zinc...........................        6010         20    
                                                                                             7950         50    
----------------------------------------------------------------------------------------------------------------
\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 EPA Report SW-846 ``Test Methods for        
  Evaluating Solid Waste'', third edition, November 1986. Analytical details can be found in SW-846 and in      
  documentation on file at the agency. CAUTION: The methods listed are representative SW-846 procedures and may 
  not always be the most suitable method(s) for monitoring an analyte under the regulations.                    
\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.                                

[52 FR 25947, July 9, 1987]



PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES--Table of Contents




                           Subpart A--General

Sec.
265.1  Purpose, scope, and applicability.
265.2--265.3  [Reserved]
265.4  Imminent hazard action.

                  Subpart B--General Facility Standards

265.10  Applicability.
265.11  Identification number.
265.12  Required notices.
265.13  General waste analysis.
265.14  Security.
265.15  General inspection requirements.
265.16  Personnel training.
265.17  General requirements for ignitable, reactive, or incompatible 
          wastes.
265.18  Location standards.
265.19  Construction quality assurance program.

                 Subpart C--Preparedness and Prevention

265.30  Applicability.
265.31  Maintenance and operation of facility.
265.32  Required equipment.
265.33  Testing and maintenance of equipment.
265.34  Access to communications or alarm system.
265.35  Required aisle space.
265.36  [Reserved]
265.37  Arrangements with local authorities.

          Subpart D--Contingency Plan and Emergency Procedures

265.50  Applicability.
265.51  Purpose and implementation of contingency plan.
265.52  Content of contingency plan.
265.53  Copies of contingency plan.
265.54  Amendment of contingency plan.
265.55  Emergency coordinator.
265.56  Emergency procedures.

        Subpart E--Manifest System, Recordkeeping, and Reporting

Sec.
265.70  Applicability.
265.71  Use of manifest system.
265.72  Manifest discrepancies.
265.73  Operating record.
265.74  Availability, retention, and disposition of records.
265.75  Biennial report.
265.76  Unmanifested waste report.
265.77  Additional reports.

[[Page 348]]

                   Subpart F--Ground-Water Monitoring

265.90  Applicability.
265.91  Ground-water monitoring system.
265.92  Sampling and analysis.
265.93  Preparation, evaluation, and response.
265.94  Recordkeeping and reporting.

                   Subpart G--Closure and Post-Closure

265.110  Applicability.
265.111  Closure performance standard.
265.112  Closure plan; amendment of plan.
265.113  Closure; time allowed for closure.
265.114  Disposal or decontamination of equipment, structures and soils.
265.115  Certification of closure.
265.116  Survey plat.
265.117  Post-closure care and use of property.
265.118  Post-closure plan; amendment of plan.
265.119  Post-closure notices.
265.120  Certification of completion of post-closure care.

                    Subpart H--Financial Requirements

265.140  Applicability.
265.141  Definitions of terms as used in this subpart.
265.142  Cost estimate for closure.
265.143  Financial assurance for closure.
265.144  Cost estimate for post-closure care.
265.145  Financial assurance for post-closure care.
265.146  Use of a mechanism for financial assurance of both closure and 
          post-closure care.
265.147  Liability requirements.
265.148  Incapacity of owners or operators, guarantors, or financial 
          institutions.
265.149  Use of State-required mechanisms.
265.150  State assumption of responsibility.

               Subpart I--Use and Management of Containers

265.170  Applicability.
265.171  Condition of containers.
265.172  Compatibility of waste with container.
265.173  Management of containers.
265.174  Inspections.
265.175  [Reserved]
265.176  Special requirements for ignitable or reactive waste.
265.177  Special requirements for incompatible wastes.
265.178  Air emission standards.

                         Subpart J--Tank Systems

265.190  Applicability.
265.191  Assessment of existing tank system's integrity.
265.192  Design and installation of new tank systems or components.
265.193  Containment and detection of releases.
265.194  General operating requirements.
265.195  Inspections.
265.196  Response to leaks or spills and disposition of leaking or 
          unfit-for-use tank systems.
265.197  Closure and post-closure care.
265.198  Special requirements for ignitable or reactive wastes.
265.199  Special requirements for incompatible wastes.
265.200  Waste analysis and trial tests.
265.201  Special requirements for generators of between 100 and 1,000 
          kg/mo that accumulate hazardous waste in tanks.
265.202  Air emission standards.

                     Subpart K--Surface Impoundments

265.220  Applicability.
265.221  Design and operating requirements.
265.222  Action leakage rate.
265.223  Containment system.
265.223  Response actions.
265.224  [Reserved]
265.225  Waste analysis and trial tests.
265.226  Monitoring and inspection.
265.227  [Reserved]
265.228  Closure and post-closure care.
265.229  Special requirements for ignitable or reactive waste.
265.230  Special requirements for incompatible wastes.
265.231  Air emission standards.

                         Subpart L--Waste Piles

265.250  Applicability.
265.251  Protection from wind.
265.252  Waste analysis.
265.253  Containment.
265.254  Design and operating requirements.
265.255  Action leakage rates.
265.256  Special requirements for ignitable or reactive waste.
265.257  Special requirements for incompatible wastes.
265.258  Closure and post-closure care.
265.259  Response actions.
265.260  Monitoring and inspection.

                        Subpart M--Land Treatment

265.270  Applicability.
265.271  [Reserved]
265.272  General operating requirements.
265.273  Waste analysis.
265.274--265.275  [Reserved]
265.276  Food chain crops.
265.277  [Reserved]
265.278  Unsaturated zone (zone of aeration) monitoring.
265.279  Recordkeeping.
265.280  Closure and post-closure.

[[Page 349]]

265.281  Special requirements for ignitable or reactive waste.
265.282  Special requirements for incompatible wastes.

                          Subpart N--Landfills

265.300  Applicability.
265.301  Design and operating requirements.
265.302  Action leakage rate.
265.303  Response actions.
265.304  Monitoring and inspection.
265.305--265.308  [Reserved]
265.309  Surveying and recordkeeping.
265.310  Closure and post-closure care.
265.311  [Reserved]
265.312  Special requirements for ignitable or reactive waste.
265.313  Special requirements for incompatible wastes.
265.314  Special requirements for bulk and containerized liquids.
265.315  Special requirements for containers.
265.316  Disposal of small containers of hazardous waste in overpacked 
          drums (lab packs).

                         Subpart O--Incinerators

265.340  Applicability.
265.341  Waste analysis.
265.342--265.344  [Reserved]
265.345  General operating requirements.
265.346  [Reserved]
265.347  Monitoring and inspections.
265.348--265.350  [Reserved]
265.351  Closure.
265.352  Interim status incinerators burning particular hazardous 
          wastes.
265.353--265.369  [Reserved]

                      Subpart P--Thermal Treatment

265.370  Other thermal treatment.
265.371--265.372  [Reserved]
265.373  General operating requirements.
265.374  [Reserved]
265.375  Waste analysis.
265.376  [Reserved]
265.377  Monitoring and inspections.
265.378--265.380  [Reserved]
265.381  Closure.
265.382  Open burning; waste explosives.
265.383  Interim status thermal treatment devices burning particular 
          hazardous waste.

         Subpart Q--Chemical, Physical, and Biological Treatment

265.400  Applicability.
265.401  General operating requirements.
265.402  Waste analysis and trial tests.
265.403  Inspections.
265.404  Closure.
265.405  Special requirements for ignitable or reactive waste.
265.406  Special requirements for incompatible wastes.

                    Subpart R--Underground Injection

265.430  Applicability.

                        Subparts S--V  [Reserved]

                          Subpart W--Drip Pads

265.440  Applicability.
265.441  Assessment of existing drip pad integrity.
265.442  Design and installation of new drip pads.
265.443  Design and operating requirements.
265.444  Inspections.
265.445  Closure.

                        Subparts X--Z  [Reserved]

          Subpart AA--Air Emission Standards for Process Vents

265.1030  Applicability.
265.1031  Definitions.
265.1032  Standards: Process vents.
265.1033  Standards: Closed-vent systems and control devices.
265.1034  Test methods and procedures.
265.1035  Recordkeeping requirements.
265.1036--265.1049  [Reserved]

         Subpart BB--Air Emission Standards for Equipment Leaks

265.1050  Applicability.
265.1051  Definitions.
265.1052  Standards: Pumps in light liquid service.
265.1053  Standards: Compressors.
265.1054  Standards: Pressure relief devices in gas/vapor service.
265.1055  Standards: Sampling connecting systems.
265.1056  Standards: Open-ended valves or lines.
265.1057  Standards: Valves in gas/vapor service or in light liquid 
          service.
265.1058  Standards: Pumps and valves in heavy liquid service, pressure 
          relief devices in light liquid or heavy liquid service, and 
          flanges and other connectors.
265.1059  Standards: Delay of repair.
265.1060  Standards: Closed-vent systems and control devices.
265.1061  Alternative standards for valves in gas/vapor service or in 
          light liquid service: percentage of valves allowed to leak.
265.1062  Alternative standards for valves in gas/vapor service or in 
          light liquid service: skip period leak detection and repair.
265.1063  Test methods and procedures.
265.1064  Recordkeeping requirements.
265.1065--265.1079  [Reserved]

[[Page 350]]

Subpart CC--Air Emission Standards for Tanks, Surface Impoundments, and 
                               Containers

265.1080  Applicability.
265.1081  Definitions.
265.1082  Schedule for implementation of air emission standards.
265.1083  Standards: General.
265.1084  Waste determination procedures.
265.1085  Standards: Tanks.
265.1086  Standards: Surface impoundments.
265.1087  Standards: Containers.
265.1088  Standards: Closed-vent systems and control devices.
265.1089  Inspection and monitoring requirements.
265.1090  Recordkeeping requirements.
265.1091  Alternative tank emission control requirements.

                    Subpart DD--Containment Buildings

265.1100  Applicability.
265.1101  Design and operating standards.
265.1102  Closure and post-closure care.
265.1103--265.1110  [Reserved]

                         Appendices to Part 265

Appendix I--Recordkeeping Instructions
Appendix II--[Reserved]
Appendix III--EPA Interim Primary Drinking Water Standards
Appendix IV--Tests for Significance
Appendix V--Examples of Potentially Incompatible Waste

    Authority: 42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925, 6935, 
6936, and 6937, unless otherwise noted.

    Source: 45 FR 33232, May 19, 1980, unless otherwise noted.



                           Subpart A--General



Sec. 265.1  Purpose, scope, and applicability.

    (a) The purpose of this part 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 Sec. 265.1080(b), the standards of this 
part, and of 40 CFR 264.552 and 40 CFR 264.553, 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 Sec. 270.10 of this chapter until either a 
permit is issued under section 3005 of RCRA or until applicable part 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 40 CFR 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 regulations, except as specifically 
provided otherwise in this part or part 261 of this chapter.

[Comment: As stated in section 3005(a) of RCRA, after the effective date 
of regulations under that section (i.e., parts 270 and 124 of this 
chapter), 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 part do not apply to:
    (1) A person disposing of hazardous waste by means of ocean disposal 
subject to a permit issued under the Marine Protection, Research, and 
Sanctuaries Act;

[Comment: These part 265 regulations 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 part 264 
of this chapter to the extent they are included in a permit by rule 
granted to such a person under part 122 of this chapter, or are required 
by Sec. 144.14 of this chapter.]

    (4) A person who treats, stores, or disposes of hazardous waste in a 
State with a RCRA hazardous waste program authorized under subpart A or 
B of part 271 of this chapter, except that the requirements of this part 
will continue to apply:

[[Page 351]]

    (i) As stated in paragraph (c)(2) of this section, if the authorized 
State RCRA program does not cover disposal of hazardous waste by means 
of underground injection; or
    (ii) To a person who treats, stores, or disposes of hazardous waste 
in a State authorized under subpart A or B of part 271 of this chapter 
if the State has not been authorized to carry out the requirements and 
prohibitions applicable to the treatment, storage, or disposal of 
hazardous waste at his facility which are imposed pursuant to the 
Hazardous and Solid Waste Act Amendments of 1984. The requirements and 
prohibitions that are applicable until a State receives authorization to 
carry them out include all Federal program requirements identified in 
Sec. 271.1(j);
    (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 regulation under this part by Sec. 261.5 of this chapter;
    (6) The owner or operator of a facility managing recyclable 
materials described in Sec. 261.6 (a)(2), (3), and (4) of this chapter 
(except to the extent they are referred to in part 279 or subparts C, D, 
F, or G of part 266 of this chapter).
    (7) A generator accumulating waste on-site in compliance with 
Sec. 262.34 of this chapter, except to the extent the requirements are 
included in Sec. 262.34 of this chapter;
    (8) A farmer disposing of waste pesticides from his own use in 
compliance with Sec. 262.70 of this chapter; or
    (9) The owner or operator of a totally enclosed treatment facility, 
as defined in Sec. 260.10.
    (10) The owner or operator of an elementary neutralization unit or a 
wastewater treatment unit as defined in Sec. 260.10 of this chapter, 
provided that if the owner or operator is diluting hazardous ignitable 
(D001) wastes (other than the D001 High TOC Subcategory defined in 
Sec. 268.40 of this chapter, 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 Sec. 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.
    (ii) An owner or operator of a facility otherwise regulated by this 
part must comply with all applicable requirements of subparts 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 part and parts 122 through 124 of 
this chapter for those activities.
    (12) A transporter storing manifested shipments of hazardous waste 
in containers meeting the requirements of 40 CFR 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 Sec. 260.10 of this chapter) 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 Secs. 265.17(b), 
265.171, and 265.172 are complied with.
    (14) Universal waste handlers and universal waste transporters (as 
defined in 40 CFR 260.10) handling the wastes listed below. These 
handlers are subject to regulation under 40 CFR part 273, when handling 
the below listed universal wastes.
    (i) Batteries as described in 40 CFR 273.2;
    (ii) Pesticides as described in 40 CFR 273.3; and
    (iii) Thermostats as described in 40 CFR 273.4.
    (d) The following hazardous wastes must not be managed at facilities 
subject to regulation under this part.

[[Page 352]]

    (1) EPA Hazardous Waste Nos. FO20, FO21, FO22, FO23, FO26, or FO27 
unless:
    (i) The wastewater treatment sludge is generated in a surface 
impoundment as part 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 Sec. 264.250(c) as well as all other applicable 
requirements of subpart L of this part;
    (iv) The waste is burned in incinerators that are certified pursuant 
to the standards and procedures in Sec. 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 Sec. 265.383.
    (e) The requirements of this part apply to owners or operators of 
all facilities which treat, store or dispose of hazardous waste referred 
to in 40 CFR part 268, and the 40 CFR part 268 standards are considered 
material conditions or requirements of the part 265 interim status 
standards.

[45 FR 33232, May 19, 1980]

    Editorial Note: For Federal Register citations affecting Sec. 265.1, 
see the List of CFR Sections Affected in the Finding Aids section of 
this volume.

    Effective Date Note: At 59 FR 62934, Dec. 6, 1994, in Sec. 265.1, 
paragraph (b) was amended by revising the first sentence. At 60 FR 
26828, May 19, 1995, the effective date was delayed to Dec. 6, 1995; at 
60 FR 56952, Nov. 13, 1995, the effective date was delayed to June 6, 
1996; and at 61 FR 28508, June 5, 1996, the effective date was further 
delayed to Oct. 6, 1996. For the convenience of the reader, the 
superseded material is set forth as follows:
Sec. 265.1  Purpose, scope, and applicability.

                                * * * * *

    (b) The standards of this part, and of 40 CFR 264.552 and 40 CFR 
264.553, 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 
Sec. 270.10 of this chapter until either a permit is issued under 
section 3005 of RCRA or until applicable part 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 40 CFR 270.10 (e) and (g). * * *

                                * * * * *

Secs. 265.2--265.3  [Reserved]



Sec. 265.4  Imminent hazard action.

    Notwithstanding any other provisions of these regulations, 
enforcement actions may be brought pursuant to section 7003 of RCRA.



                  Subpart B--General Facility Standards



Sec. 265.10  Applicability

    The regulations in this subpart apply to owners and operators of all 
hazardous waste facilities, except as Sec. 265.1 provides otherwise.



Sec. 265.11  Identification number.

     Every facility owner or operator must apply to EPA for an EPA 
identification number in accordance with the EPA notification procedures 
(45 FR 12746).



Sec. 265.12  Required notices.

    (a)(1) The owner or operator of a facility that has arranged to 
receive hazardous waste from a foreign source must notify the Regional 
Administrator in writing at least four weeks in advance of the date of 
the waste is expected to arrive at the facility. Notice of subsequent 
shipments of the same waste from the same foreign source is not 
required.
     (2) The owner or operator of a recovery facility that has arranged 
to receive hazardous waste subject to 40 CFR part 262, subpart H must 
provide a copy of the tracking document bearing all required signatures 
to the notifier, to the Office of Enforcement and Compliance Assurance, 
Office of Compliance, Enforcement Planning, Targeting and Data Division 
(2222A), Environmental Protection Agency, 401 M St., SW., Washington, DC 
20460 and to the competent authorities of all other concerned countries 
within three working days of receipt of the shipment. The original of 
the signed tracking document must be maintained at the facility for at 
least three years.

[[Page 353]]

    (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 part and part 270 of this 
chapter. (Also see Sec. 270.72 of this chapter.)

[Comment: An owner's or operator's failure to notify the new owner or 
operator of the requirements of this part in no way relieves the new 
owner or operator of his obligation to comply with all applicable 
requirements.]

[45 FR 33232, May 19, 1980, as amended at 48 FR 14295, Apr. 1, 1983; 50 
FR 4514, Jan. 31, 1985; 61 FR 16315, Apr. 12, 1996]

    Effective Date Note: At 61 FR 16315, Apr. 12, 1996, Sec. 265.12 was 
amended by redesignating (a) as (a)(1) and adding (a)(2), effective July 
11, 1996.



Sec. 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 
Sec. 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 part and part 268 
of this chapter.
    (2) The analysis may include data developed under part 261 of this 
chapter, 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 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) 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 40 CFR 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 Sec. 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 Sec. 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 part 261 
of this chapter; or
    (ii) An equivalent sampling method.

[Comment: See Sec. 260.20(c) 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;

[[Page 354]]

    (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 Secs. 265.200, 265.225, 265.252, 265.273, 
265.314, 265.341, 265.375, 265.402, 265.1034(d), 265.1063(d), 265.1084, 
and 268.7 of this chapter.
    (7) For surface impoundments exempted from land disposal 
restrictions under Sec. 268.4(a) of this chapter, 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 
Sec. 260.22 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 
Sec. 268.32 or RCRA section 3004(d); or
    (2) Such residues are prohibited from land disposal under 
Sec. 268.33(f).
    (8) For owners and operators seeking an exemption to the air 
emission standards of Subpart CC of this part in accordance with 
Sec. 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.

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 50 
FR 18374, Apr. 30, 1985; 51 FR 40638, Nov. 7, 1986; 52 FR 25788, July 8, 
1987; 54 FR 33396, Aug. 14, 1989; 55 FR 22685, June 1, 1990; 55 FR 
25506, June 21, 1990; 56 FR 19290, Apr. 26, 1991; 57 FR 8088, Mar. 6, 
1992; 57 FR 54461, Nov. 18, 1992; 59 FR 62935, Dec. 6, 1994; 61 FR 4913, 
Feb. 9, 1996]

    Effective Date Note: At 59 FR 62935, Dec. 6, 1994, in Sec. 265.13, 
paragraph (b)(6) was amended by adding ``265.1084'' after the phrase 
``as specified in Secs. 265.200, 265.225, 265.252, 265.273, 265.314, 
265.341, 265.375, 265.402, 265.1034(d), 265.1063(d),'' and (b)(8) was 
added. At 60 FR 26828, May 19, 1995, the effective date was delayed to 
Dec. 6, 1995; at 60 FR 56952, Nov. 13, 1995, the effective date was 
delayed to June 6, 1996; and at 61 FR 28508, June 5, 1996, the effective 
date was further delayed to Oct. 6, 1996.



Sec. 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 part.

[[Page 355]]

    (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 of 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 Sec. 265.117(b) for discussion of security requirements at 
disposal facilities during the post-closure care period.]



Sec. 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, 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 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 called 
for in Secs. 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, 265.1089, and 265.1091b 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

[[Page 356]]

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.

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 57 
FR 3491, Jan. 29, 1992; 59 FR 62935, Dec. 6, 1994]

    Effective Date Note: At 59 FR 62935, Dec. 6, 1994, in Sec. 265.15, 
paragraph (b)(4) was amended by removing the word ``and'' after the 
phrase ``frequencies called for in Secs. 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,,'' and adding ``265.1089 and 265.1091(b),'' after 
``265.1058''. At 60 FR 26828, May 19, 1995, the effective date was 
delayed to Dec. 6, 1995; at 60 FR 56952, Nov. 13, 1995, the effective 
date was delayed to June 6, 1996; and at 61 FR 28508, June 5, 1996, the 
effective date was further delayed to Oct. 6, 1996.



Sec. 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 part. 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.
    (b) Facility personnel must successfuly complete the program 
required in paragraph (a) of this section within six months after the 
effective date of these regulations 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 regulations 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

[[Page 357]]

training records may accompany personnel transferred within the same 
company.

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]



Sec. 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 part, 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.



Sec. 265.18

  Location standards.

    The placement of any hazardous waste in a salt dome, salt bed 
formation, underground mine or cave is prohibited, except for the 
Department of Energy Waste Isolation Pilot Project in New Mexico.

[50 FR 28749, July 15, 1985]



Sec. 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 Secs. 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 a 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

[[Page 358]]

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 Sec. 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 Secs. 264.221, 264.251, and 264.301 of 
this chapter.
    (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 Secs. 264.221(c)(1), 264.251(c)(1), and 
264.301(c)(1) of this chapter 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 Secs. 264.221(c)(1), 
264.254(c)(1), and 264.301(c)(1) of this chapter in the field.
    (d) Certification. The owner or operator of units subject to 
Sec. 265.19 must submit to the Regional Administrator 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 
Secs. 265.221(a), 265.254, or 265.301(a). The owner or operator may 
receive waste in the unit after 30 days from the Regional 
Administrator's receipt of the CQA certification unless the Regional 
Administrator 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 Regional Administrator upon request.

[57 FR 3491, Jan. 29, 1992]



                 Subpart C--Preparedness and Prevention



Sec. 265.30  Applicability.

    The regulations in this subpart apply to owners and operators of all 
hazardous waste facilities, except as Sec. 265.1 provides otherwise.



Sec. 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.



Sec. 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 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,

[[Page 359]]

or foam producing equipment, or automatic sprinklers, or water spray 
systems.



Sec. 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.



Sec. 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 Sec. 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 Sec. 265.32.



Sec. 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.
Sec. 265.36  [Reserved]



Sec. 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.



          Subpart D--Contingency Plan and Emergency Procedures



Sec. 265.50  Applicability.

    The regulations in this subpart apply to owners and operators of all 
hazardous waste facilities, except as Sec. 265.1 provides otherwise.



Sec. 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.

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]

[[Page 360]]



Sec. 265.52  Content of contingency plan.

    (a) The contingency plan must describe the actions facility 
personnel must take to comply with Secs. 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 
part 112 of this chapter, or part 1510 of chapter V, 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 part.
    (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 Sec. 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 
Sec. 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).

[45 FR 33232, May 19, 1980, as amended at 46 FR 27480, May 20, 1981; 50 
FR 4514, Jan. 31, 1985]



Sec. 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.

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]



Sec. 265.54  Amendment of contingency plan.

    The contingency plan must be reviewed, and immediately amended, if 
necessary, whenever:
    (a) Applicable regulations 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.

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]



Sec. 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

[[Page 361]]

commit the resources needed to carry out the contingency plan.

[Comment: The emergency coordinator's responsibilities are more fully 
spelled out in Sec. 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.]



Sec. 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 a real 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 (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:
    (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 Sec. 261.3(c) or (d) of this chapter, 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 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 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

[[Page 362]]

for its intended use before operations are resumed.
    (i) The owner or operator must notify the Regional Administrator, 
and appropriate State and local authorities, that the facility is in 
compliance with paragraph (h) of this section before operations are 
resumed in the affected area(s) of the facility.
    (j) 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 Regional Administrator. 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.

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]



        Subpart E--Manifest System, Recordkeeping, and Reporting



Sec. 265.70  Applicability.

    The regulations in this subpart apply to owners and operators of 
both on-site and off-site facilities, except as Sec. 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.



Sec. 265.71  Use of 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 Sec. 265.72(a)) on each copy of the manifest;

[Comment: The Agency does not intend that the owner or operator of a 
facility whose procedures under Sec. 265.13(c) include waste analysis 
must perform that analysis before signing the manifest and giving it to 
the transporter. Section 265.72(b), however, requires reporting an 
unreconciled discrepancy discovered during later analysis.]

    (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; and
    (5) Retain at the facility a copy of each manifest for at least 
three years from the date of delivery.
    (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 
Sec. 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 Agency does not intend that the owner or operator of a 
facility whose procedures under Sec. 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; however, if the manifest has not been 
received within 30 days after delivery, the owner

[[Page 363]]

or operator, or his agent, must send a copy of the shipping paper signed 
and dated to the generator; and

[Comment: Section 262.23(c) of this chapter 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 part 262 of this chapter.

[Comment: The provisions of Sec. 262.34 are applicable to the on-site 
accumulation of hazardous wastes by generators. Therefore, the 
provisions of Sec. 262.34 only apply to owners or operators who are 
shipping hazardous waste which they generated at that facility.]
    (d) Within three working days of the receipt of a shipment subject 
to 40 CFR part 262, subpart H, the owner or operator of facility must 
provide a copy of the tracking document bearing all required signatures 
to the notifier, to the Office of Enforcement and Compliance Assurance, 
Office of Compliance, Enforcement Planning, Targeting and Data Division 
(2222A), Environmental Protection Agency, 401 M St., SW., Washington, DC 
20460, and to competent authorities of all other concerned countries. 
The original copy of the tracking document must be maintained at the 
facility for at least three years from the date of signature.

[45 FR 33232, May 19, 1980, as amended at 45 FR 86970, 86974, Dec. 31, 
1980; 50 FR 4514, Jan. 31, 1985; 61 FR 16315, Apr. 12, 1996]

    Effective Date Note: At 61 FR 16315, Apr. 12, 1996, Sec. 265.71(d) 
was added, effective July 11, 1996.



Sec. 265.72  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 Regional 
Administrator a letter describing the discrepancy and attempts to 
reconcile it, and a copy of the manifest or shipping paper at issue.

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]



Sec. 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 until closure of the 
facility:
    (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;
    (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;

[Comment: See Secs. 265.119, 265.279, and 265.309 for related 
requirements.]

    (3) Records and results of waste analysis, waste determinations, and 
trial tests performed as specified in Secs. 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 chapter.

[[Page 364]]

    (4) Summary reports and details of all incidents that require 
implementing the contingency plan as specified in Sec. 265.56(j);
    (5) Records and results of inspections as required by Sec. 265.15(d) 
(except these data need be kept only three years);
    (6) Monitoring, testing or analytical data when required by 
Secs. 265.19, 265.90, 265.94, 265.191, 265.193, 265.195, 265.222, 
265.223, 265.226, 265.255, 265.259, 265.260, 265.276, 265.278, 
265.280(d)(1), 265.302 through 265.304, 265.347, 265.377, 265.1034(c) 
through 265.1034(f), 265.1035, 265.1063(d) through 265.1063(i), 
265.1064, 265.1089, 265.1090, and 265.1091.

[Comment: As required by Sec. 265.94, monitoring data at disposal 
facilities must be kept throughout the post-closure period.]

    (7) All closure cost estimates under Sec. 265.142 and, for disposal 
facilities, all post-closure cost estimates under Sec. 265.144.
    (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 Sec. 268.5, monitoring data required pursuant to a petition 
under Sec. 268.6, or a certification under Sec. 268.8, and the 
applicable notice required by a generator under Sec. 268.7(a).
    (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 Sec. 268.7 or Sec. 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 Sec. 268.7 or Sec. 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 
Sec. 268.7 or Sec. 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 Sec. 268.7 or 
Sec. 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 Sec. 268.7 or Sec. 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 Sec. 268.7 or Sec. 268.8.

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 50 
FR 18374, Apr. 30, 1985; 51 FR 40638, Nov. 7, 1986; 53 FR 31211, Aug. 
17, 1988; 54 FR 26648, June 23, 1989; 55 FR 25507, June 21, 1990; 56 FR 
19290, Apr. 26, 1991; 57 FR 3492, Jan. 29, 1992; 59 FR 62935, Dec. 6, 
1994]

    Effective Date Note: At 59 FR 62935, Dec. 6, 1994, in Sec. 265.73, 
paragraphs (b)(3) and (b)(6) were revised. At 60 FR 26828, May 19, 1995, 
the effective date of that regulation was delayed to Dec. 6, 1995; at 60 
FR 56952, Nov. 13, 1995, the effective date was delayed to June 6, 1996; 
and at 61 FR 28508, June 5, 1996, the effective date was further delayed 
to Oct. 6, 1996. For the convenience of the reader, the superseded 
material is set forth as follows:

Sec. 265.73  Operating record.

                                * * * * *

    (b) * * *
    (3) Records and results of waste analyses and trial tests performed 
as specified in Secs. 265.13, 265.200, 265.225, 265.252, 265.273, 
265.314, 265.341, 265.375, 265.402, 265.1034, 265.1063, 268.4(a), and 
268.7 of this chapter.

                                * * * * *

    (6) Monitoring, testing, or analytical data, and corrective action 
where required by subpart F and Secs. 265.19, 265.90, 265.94, 265.191, 
265.193, 265.195, 265.222, 265.223, 265.226, 265.255, 265.259, 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)-264.1063(i), and 
265.1064.

                                * * * * *

[[Page 365]]



Sec. 265.74  Availability, retention, and disposition of records.

    (a) All records, including plans, required under this part must be 
furnished upon request, and made available at all reasonable times for 
inspection, by any officer, employee, or representative of EPA who is 
duly designated by the Administrator.
    (b) The retention period for all records required under this part is 
extended automatically during the course of any unresolved enforcement 
action regarding the facility or as requested by the Administrator.
    (c) A copy of records of waste disposal locations and quantities 
under Sec. 265.73(b)(2) must be submitted to the Regional Administrator 
and local land authority upon closure of the facility (see 
Sec. 265.119).

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]



Sec. 265.75  Biennial report.

    The owner or operator must prepare and submit a single copy of a 
biennial report to the Regional Administrator by March 1 of each even 
numbered year. The biennial report must be submitted on EPA Form 8700-
13B. The report must cover facility activities during the previous 
calendar year and must include the following information:
    (a) The EPA identification number, name, and address of the 
facility;
    (b) The calendar year covered by the report;
    (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;
    (e) The method of treatment, storage, or disposal for each hazardous 
waste;
    (f) Monitoring data under Sec. 265.94(a)(2)(ii) and (iii), and 
(b)(2), where required;
    (g) The most recent closure cost estimate under Sec. 265.142, and, 
for disposal facilities, the most recent post-closure cost estimate 
under Sec. 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) The certification signed by the owner or operator of the 
facility or his authorized representative.

[45 FR 33232, May 19, 1980, as amended at 48 FR 3982, Jan. 28, 1983; 50 
FR 4514, Jan. 31, 1985; 51 FR 28556, Aug. 8, 1986]



Sec. 265.76  Unmanifested waste report.

    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 
Sec. 263.20(e)(2) of this chapter, and if the waste is not excluded from 
the manifest requirement by Sec. 261.5 of this chapter, then the owner 
or operator must prepare and submit a single copy of a report to the 
Regional Administrator within fifteen days after receiving the waste. 
The unmanifested waste report must be submitted on EPA form 8700-13B. 
Such report must be designated `Unmanifested Waste Report' and include 
the following information:
    (a) The EPA identification number, name, and address of the 
facility;
    (b) The date the facility received the waste;
    (c) The EPA identification number, name, and address of the 
generator and the transporter, if available;
    (d) A description and the quantity of each unmanifested hazardous 
waste the facility received;
    (e) The method of treatment, storage, or disposal for each hazardous 
waste;
    (f) The certification signed by the owner or operator of the 
facility or his authorized representative; and

[[Page 366]]

    (g) A brief explanation of why the waste was unmanifested, if known.

[Comment: Small quantities of hazardous waste are excluded from 
regulation under this part and do not require a manifest. Where a 
facility receives unmanifested hazardous wastes, the Agency suggests 
that the owner or operator obtain from each generator a certification 
that the waste qualifies for exclusion. Otherwise, the Agency suggests 
that the owner or operator file an unmanifested waste report for the 
hazardous waste movement.]

[45 FR 33232, May 19, 1980, as amended at 48 FR 3982, Jan. 28, 1983; 50 
FR 4514, Jan. 31, 1985]



Sec. 265.77  Additional reports.

    In addition to submitting the biennial report and unmanifested waste 
reports described in Secs. 265.75 and 265.76, the owner or operator must 
also report to the Regional Administrator:
    (a) Releases, fires, and explosions as specified in Sec. 265.56(j);
    (b) Ground-water contamination and monitoring data as specified in 
Secs. 265.93 and 265.94; and
    (c) Facility closure as specified in Sec. 265.115.
    (d) As otherwise required by Subparts AA, BB, and CC of this part.

[45 FR 33232, May 19, 1980, as amended at 48 FR 3982, Jan. 28, 1983; 55 
FR 25507, June 21, 1990; 59 FR 62935, Dec. 6, 1994]

    Effective Date Note: At 59 FR 62935, Dec. 6, 1994, in Sec. 265.13, 
paragraph (d) was revised. At 60 FR 26828, May 19, 1995, the effective 
date was delayed to Dec. 6, 1995; at 60 FR 56952, Nov. 13, 1995, the 
effective date was delayed to June 6, 1996; and at 61 FR 28508, June 5, 
1996, the effective date was further delayed to Oct. 6, 1996. For the 
convenience of the reader, the superseded material is set forth as 
follows:
Sec. 265.77  Additional reports.

                                * * * * *

    (d) As otherwise required by subparts AA and BB.



                   Subpart F--Ground-Water Monitoring



Sec. 265.90  Applicability.

    (a) Within one year after the effective date of these regulations, 
the owner or operator of a surface impoundment, 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 Sec. 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 
Sec. 265.91, and must comply with Secs. 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 ground-water monitoring requirements of this 
subpart 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 ground-water flow); and
    (ii) The proximity of the facility to water supply wells or surface 
water.

[[Page 367]]

    (d) If an owner or operator assumes (or knows) that ground-water 
monitoring of indicator parameters in accordance with Secs. 265.91 and 
265.92 would show statistically significant increases (or decreases in 
the case of pH) when evaluated under Sec. 265.93(b), he may, install, 
operate, and maintain an alternate ground-water monitoring system (other 
than the one described in Secs. 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 regulations, 
submit to the Regional Administrator a specific plan, certified by a 
qualified geologist or geotechnical engineer, which satisfies the 
requirements of Sec. 265.93(d)(3), for an alternate ground-water 
monitoring system;
    (2) Not later than one year after the effective date of these 
regulations, initiate the determinations specified in Sec. 265.93(d)(4);
    (3) Prepare and submit a written report in accordance with 
Sec. 265.93(d)(5);
    (4) Continue to make the determinations specified in 
Sec. 265.93(d)(4) on a quarterly basis until final closure of the 
facility; and
    (5) Comply with the recordkeeping and reporting requirements in 
Sec. 265.94(b).
    (e) The ground-water monitoring requirements of this subpart 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 Sec. 261.22 of this chapter or are 
listed as hazardous wastes in subpart D of part 261 of this chapter 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.

[45 FR 33232, May 19, 1980, as amended at 47 FR 1255, Jan. 11, 1982; 50 
FR 4514, Jan. 31, 1985]



Sec. 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.

[[Page 368]]

    (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.

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 56 
FR 66369, Dec. 23, 1991]



Sec. 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 
Sec. 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

[[Page 369]]

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.

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]



Sec. 265.93  Preparation, evaluation, and response.

    (a) Within one year after the effective date of these regulations, 
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 Secs. 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 Sec. 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 Sec. 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 Sec. 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 Regional Administrator--
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 and submit to the 
Regional Administrator 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 program at the facility.
     (3) The plan to be submitted under Sec. 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, 
within 15 days after that determination, submit

[[Page 370]]

to the Regional Administrator a written report containing an assessment 
of the ground-water quality.
    (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 Sec. 265.92 and paragraph (b) of this section. If 
the owner or operator reinstates the indicator evaluation program, he 
must so notify the Regional Administrator 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 subpart, any ground-
water quality assessment to satisfy the requirements of 
Sec. 265.93(d)(4) which is initiated prior to final closure of the 
facility must be completed and reported in accordance with 
Sec. 265.93(d)(5).
    (f) Unless the ground water is monitored to satisfy the requirements 
of Sec. 265.93(d)(4), at least annually the owner or operator must 
evaluate the data on ground-water surface elevations obtained under 
Sec. 265.92(e) to determine whether the requirements under 
Sec. 265.91(a) for locating the monitoring wells continues to be 
satisfied. If the evaluation shows that Sec. 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.

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]



Sec. 265.94  Recordkeeping and reporting.

    (a) Unless the ground water is monitored to satisfy the requirements 
of Sec. 265.93(d)(4), the owner or operator must:
    (1) Keep records of the analyses required in Sec. 265.92(c) and (d), 
the associated ground-water surface elevations required in 
Sec. 265.92(e), and the evaluations required in Sec. 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 
Regional Administrator:
    (i) During the first year when initial background concentrations are 
being established for the facility: concentrations or values of the 
parameters listed in Sec. 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 
Sec. 265.92(b)(3) for each ground-water monitoring well, along with the 
required evaluations for these parameters under Sec. 265.93(b). The 
owner or operator must separately identify any significant differences 
from initial background found in the upgradient wells, in accordance 
with Sec. 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 Sec. 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 
Sec. 265.93(d)(4), the owner or operator must:

[[Page 371]]

    (1) Keep records of the analyses and evaluations specified in the 
plan, which satisfies the requirements of Sec. 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 
Regional Administrator 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.

[45 FR 33232, May 19, 1980, as amended at 48 FR 3982, Jan. 28, 1983; 50 
FR 4514, Jan. 31, 1985]



                   Subpart G--Closure and Post-Closure

    Source: 51 FR 16451, May 2, 1986, unless otherwise noted.



Sec. 265.110  Applicability.

    Except as Sec. 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;
    (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 Sec. 265.228 or 
Sec. 265.258;
    (3) Tank systems that are required under Sec. 265.197 to meet 
requirements for landfills; and
    (4) Containment building that are required under Sec. 265.1102 to 
meet the requirement for landfills.

[51 FR 16451, May 2, 1986, as amended at 51 FR 25479, July 14, 1986; 53 
FR 34086, Sept. 2, 1988; 57 FR 37267, Aug. 18, 1992]



Sec. 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 subpart, 
including, but not limited to, the requirements of Secs. 265.197, 
265.228, 265.258, 265.280, 265.310, 265.351, 265.381, 265.404, and 
264.1102.

[51 FR 16451, May 2, 1986, as amended at 57 FR 37267, Aug. 18, 1992]



Sec. 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 Sec. 265.115, a copy of the 
most current plan must be furnished to the Regional Administrator 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 
Agency who is duly designated by the Administrator.
    (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 Sec. 265.111; and
    (2) A description of how final closure of the facility will be 
conducted in accordance with Sec. 265.111. The description must identify 
the maximum extent of the operation which will be unclosed during the 
active life of the facility; and

[[Page 372]]

    (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 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.); and
    (7) An estimate of the expected year of final closure for facilities 
that use trust funds to demonstrate financial assurance under 
Sec. 265.143 or Sec. 265.145 and whose remaining operating life is less 
than twenty years, and for facilities without approved closure plans.
    (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 Regional Administrator 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 Regional 
Administrator.
    (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.
    (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 Sec. 265.310.
    (3) An owner or operator with an approved closure plan must submit 
the modified plan to the Regional Administrator 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 Sec. 265.310. If the 
amendment to the plan is a Class 2 or 3 modification according to the 
criteria in Sec. 270.42, the

[[Page 373]]

modification to the plan will be approved according to the procedures in 
Sec. 265.112(d)(4).
    (4) The Regional Administrator 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 Regional Administrator, 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 Sec. 270.42, the modification to the plan 
will be approved in accordance with the procedures in 
Sec. 265.112(d)(4).
    (d) Notification of partial closure and final closure. (1) The owner 
or operator must submit the closure plan to the Regional Administrator 
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 
Regional Administrator 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 
Regional Administrator 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 Regional Administrator in writing at least 60 days 
prior to the date on which he expects to begin closure of a surface 
impoundment, 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 Regional Administrator 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 Regional Administrator 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 Regional Administrator 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 Regional 
Administrator may approve an extension to this one-year limit; or
    (ii) For units meeting the requirements of Sec. 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 Regional 
Administrator 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 Regional Administrator may approve an extension to 
this one-year limit.
    (3) The owner or operator must submit his closure plan to the 
Regional Administrator 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

[[Page 374]]

to cease receiving hazardous wastes or close.
    (4) The Regional Administrator 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 Regional Administrator 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 Regional Administrator will approve, modify, or disapprove the plan 
within 90 days of its receipt. If the Regional Administrator 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 Regional Administrator will 
approve or modify this plan in writing within 60 days. If the Regional 
Administrator modifies the plan, this modified plan becomes the approved 
closure plan. The Regional Administrator must assure that the approved 
plan is consistent with Secs.  with 265.111 through 265.115 and the 
applicable requirements of subpart F of this part, Secs. 265.197, 
265.228, 265.258, 265.280, 265.310, 265.351, 265.381, 265.404, and 
264.1102. 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.

[51 FR 16451, May 2, 1986, as amended at 54 FR 37935, Sept. 28, 1988; 56 
FR 7207, Feb. 21, 1991; 56 FR 42512, Aug. 27, 1991; 57 FR 37267, Aug. 
18, 1992]



Sec. 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 Regional Administrator 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

[[Page 375]]

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 
Regional Administrator may approve an extenstion 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 Regional Administrator 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 Sec. 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 
Regional Administrator 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

[[Page 376]]

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 Regional 
Administrator 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 oonstituents over background 
levels is detected in accordance with the requirements in subpart F of 
this part, 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 Regional Administrator 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 semi-annual reports to the Regional Administrator 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 Regional Administrator 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 Regional 
Administrator 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 Regional Administrator receives no written comments, 
the decision will become final five days after the close of the comment 
period. The Regional Administrator 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

[[Page 377]]

deadlines in paragraphs (a) and (b) of this section.
    (iv) If the Regional Administrator 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 Regional Administrator 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 Regional Administrator 
under paragraphs (e)(7) (iii) and (iv) of this section are not subject 
to administrative appeal.

[51 FR 16451, May 2, 1986, as amended at 54 FR 33396, Aug. 14, 1989; 56 
FR 42512, Aug. 27, 1991]



Sec. 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 Secs. 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 part 
262 of this chapter.

[51 FR 16451, May 2, 1986, as amended at 53 FR 34086, Sept. 2, 1988]



Sec. 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 Regional Administrator, 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 registered professional engineer. 
Documentation supporting the independent registered professional 
engineer's certification must be furnished to the Regional Administrator 
upon request until he releases the owner or operator from the financial 
assurance requirements for closure under Sec. 265.143(h).



Sec. 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 Regional Administrator, 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 subpart G regulations.



Sec. 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 Secs. 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 
subparts F, K, L, M, and N of this part; and
    (ii) Maintenance and monitoring of waste containment systems in 
accordance with the requirements of subparts F, K, L, M, and N of this 
part.
    (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 Regional Administrator may:

[[Page 378]]

    (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 Regional Administator may require, at partial and final 
closure, continuation of any of the security requirements of Sec. 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 Regional Administrator 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 
Sec. 265.118.



Sec. 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 Regional Administrator within 90 days of the date 
that the owner or operator or Regional Administrator determines that the 
hazardous waste management unit or facility must be closed as a 
landfill, subject to the requirements of Secs. 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 Regional Administrator 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 Agency who is duly designated by the 
Administrator. After final closure has been certified, the person or 
office specified in Sec. 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 subparts F, 
K, L, M, and N of this part 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 subparts K, L, M, and N 
of this part; and
    (ii) The function of the monitoring equipment in accordance with the 
requirements of subparts F, K, L, M, and N of this part; 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.

[[Page 379]]

    (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 Regional 
Administrator 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 Regional Administrator.
    (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.
    (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 Regional Administrator 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 Sec. 265.228(b) or Sec. 265.258(a) is required to 
close as a landfill in accordance with Sec. 265.310, the owner or 
operator must submit a post-closure plan within 90 days of the 
determination by the owner or operator or Regional Administrator 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 
Sec. 270.42, the modification to the plan will be approved according to 
the procedures in Sec. 265.118(f).
    (4) The Regional Administrator 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 Regional 
Administrator. If the amendment to the plan is considered a Class 2 or 3 
modification according to the criteria in Sec. 270.42, the modifications 
to the post-closure plan will be approved in accordance with the 
procedures in Sec. 265.118(f). If the Regional Administrator 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 Regional Administrator 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 Regional Administrator 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 Regional Administrator 
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 Regional Administrator 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

[[Page 380]]

might clarify one or more issues concerning a post-closure plan. The 
Regional Administrator 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 Regional 
Administrator will approve, modify, or disapprove the plan within 90 
days of its receipt. If the Regional Administrator 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 Regional Administrator will 
approve or modify this plan in writing within 60 days. If the Regional 
Administrator modifies the plan, this modified plan becomes the approved 
post-closure plan. The Regional Administrator must ensure that the 
approved post-closure plan is consistent with Secs. 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 Regional Administrator 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 Regional 
Administrator only when they present new and relevant information not 
previously considered by the Regional Administrator. Whenever the 
Regional Administrator 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 Regional Administrator 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 Regional Administrator denies the petition, he will 
send the petitioner a brief written response giving a reason for the 
denial.
    (2) The Regional Administrator 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 Regional Administrator 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

[[Page 381]]

(g)(1)(ii) of this section. After considering the comments, he will 
issue a final determination.
    (ii) The Regional Administrator 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 Regional Administrator 
would then determine whether the requirement(s) should be permanently 
discontinued or reinstated to prevent threats to human health and the 
environment.

[51 FR 16451, May 2, 1986, as amended at 53 FR 37935, Sept. 28, 1988]



Sec. 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 Regional Administrator, 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 40 CFR subpart G regulations; 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 Secs. 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 Regional 
Administrator; 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 
Regional Administrator.
    (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 Sec. 265.118(g). The owner or operator must demonstrate 
that the removal of hazardous wastes will satisfy the criteria of 
Sec. 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 chapter. If the owner or 
operator is granted approval to conduct the removal activities, the 
owner or operator may request that the Regional Administrator 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.



Sec. 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 Regional Administrator, 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

[[Page 382]]

independent registered professional engineer. Documentation supporting 
the independent registered professional engineer's certification must be 
furnished to the Regional Administrator upon request until he releases 
the owner or operator from the financial assurance requirements for 
post-closure care under Sec. 265.145(h).



                    Subpart H--Financial Requirements

    Source: 47 FR 15064, Apr. 7, 1982, unless otherwise noted.



Sec. 265.140  Applicability.

    (a) The requirements of Secs. 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 Sec. 265.1.
    (b) The requirements of Secs. 265.144 and 265.146 apply only to 
owners and operators of:
    (1) Disposal facilities;
    (2) Tank systems that are required under Sec. 264.197 of this 
chapter to meet the requirements for landfills; and
    (3) Containment buildings that are required under Sec. 265.1102 to 
meet the requirements for landfills.
    (c) States and the Federal government are exempt from the 
requirements of this subpart.

[47 FR 15064, Apr. 7, 1982, as amended at 51 FR 16455, May 2, 1986; 51 
FR 25479, July 14, 1986; 57 FR 37267, Aug. 18, 1992]



Sec. 265.141  Definitions of terms as used in this subpart.

    (a) Closure plan means the plan for closure prepared in accordance 
with the requirements of Sec. 265.112.
    (b) Current closure cost estimate means the most recent of the 
estimates prepared in accordance with Sec. 265.142 (a), (b), and (c).
    (c) Current post-closure cost estimate means the most recent of the 
estimates prepared in accordance with Sec. 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 Secs. 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 
regulations 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 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 Sec. 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

[[Page 383]]

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 Agency 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 regulations 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 applicable EPA Regional Administrator.

[47 FR 16558, Apr. 16, 1982, as amended at 51 FR 16456, May 2, 1986; 53 
FR 33959, Sept. 1, 1988]



Sec. 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 Secs. 265.111 through 265.115 and applicable closure 
requirements in Secs. 265.178, 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 Sec. 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 Sec. 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 Sec. 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 
Sec. 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 Sec. 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 Regional Administrator as specified in Sec. 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

[[Page 384]]

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 
Regional Administrator 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 Sec. 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 Secs. 265.142 (a) and (c) and, when 
this estimate has been adjusted in accordance with Sec. 265.142(b), the 
latest adjusted closure cost estimate.

[47 FR 15064, Apr. 7, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 51 
FR 16456, May 2, 1986; 54 FR 33397, Aug. 14, 1989; 57 FR 37267, Aug. 18, 
1992]



Sec. 265.143  Financial assurance for closure.

    By the effective date of these regulations, 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 Regional 
Administrator. 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 Sec. 264.151(a)(1), and the trust agreement must be 
accompanied by a formal certification of acknowledgment (for example, 
see Sec. 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 
regulations 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 
regulations, 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 Sec. 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:
[GRAPHIC] [TIFF OMITTED] TC01AU92.050

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.

[[Page 385]]

    (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 Regional Administrator 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 Regional Administrator 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 Regional Administrator will instruct the trustee to 
release to the owner or operator such funds as the Regional 
Administrator 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 Regional Administrator. 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 Regional Administrator will instruct the trustee to make 
reimbursements in those amounts as the Regional Administrator specifies 
in writing, if the Regional Administrator determines that the partial or 
final closure expenditures are in accordance with the approved closure 
plan, or otherwise justified. If the Regional Administrator 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 Sec. 265.143(h) that the owner 
or operator is no longer required to maintain financial assurance for 
final closure of the facility. If the Regional Administrator 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 Regional Administrator 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 Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 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 Regional Administrator. 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 Sec. 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

[[Page 386]]

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 Regional Administrator. This standby trust fund 
must meet the requirements specified in Sec. 265.143(a), except that:
    (i) An originally signed duplicate of the trust agreement must be 
submitted to the Regional Administrator 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 
regulations:
    (A) Payments into the trust fund as specified in Sec. 265.143(a);
    (B) Updating of Schedule A of the trust agreement (see 
Sec. 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 Regional Administrator 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 Regional Administrator's written approval of the 
assurance provided, within 90 days after receipt by both the owner or 
operator and the Regional Administrator 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 
Sec. 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 Regional Administrator, 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 Regional Administrator.
    (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 Regional Administrator. 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 Regional 
Administrator, as evidenced by the return receipts.
    (9) The owner or operator may cancel the bond if the Regional 
Administrator 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 Regional Administrator. 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 Sec. 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 Regional Administrator will be deposited by the issuing 
institution directly into the standby trust fund in accordance with 
instructions from the

[[Page 387]]

Regional Administrator. This standby trust fund must meet the 
requirements of the trust fund specified in Sec. 265.143(a), except 
that:
    (i) An originally signed duplicate of the trust agreement must be 
submitted to the Regional Administrator 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 
regulations:
    (A) Payments into the trust fund as specified in Sec. 265.143(a);
    (B) Updating of Schedule A of the trust agreement (see 
Sec. 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 Regional 
Administrator 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 Regional 
Administrator 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 
Sec. 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 Regional 
Administrator, 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 Regional Administrator.
    (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 Regional Administrator 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 Regional Administrator within 90 days 
after receipt by both the owner or operator and the Regional 
Administrator of a notice from the issuing institution that it has 
decided not to extend the letter of credit beyond the current expiration 
date, the Regional Administrator will draw on the letter of credit. The 
Regional Administrator 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 Regional Administrator 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 Regional Administrator.
    (10) The Regional Administrator 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 Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 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

[[Page 388]]

the Regional Administrator. By the effective date of these regulations 
the owner or operator must submit to the Regional Administrator 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 
regulations, the owner or operator must submit the certificate of 
insurance to the Regional Administrator 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 Sec. 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 
Sec. 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 Regional 
Administrator, to such party or parties as the Regional Administrator 
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 Regional Administrator. 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 Regional Administrator will instruct the 
insurer to make reimbursements in such amounts as the Regional 
Administrator specifies in writing if the Regional Administrator 
determines that the partial or final closure expenditures are in 
accordance with the approved closure plan or otherwise justified. If the 
Regional Administrator 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 Sec. 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 Regional Administrator 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 Regional Administrator 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 regulations, warranting such 
remedy as the Regional Administrator deems necessary. Such violation 
will be deemed to begin upon receipt by the Regional Administrator 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

[[Page 389]]

certified mail to the owner or operator and the Regional Administrator. 
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 Regional Administrator 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 Regional Administrator deems the facility abandoned; or
    (ii) Interim status is terminated or revoked; or
    (iii) Closure is ordered by the Regional Administrator 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 
Regional Administrator, 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 Regional 
Administrator.
    (10) The Regional Administrator 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 Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 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 (Sec. 264.151(f)). The phrase 
``current plugging and abandonment cost estimates'' as used in paragraph 
(e)(1) of this section refers to the cost

[[Page 390]]

estimates required to be shown in paragraphs 1-4 of the letter from the 
owner's or operator's chief financial officer (Sec. 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 Regional Administrator:
    (i) A letter signed by the owner's or operator's chief financial 
officer and worded as specified in Sec. 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.
    (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 regulations 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 regulations, a letter to the 
Regional Administrator 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 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 regulations;
    (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 Regional Administrator 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 Regional 
Administrator 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 Regional Administrator 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 Regional Administrator 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.

[[Page 391]]

    (8) The Regional Administrator 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 Regional Administrator 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 Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 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 Sec. 264.151(h). 
A certified copy of the guarantee must accompany the items sent to the 
Regional Administrator 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 Sec. 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 Regional Administrator. 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 Regional 
Administrator, 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 Regional Administrator within 90 
days after receipt by both the owner or operator and the Regional 
Administrator 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 Regional Administrator may use any or 
all of the 

[[Page 392]]

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 Regional 
Administrator 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 
Regional Administrator 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 registered professional engineer that final 
closure has been completed in accordance with the approved closure plan, 
the Regional Administrator 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 Regional 
Administrator has reason to believe that final closure has not been in 
accordance with the approved closure plan. The Regional Administrator 
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.

[47 FR 15064, Apr. 7, 1982, as amended at 51 FR 16456, May 2, 1986; 57 
FR 42843, Sept. 16, 1992]



Sec. 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 regulations in Secs. 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 Sec. 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 Sec. 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 Sec. 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 Regional Administrator as specified in 
Sec. 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 Sec. 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

[[Page 393]]

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 Regional Administrator 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 Sec. 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 Sec. 265.144 (a) and (c) and, when 
this estimate has been adjusted in accordance with Sec. 265.144(b), the 
latest adjusted post-closure cost estimate.

[47 FR 15064, Apr. 7, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 51 
FR 16457, May 2, 1986]



Sec. 265.145  Financial assurance for post-closure care.

    By the effective date of these regulations, 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 Regional 
Administrator. 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 Sec. 264.151(a)(1), and the trust agreement must be 
accompanied by a formal certification of acknowledgment (for example, 
see Sec. 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 
regulations 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 
regulations, 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 Sec. 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:
[GRAPHIC] [TIFF OMITTED] TC01AU92.050

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.

[[Page 394]]

    (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 
Regional Administrator 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 Regional Administrator 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 Regional Administrator will instruct the trustee to 
release to the owner or operator such funds as the Regional 
Administrator specifies in writing.
    (10) During the period of post-closure care, the Regional 
Administrator may approve a release of funds if the owner or operator 
demonstrates to the Regional Administrator 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 Regional Administrator. 
Within 60 days after receiving bills for post-closure care activities, 
the Regional Administrator will instruct the trustee to make 
reimbursements in those amounts as the Regional Administrator specifies 
in writing, if the Regional Administrator determines that the post-
closure expenditures are in accordance with the approved post-closure 
plan or otherwise justified. If the Regional Administrator 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 Regional Administrator 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 Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 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 Regional Administrator. 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 Sec. 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 Regional Administrator. This 
standby trust fund must meet the requirements specified in 
Sec. 265.145(a), except that:
    (i) An originally signed duplicate of the trust agreement must be 
submitted to the Regional Administrator 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 
regulations:
    (A) Payments into the trust fund as specified in Sec. 265.145(a);
    (B) Updating of Schedule A of the trust agreement (see 
Sec. 264.151(a)) to

[[Page 395]]

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 Regional Administrator 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 Regional Administrator's written approval of the 
assurance provided, within 90 days after receipt by both the owner or 
operator and the Regional Administrator 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 
Sec. 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 Regional Administrator, 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 Regional Administrator.
    (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 Regional Administrator. 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 Regional 
Administrator, as evidenced by the return receipts.
    (9) The owner or operator may cancel the bond if the Regional 
Administrator 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 Regional Administrator. 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 Sec. 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 Regional Administrator will be deposited by the issuing 
institution directly into the standby trust fund in accordance with 
instructions from the Regional Administrator. This standby trust fund 
must meet the requirements of the trust fund specified in 
Sec. 265.145(a), except that:
    (i) An originally signed duplicate of the trust agreement must be 
submitted to the Regional Administrator 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 
regulations:
    (A) Payments into the trust fund as specified in Sec. 265.145(a);
    (B) Updating of Schedule A of the trust agreement (see 
Sec. 264.151(a)) to show current post-closure cost estimates;

[[Page 396]]

    (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 Regional 
Administrator 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 Regional 
Administrator 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 
Sec. 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 Regional Administrator, 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 Regional Administrator.
    (8) During the period of post-closure care, the Regional 
Administrator may approve a decrease in the amount of the letter of 
credit if the owner or operator demonstrates to the Regional 
Administrator 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 Regional Administrator 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 Regional Administrator within 90 days 
after receipt by both the owner or operator and the Regional 
Administrator of a notice from the issuing institution that it has 
decided not to extend the letter of credit beyond the current expiration 
date, the Regional Administrator will draw on the letter of credit. The 
Regional Administrator 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 Regional Administrator 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 Regional Administrator.
    (11) The Regional Administrator 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 Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 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 Regional Administrator. By the 
effective date of these regulations the owner or operator must submit to 
the Regional Administrator a letter from an insurer stating that the 
insurer is considering issuance of post-

[[Page 397]]

closure insurance conforming to the requirements of this paragraph to 
the owner or operator. Within 90 days after the effective date of these 
regulations, the owner or operator must submit the certificate of 
insurance to the Regional Administrator 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 Sec. 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 Sec. 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 Regional Administrator, to such party or parties as the 
Regional Administrator 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 Regional Administrator. 
Within 60 days after receiving bills for post-closure care activities, 
the Regional Administrator will instruct the insurer to make 
reimbursements in those amounts as the Regional Administrator specifies 
in writing, if the Regional Administrator determines that the post-
closure expenditures are in accordance with the approved post-closure 
plan or otherwise justified. If the Regional Administrator 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 Regional Administrator 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 regulations, warranting such 
remedy as the Regional Administrator deems necessary. Such violation 
will be deemed to begin upon receipt by the Regional Administrator 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 most 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 Regional 
Administrator. 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 Regional Administrator 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 Regional Administrator deems the facility abandoned; or
    (ii) Interim status is terminated or revoked; or
    (iii) Closure is ordered by the Regional Administrator or a U.S. 
district court or other court of competent jurisdiction; or

[[Page 398]]

    (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 Regional Administrator, 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 Regional Administrator.
    (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 Regional Administrator 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 Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 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 (Sec. 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 (Sec. 144.70(f) of this title).
    (3) To demonstrate that he meets this test, the owner or operator 
must

[[Page 399]]

submit the following items to the Regional Administrator:
    (i) A letter signed by the owner's or operator's chief financial 
officer and worded as specified in Sec. 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.
    (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 regulations 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 regulations, a letter to the 
Regional Administrator 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 regulations;
    (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 Regional Administrator 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 Regional 
Administrator 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 Regional Administrator 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 Regional Administrator 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 Regional Administrator 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

[[Page 400]]

statements (see paragraph (e)(3)(ii) of this section). An adverse 
opinion or a disclaimer of opinion will be cause for disallowance. The 
Regional Administrator 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 Regional 
Administrator 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 Regional Administrator 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 Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 265.145(h).
    (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 Sec. 264.151(h). 
A certified copy of the guarantee must accompany the items sent to the 
Regional Administrator 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 interim status requirements whenever required to 
do so, the guarantor will do so or establish a trust fund as specified 
in Sec. 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 Regional Administrator. 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 Regional 
Administrator, 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 Regional Administrator within 90 
days after receipt by both the owner or operator and the Regional 
Administrator 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

[[Page 401]]

more mechanisms. The Regional Administrator 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 Regional 
Administrator 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 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 post-closure care of any of the facilities covered by the mechanism, 
the Regional Administrator 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 registered professional engineer that the 
post-closure care period has been completed in accordance with the 
approved post-closure plan, the Regional Administrator 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 Regional Administrator has reason to believe that post-
closure care has not been in accordance with the approved post-closure 
plan. The Regional Administrator 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.

[47 FR 15064, Apr. 7, 1982, as amended at 51 FR 16457, May 2, 1986; 57 
FR 42843, Sept. 16, 1992]



Sec. 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 Secs. 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.



Sec. 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.
    (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 Sec. 264.151(i). The wording of 
the certificate of insurance

[[Page 402]]

must be identical to the wording specified in Sec. 264.151(j). The owner 
or operator must submit a signed duplicate original of the endorsement 
or the certificate of insurance to the Regional Administrator, or 
Regional Administrator if facilities are located in more than one 
Region. If requested by 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 Regional Administrator 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

[[Page 403]]

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.
    (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 Regional Administrator 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 Regional Administrator 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 
Regional Administrator. The request for a variance must be submitted in 
writing to the Regional Administrator. If granted, the variance will 
take the form of an adjusted level of required liability coverage, such 
level to be based on the Regional Administrator's assessment of the 
degree and duration of risk associated with the ownership or operation 
of the facility or group of facilities. The Regional Administrator may 
require an owner or operator who requests a variance to provide such 
technical and engineering information as is deemed necessary by the 
Regional Administrator to determine a level of financial responsibility 
other than that required by paragraph (a) or (b) of this section. The 
Regional

[[Page 404]]

Administrator will process a variance request as if it were a permit 
modification request under Sec. 270.41(a)(5) of this chapter and subject 
to the procedures of Sec. 124.5 of this chapter. Notwithstanding any 
other provision, the Regional Administrator 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 Regional Administrator. If the Regional 
Administrator 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 Regional 
Administrator 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 Regional Administrator'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 Regional 
Administrator 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 Regional 
Administrator, within a reasonable time, any information which the 
Regional Administrator requests to determine whether cause exists for 
such adjustments of level or type of coverage. The Regional 
Administrator will process an adjustment of the level of required 
coverage as if it were a permit modification under Sec. 270.41(a)(5) of 
this chapter and subject to the procedures of Sec. 124.5 of this 
chapter. Notwithstanding any other provision, the Regional Administrator 
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 registered 
professional engineer that final closure has been completed in 
accordance with the approved closure plan, the Regional Administrator 
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 Regional Administrator 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.

[[Page 405]]

    (3) To demonstrate that he meets this test, the owner or operator 
must submit the following three items to the Regional Administrator:
    (i) A letter signed by the owner's or operator's chief financial 
officer and worded as specified in Sec. 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 Secs. 264.143(f), 
264.145(f), 265.143(e), and 265.145(e), and liability coverage, he must 
submit the letter specified in Sec. 264.151(g) to cover both forms of 
financial responsibility; a separate letter as specified in 
Sec. 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.
    (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 regulations 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 regulations, a letter to the Regional Administrator 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 regulations;
    (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 Regional Administrator 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 Regional 
Administrator 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 Regional Administrator 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 Regional Administrator will evaluate other 
qualifications on an individual basis. The owner

[[Page 406]]

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 
Sec. 264.151(h)(2) of this chapter. A certified copy of the guarantee 
must accompany the items sent to the Regional Administrator 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 Sec. 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 
Sec. 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 
Regional Administrator.
    (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 Sec. 264.151(k) of this chapter.
    (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

[[Page 407]]

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 Sec. 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 Regional Administrator.
    (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 Sec. 264.151(l) of this chapter.
    (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 Sec. 264.151(l) of this chapter 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 Regional 
Administrator.
    (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 Sec. 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.

[47 FR 16558, Apr. 16, 1982, as amended at 47 FR 28627, July 1, 1982; 47 
FR 30447, July 13, 1982; 48 FR 30115, June 30, 1983; 51 FR 16458, May 2, 
1986; 51 FR 25355, July 11, 1986; 52 FR 44321, Nov. 18, 1987; 53 FR 
33959, Sept. 1, 1988; 56 FR 30200, July 1, 1991; 56 FR 47912, Sept. 23, 
1991; 57 FR 42843, Sept. 16, 1992]



Sec. 265.148  Incapacity of owners or operators, guarantors, or financial institutions.

    (a) An owner or operator must notify the Regional Administrator 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 Secs. 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 
(Sec. 264.151(h)).
    (b) An owner or operator who fulfills the requirements of 
Sec. 265.143, Sec. 265.145, or Sec. 265.147 by obtaining a trust fund,

[[Page 408]]

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.



Sec. 265.149  Use of State-required mechanisms.

    (a) For a facility located in a State where EPA is administering the 
requirements of this subpart but where the State has hazardous waste 
regulations 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 
Sec. 265.143, Sec. 265.145, or Sec. 265.147 if the Regional 
Administrator determines that the State mechanisms are at least 
equivalent to the financial mechanisms specified in this subpart. The 
Regional Administrator 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 
Regional Administrator may also consider other factors as he deems 
appropriate. The owner or operator must submit to the Regional 
Administrator 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 subpart. 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 Regional Administrator will notify the owner or operator 
of his determination regarding the mechanism's acceptability in lieu of 
financial mechanisms specified in this subpart. The Regional 
Administrator 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 Sec. 265.143, Sec. 265.145, or 
Sec. 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 
subpart by increasing the funds available through the State-required 
mechanism or using 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 subpart.



Sec. 265.150  State assumption of responsibility.

    (a) If a 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 Sec. 265.143, Sec. 265.145, or 
Sec. 265.147 if the Regional Administrator determines that the State's 
assumption of responsibility is at least equivalent to the financial 
mechanisms specified in this subpart. The Regional Administrator 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 Regional Administrator may also 
consider other factors as he deems appropriate. The owner or operator 
must submit to the Regional Administrator 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 subpart. The letter from the State must 
include, or have attached to it, the following information: The 
facility's EPA

[[Page 409]]

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 Regional Administrator 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 subpart. The 
Regional Administrator 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 Secs. 265.143, 
Sec. 265.145, or Sec. 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 subpart 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 subpart.



               Subpart I--Use and Management of Containers



Sec. 265.170  Applicability.

    The regulations in this subpart apply to owners and operators of all 
hazardous waste facilities that store containers of hazardous waste, 
except as Sec. 265.1 provides otherwise.



Sec. 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 part.



Sec. 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.



Sec. 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.]

[45 FR 33232, May 19, 1980, as amended at 45 FR 78529, Nov. 25, 1980]



Sec. 265.174  Inspections.

    The owner or operator must inspect areas where containers are 
stored, at least weekly, looking for leaks and for deterioration caused 
by corrosion or other factors.

[Comment: See Sec. 265.171 for remedial action required if deterioration 
or leaks are detected.]
Sec. 265.175  [Reserved]



Sec. 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 Sec. 265.17(a) for additional requirements.]



Sec. 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 Sec. 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 Sec. 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

[[Page 410]]

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.]



Sec. 265.178  Air emission standards.

    The owner or operator shall manage all hazardous waste placed in a 
container in accordance with the requirements of subpart CC of this 
part.

[59 FR 62935, Dec. 6, 1994]

    Effective Date Note: At 59 FR 62935, Dec. 6, 1994, Sec. 265.178 was 
added. At 60 FR 26828, May 19, 1995, the effective date of that 
regulation was delayed to Dec. 6, 1995, at 60 FR 56952, Nov. 13, 1995, 
the effective date was delayed to June 6, 1996; and at 61 FR 28508, June 
5, 1996, the effective date was further delayed to Oct. 6, 1996.



                         Subpart J--Tank Systems

    Source: 51 FR 25479, July 14, 1986, unless otherwise noted.



Sec. 265.190  Applicability.

    The requirements of this subpart 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 Sec. 265.1 of this part.
    (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 
Sec. 265.193. To demonstrate the absence or presence of free liquids in 
the stored/treated waste, the following test must be used: Method 9095 
(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 Sec. 260.11 of this chapter.
    (b) Tank systems, including sumps, as defined in Sec. 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 
Sec. 265.193(a).
    (c) Tanks, sumps, and other collection devices used in conjunction 
with drip pads, as defined in Sec. 260.10 of this chapter and regulated 
under 40 CFR part 265 subpart W, must meet the requirements of this 
subpart.

[51 FR 25479, July 14, 1986, as amended at 53 FR 34087, Sept. 2, 1988; 
55 FR 50486, Dec. 6, 1990; 58 FR 46050, Aug. 31, 1993]



Sec. 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 Sec. 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, 
registered professional engineer in accordance with Sec. 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 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

[[Page 411]]

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, registered professional engineer 
in accordance with Sec. 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 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 Sec. 265.196.



Sec. 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, 
registered professional engineer in accordance with Sec. 270.11(d) 
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

[[Page 412]]

    (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, 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 Sec. 270.11(d) of this chapter.

[51 FR 25479, July 14, 1986; 51 FR 29430, Aug. 15, 1986]



Sec. 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 tank systems or components, prior to their being put 
into service;
    (2) For all existing tanks used to store or treat EPA Hazardous 
Waste Nos. F020, F021, F022, F023, F026, and F027, within two years 
after January 12, 1987;
    (3) For those existing tank systems of known and documentable age, 
within two years after January 12, 1987, or when the tank systems have 
reached 15 years of age, whichever comes later;
    (4) For those existing tank system for which the age cannot be 
documented, within eight years of January 12, 1987; but if the age of 
the facility is greater than seven years, secondary containment must be 
provided by the time the facility reaches 15 years of

[[Page 413]]

age, or within two years of January 12, 1987, whichever comes later; and
    (5) For tank systems that store or treat materials that become 
hazardous wastes subsequent to January 12, 1987, within the time 
intervals required in paragraphs (a)(1) through (a)(4) of this section, 
except that the date that a material becomes a hazardous waste must be 
used in place of January 12, 1987.
    (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 part 261 
of this chapter, it is subject to management as a hazardous waste in 
accordance with all applicable requirements of parts 262 through 265 of 
this chapter. 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 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 Regional Administrator.
    (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

[[Page 414]]

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 Sec. 262.21 of 
this chapter, or
    (B) Meets the definition of reactive waste under Sec. 262.21 of this 
chapter 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 
Regional Administrator, and the Regional Administrator 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 Regional Administrator 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 subpart for new tank systems.
    (1) In deciding whether to grant a variance based on a demonstration 
of

[[Page 415]]

equivalent protection of ground water and surface water, the Regional 
Administrator 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 
Regional Administrator 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 Sec. 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 Sec. 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

[[Page 416]]

of engineering control (as established in the variance), must:
    (i) Comply with the requirements of Sec. 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 
Sec. 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 Sec. 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 Regional Administrator 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 Regional Administrator 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 Regional Administrator within 180 days after notifying the 
Regional Administrator of intent to conduct the demonstration.
    (4) The Regional Administrator 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 Regional Administrator 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 Regional Administrator 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 Regional Administrator 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 Sec. 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, registered 
professional engineer that addresses cracks,

[[Page 417]]

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 Sec. 265.196.

[51 FR 25479, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at 
53 FR 34087, Sept. 2, 1988]



Sec. 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 discount 
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 
Sec. 265.196 if a leak or spill occurs in the tank system.



Sec. 265.195  Inspections.

    (a) The owner or operator must inspect, where present, 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) The aboveground portions of the tank system, if any, to detect 
corrosion or releases of waste;
    (3) Data gathered from monitoring equipment and leak-detection 
equipment, (e.g., pressure and temperature gauges, monitoring wells) to 
ensure that the tank system is being operated according to its design; 
and
    (4) The construction materials and the area immediately surrounding 
the externally accessible portion of the tank system including secondary 
containment structures (e.g., dikes) to detect erosion or signs of 
releases of hazardous waste (e.g., wet spots, dead vegetation);

    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 Regional Administrator 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) 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.


[[Page 418]]


    (c) 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.



Sec. 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 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 Regional Administrator 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 
Regional Administrator:
    (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 Regional Administrator 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 Sec. 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 
Sec. 265.193 before it can be returned to service, unless the

[[Page 419]]

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 Secs. 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 
Sec. 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, registered professional engineer in accordance with 
Sec. 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 Regional Administrator within 
seven days after returning the tank system to use.

    Note: The Regional Administrator may, on the basis of any 
information received that there is or has been a release of hazardous 
waste or hazardous constituents into the environment, issue an order 
under RCRA section 3004(v), 3008(h), or 7003(a) requiring corrective 
action or such other response as deemed necessary to protect human 
health or the environment.

    Note: See Sec. 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.''

[51 FR 25479, July 14, 1986, as amended at 53 FR 34087, Sept. 2, 1988]



Sec. 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 Sec. 261.3(d) of this Chapter applies. The closure plan, closure 
activities, cost estimates for closure, and financial responsibility for 
tank systems must meet all of the requirements specified in subparts 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 
(Sec. 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 subparts G and H of this part.
    (c) If an owner or operator has a tank system which does not have 
secondary containment that meets the requirements of Sec. 265.193(b) 
through (f) and which is not exempt from the secondary containment 
requirements in accordance with Sec. 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.

[[Page 420]]

    (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 subparts G and 
H of this part.



Sec. 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 Secs. 261.21 
or 261.23 of this chapter; 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 
Sec. 260.11).



Sec. 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 Sec. 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 Sec. 265.17(b) is complied with.



Sec. 265.200  Waste analysis and trial tests.

    In addition to performing the waste analysis required by 
Sec. 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 Sec. 265.194(a).

    Note: Section 265.13 requires the waste analysis plan to include 
analyses needed to comply with Secs. 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.



Sec. 265.201  Special requirements for generators of between 100 and 1,000 kg/mo that accumulate hazardous waste in tanks.

    (a) The requirements of this section apply to small quantity 
generators of more than 100 kg but less than 1,000 kg of hazardous waste 
in a calendar month, that accumulate hazardous waste in tanks for less 
than 180 days (or 270 days if the generator must ship the waste greater 
than 200 miles), and do not accumulate over 6,000 kg on-site at any 
time.
    (b) Generators of between 100 and 1,000 kg/mo hazardous waste must 
comply with the following general operating requirements:
    (1) Treatment or storage of hazardous waste in tanks must comply 
with Sec. 265.17(b).
    (2) 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.
    (3) Uncovered tanks must be operated to ensure at least 60 
centimeters (2 feet) of freeboard, unless the tank is equipped with a 
containment structure

[[Page 421]]

(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.
    (4) 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).

    Note: These systems are intended to be used in the event of a leak 
or overflow from the tank due to a system failure (e.g., a malfunction 
in the treatment process, a crack in the tank, etc.).

    (c) Generators of between 100 and 1,000 kg/mo accumulating hazardous 
waste in tanks must inspect, where present:
    (1) 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;
    (2) 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;
    (3) The level of waste in the tank at least once each operating day 
to ensure compliance with Sec. 265.201(b)(3);
    (4) The construction materials of the tank at least weekly to detect 
corrosion or leaking of fixtures or seams; and
    (5) 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).

    Note: As required by Sec. 265.15(c), the owner or operator must 
remedy any deterioration or malfunction he finds.

    (d) Generators of between 100 and 1,000 kg/mo accumulating hazardous 
waste in tanks must, upon closure of the facility, remove all hazardous 
waste from tanks, discharge control equipment, and discharge confinement 
structures.

    Note: At closure, as throughout the operating period, unless the 
owner or operator can demonstrate, in accordance with Sec. 261.3(c) or 
(d) of this chapter, that any solid waste removed from his tank 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 chapter.

    (e) Generators of between 100 and 1,000 kg/mo must comply with the 
following special requirements for ignitable or reactive waste:
    (1) Ignitable or reactive waste must not be placed in a tank, 
unless:
    (i) The waste is treated, rendered, or mixed before or immediately 
after placement in a tank so that (A) the resulting waste, mixture, or 
dissolution of material no longer meets the definition of ignitable or 
reactive waste under Sec. 261.21 or Sec. 261.23 of this chapter, and (B) 
Sec. 265.17(b) is complied with; or
    (ii) 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
    (iii) The tank is used solely for emergencies.
    (2) The owner or operator of a facility which treats or stores 
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 
Sec. 260.11).
    (f) Generators of between 100 and 1,000 kg/mo must comply with the 
following special requirements for incompatible wastes:
    (1) Incompatible wastes, or incompatible wastes and materials, (see 
appendix V for examples) must not be placed in the same tank, unless 
Sec. 265.17(b) is complied with.
    (2) Hazardous waste must not be placed in an unwashed tank which 
previously held an incompatible waste or material, unless Sec. 265.17(b) 
is complied with.

[51 FR 25479, July 14, 1986, as amended at 53 FR 34087, Sept. 2, 1988]



Sec. 265.202  Air emission standards.

    The owner or operator shall manage all hazardous waste placed in a 
tank in accordance with the requirements of subparts AA, BB, and CC of 
this part.

[59 FR 62935, Dec. 6, 1994]


[[Page 422]]


    Effective Date Note: At 59 FR 62935, Dec. 6, 1994, Sec. 265.202 was 
added. At 60 FR 26828, May 19, 1995, the effective date was delayed to 
Dec. 6, 1995, at 60 FR 56952, Nov. 13, 1995, the effective date was 
delayed to June 6, 1996, and at 61 FR 28508, June 5, 1996, the effective 
date was further delayed to Oct. 6, 1996.



                     Subpart K--Surface Impoundments



Sec. 265.220  Applicability.

    The regulations in this subpart apply to owners and operators of 
facilities that use surface impoundments to treat, store, or dispose of 
hazardous waste, except as Sec. 265.1 provides otherwise.



Sec. 265.221  Design and operating requirements.

    (a) 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, and operate the leachate collection and removal 
system, in accordance with Sec. 264.221(c), unless exempted under 
Sec. 264.221(d), (e), or (f), of this chapter. ``Construction 
commences'' is as defined in Sec. 260.10 of this chapter under 
``existing facility.''
    (b) The owner or operator of each unit referred to in paragraph (a) 
of this section must notify the Regional Administrator 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 Sec. 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 Regional Administrator 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 Sec. 261.24 of this chapter, 
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 in 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 (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 it is not removed or 
decontaminated, the owner of 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 
Sec. 144.3 of this chapter); and
    (C) The monofill is in compliance with generally applicable ground-
water monitoring requirements for facilities with permits under RCRA 
section 3005(c); or

[[Page 423]]

    (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 Regional Administrator when 
issuing the first permit to such facility, except that the Regional 
Administrator will not be precluded from requiring installation of a new 
liner when the Regional Administrator 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 section 
3005(j)(1) 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 additional listing or 
characteristic. This compliance period shall not be cut short as the 
result of the promulgation of land disposal prohibitions under part 268 
of this chapter or the granting of an extension to the effective date of 
a prohibition pursuant to Sec. 268.5 of this chapter, within this 48-
month period.

[50 FR 16048, Apr. 23, 1985. Redesignated at 57 FR 3492, Jan. 29, 1992. 
50 FR 28749, July 15, 1985, as amended at 55 FR 11876, Mar. 29, 1990; 57 
FR 3492, Jan. 29, 1992; 57 FR 37267, Aug. 18, 1992]



Sec. 265.222  Action leakage rate.

    (a) The owner or operator of surface impoundment units subject to 
Sec. 265.221(a) must submit a proposed action leakage rate to the 
Regional Administrator when submitting the notice required under 
Sec. 265.221(b). Within 60 days of receipt of the notification, the 
Regional Administrator 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 Regional Administrator 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 Regional Administrator shall approve an action leakage rate 
for surface impoundment units subject to Sec. 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 Sec. 265.226(b), to an

[[Page 424]]

average daily flow rate (gallons per acre per day) for each sump. Unless 
the Regional Administrator 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 Sec. 265.228(a)(2), monthly during the post-closure care period 
when monthly monitoring is required under Sec. 265.226(b).

[57 FR 3492, Jan. 29, 1992]



Sec. 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.

    Editorial Note: At 57 FR 3492, Jan. 29, 1992 the Environmental 
Protection Agency added Sec. 265.223, effective July 29, 1992. Since a 
Sec. 265.223 already exists, both sections appear. An agency correction 
will be published in the Federal Register at a later date.



Sec. 265.223  Response actions.

    (a) The owner or operator of surface impoundment units subject to 
Sec. 265.221(a) must submit a response action plan to the Regional 
Administrator when submitting the proposed action leakage rate under 
Sec. 265.222. 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 Regional Administrator in writing of the exceedence 
within 7 days of the determination;
    (2) Submit a preliminary written assessment to the Regional 
Administrator 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 Regional Administrator 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 Regional Administrator 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.

[57 FR 3492, Jan. 29, 1992]

Sec. 265.224  [Reserved]



Sec. 265.225  Waste analysis and trial tests.

    (a) In addition to the waste analyses required by Sec. 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

[[Page 425]]

    (ii) Obtain written, documented information on similar treatment of 
similar waste under similar operating conditions; to show that this 
treatment will comply with Sec. 265.17(b).

[Comment: As required by Sec. 265.13, the waste analysis plan must 
include analyses needed to comply with Secs. 265.229 and 265.230. As 
required by Sec. 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.]

    (b) [Reserved]



Sec. 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 Sec. 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.
    (b)(1) An owner or operator required to have a leak detection system 
under Sec. 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 Regional Administrator 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 Sec. 265.222(a).

[Comment: As required by Sec. 265.15(c), the owner or operator must 
remedy any deterioration or malfunction he finds.]

[45 FR 33232, May 19, 1980, as amended at 57 FR 3493, Jan. 29, 1992]
Sec. 265.227  [Reserved]



Sec. 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 Sec. 261.3(d) of this chapter 
applies; or
    (2) Close the impoundment and provide post-closure care for a 
landfill under subpart G and Sec. 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) Accomodate 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 subpart G, and Sec. 265.310, 
during the post-closure care period, the owner or operator of a surface 
impoundment in

[[Page 426]]

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 Secs. 265.221(c)(2)(iv) and (3) of this chapter and 265.226(b) 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 subpart F of this part; 
and
    (4) Prevent run-on and run-off from eroding or otherwise damaging 
the final cover.

[52 FR 8708, Mar. 19, 1987, as amended at 57 FR 3493, Jan. 29, 1992]



Sec. 265.229  Special requirements for ignitable or reactive waste.

    Ignitable or reactive waste must not be placed in a surface 
impoundment, unless the waste and impoundment satisfy all applicable 
requirements of 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 
Sec. 261.21 or Sec. 261.23 of this chapter; 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) Maintain and monitor the leak detection system in accordance 
with Secs. 265.221(c)(2)(iv) and (3) of this chapter and 265.226(b) and 
comply with all other applicable leak detection system requirements of 
this part;
    (3) 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
    (4) The certification and the basis for it are maintained at the 
facility; or
    (c) The surface impoundment is used solely for emergencies.

[50 FR 16048, Apr. 23, 1985, as amended at 55 FR 22685, June 1, 1990; 57 
FR 3493, Jan. 29, 1992]



Sec. 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 Sec. 265.17(b) is complied with.



Sec. 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 subpart CC of 
this part.

[59 FR 62935, Dec. 6, 1994]

    Effective Date Note: At 59 FR 62935, Dec. 6, 1994, Sec. 265.231 was 
added. At 60 FR 26828, May 19, 1995, the effective date was delayed to 
Dec. 6, 1995, at 60 FR 56952, Nov. 13, 1995, the effective date was 
delayed to June 6, 1996, and at 61 FR 28508, June 5, 1996, the effective 
date was further delayed to Oct. 6, 1996.



                         Subpart L--Waste Piles



Sec. 265.250  Applicability.

    The regulations in this subpart apply to owners and operators of 
facilities that treat or store hazardous waste in piles, except as 
Sec. 265.1 provides otherwise. Alternatively, a pile of hazardous waste 
may be managed as a landfill under subpart N.



Sec. 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.



Sec. 265.252  Waste analysis.

    In addition to the waste analyses required by Sec. 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

[[Page 427]]

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 Sec. 265.13, the waste analysis plan must 
include analyses needed to comply with Secs. 265.256 and 265.257. As 
required by Sec. 265.73, the owner or operator must place the results of 
this analysis in the operating record of the facility.]

    (b) [Reserved]



Sec. 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 run-off 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 United States, it is subject to the requirements 
of section 402 of the Clean Water Act, as amended.]

[45 FR 33232, May 19, 1980, as amended at 47 FR 32367, July 26, 1982]



Sec. 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 
Sec. 264.251(c), unless exempted under Sec. 264.251(d), (e), or (f), of 
this chapter; and must comply with the procedures of Sec. 265.221(b). 
``Construction commences'' is as defined in Sec. 260.10 of this chapter 
under ``existing facility''.

[57 FR 3493, Jan. 29, 1992]



Sec. 265.255  Action leakage rates.

    (a) The owner or operator of waste pile units subject to 
Sec. 265.254 must submit a proposed action leakage rate to the Regional 
Administrator when submitting the notice required under Sec. 265.254. 
Within 60 days of receipt of the notification, the Regional 
Administrator 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 Regional Administrator 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 Regional Administrator shall approve an action leakage rate 
for surface impoundment units subject to Sec. 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

[[Page 428]]

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 Sec. 265.260, to an average daily flow rate (gallons 
per acre per day) for each sump. Unless the Regional Administrator 
approves a different calculation, the average daily flow rate for each 
sump must be calculated weekly during the active life and closure 
period.

[57 FR 3493, Jan. 29, 1992]



Sec. 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 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 Sec. 261.21 or Sec. 261.23 of this chapter, and 
(ii) complies with Sec. 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.
    (b) [Reserved]

[45 FR 33232, May 19, 1980, as amended at 55 FR 22685, June 1, 1990]



Sec. 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 
Sec. 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 
Sec. 265.17(b).



Sec. 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 
Sec. 261.3(d) of this chapter 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 
(Sec. 265.310).

[47 FR 32368, July 26, 1982]



Sec. 265.259  Response actions.

    (a) The owner or operator of waste pile units subject to 
Sec. 265.254 must submit a response action plan to the Regional 
Administrator when submitting the proposed action leakage rate under 
Sec. 265.255. 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:

[[Page 429]]

    (1) Notify the Regional Administrator in writing of the exceedence 
within 7 days of the determination;
    (2) Submit a preliminary written assessment to the Regional 
Administrator 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 Regional Administrator 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 Regional Administrator 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.

[57 FR 3494, Jan. 29, 1992]



Sec. 265.260  Monitoring and inspection.

    An owner or operator required to have a leak detection system under 
Sec. 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.

[57 FR 3494, Jan. 29, 1992]



                        Subpart M--Land Treatment



Sec. 265.270  Applicability.

    The regulations in this subpart apply to owners and operators of 
hazardous waste land treatment facilities, except as Sec. 265.1 provides 
otherwise.
Sec. 265.271  [Reserved]



Sec. 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.

[45 FR 33232, May 19, 1980, as amended at 47 FR 32368, July 26, 1982; 50 
FR 16048, Apr. 23, 1985]



Sec. 265.273  Waste analysis.

    In addition to the waste analyses required by Sec. 265.13, before 
placing a hazardous waste in or on a land treatment facility, the owner 
or operator must:

[[Page 430]]

    (a) Determine the concentrations in the waste of any substances 
which equal or exceed the maximum concentrations contained in Table 1 of 
Sec. 261.24 of this chapter that cause a waste to exhibit the Toxicity 
Characteristic;
    (b) For any waste listed in part 261, subpart D, of this chapter, 
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: Part 261 of this chapter specifies the substances for which a 
waste is listed as a hazardous waste. As required by Sec. 265.13, the 
waste analysis plan must include analyses needed to comply with 
Secs. 265.281 and 265.282. As required by Sec. 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.]

[45 FR 33232, May 19, 1980, as amended at 55 FR 11876, Mar. 29, 1990]
Secs. 265.274--265.275  [Reserved]



Sec. 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 Regional Administrator 
within 60 days after the effective date of this part.

[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 Sec. 122.72(c) of this chapter. Owners or operators of such land 
treatment facilities who propose to grow food chain crops after the 
effective date of this part must comply with Sec. 122.72(c) of this 
chapter.]

    (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 Sec. 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:

------------------------------------------------------------------------
                                                              Annual Cd 
                                                             application
                        Time period                           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)

[[Page 431]]



------------------------------------------------------------------------
                                                    Maximum cumulative  
                                                    application (kg/ha) 
                                                 -----------------------
    Soil caption exchange capacity (meq/100g)     Background  Background
                                                    soil pH     soil pH 
                                                   less than    greater 
                                                      6.5      than 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.

------------------------------------------------------------------------
                                                               Maximum  
                                                              cumulative
         Soil caption exchange capacity (meq/100g)           application
                                                               (kg/ha)  
------------------------------------------------------------------------
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 Sec. 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.]

[45 FR 33232, May 19, 1980, as amended at 47 FR 32368, July 26, 1982; 48 
FR 14295, Apr. 1, 1983]
Sec. 265.277  [Reserved]



Sec. 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:

[[Page 432]]

    (i) The hazardous waste constituents (as identified in 
Sec. 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 Sec. 265.273 (a) and (b).

[Comment: As required by Sec. 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.]



Sec. 265.279  Recordkeeping.

    The owner or operator must include hazardous waste application dates 
and rates in the operating record required under Sec. 265.73.

[47 FR 32368, July 26, 1982]



Sec. 265.280  Closure and post-closure.

    (a) In the closure plan under Sec. 265.112 and the post-closure plan 
under Sec. 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 Sec. 265.276 concerning the gowth 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 
Sec. 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 subpart G of this part, 
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 
Sec. 265.272(b);
    (3) Maintain the run-off management system required under 
Sec. 265.272(c); and
    (4) Control wind dispersal of particulate matter which may be 
subject to wind dispersal.

[[Page 433]]

    (e) For the purpose of complying with Sec. 265.115, when closure is 
completed the owner or operator may submit to the Regional Administrator 
certification both by the owner or operator and by an independent 
qualified soil scientist, in lieu of an independent 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 Sec. 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 
Sec. 265.276; and
    (4) Control wind dispersal of hazardous waste.

[45 FR 33232, May 19, 1980, as amended at 47 FR 32368, July 26, 1982]



Sec. 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 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 
Sec. 265.21 or Sec. 261.23 of this chapter; 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.

[47 FR 32368, July 26, 1982, as amended at 55 FR 22686, June 1, 1990]



Sec. 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 Sec. 265.17(b) is complied with.



                          Subpart N--Landfills



Sec. 265.300  Applicability.

    The regulations in this subpart apply to owners and operators of 
facilities that dispose of hazardous waste in landfills, except as 
Sec. 265.1 provides otherwise. A waste pile used as a disposal facility 
is a landfill and is governed by this subpart.



Sec. 265.301  Design and operating requirements.

    (a) 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, and operate 
the leachate collection and removal systems, in accordance with 
Sec. 264.301(d), (e), or (f), of this chapter. ``Construction 
commences'' is as defined in Sec. 260.10 of this chapter under 
``existing facility''.
    (b) The owner or operator of each unit referred to in paragraph (a) 
of this section must notify the Regional Administrator 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 Regional Administrator for any monofill, 
if:
    (1) The monofill contains only hazardous wastes from foundry furnace 
emission controls or metal casting molding sand, and such waste does not 
contain constituents which would

[[Page 434]]

render the wastes hazardous for reasons other than the Toxicity 
Characteristic in Sec. 261.4 of this chapter, with EPA Hazardous Waste 
Number 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 
Sec. 144.3 of this chapter); 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 Regional Administrator when 
issuing the first permit to such facility, except that the Regional 
Administrator will not be precluded from requiring installation of a new 
liner when the Regional Administrator 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.
[Comment: As required by Sec. 265.13, the waste analysis plan must 
include analyses needed to comply with Secs. 265.312, 265.313, and 
265.314. As required by Sec. 265.73, the owner or operator must place 
the results of these analyses in the operating record of the facility.]

[45 FR 33232, May 19, 1980, as amended at 47 FR 32368, July 26, 1982; 50 
FR 18374, Apr. 30, 1985. Redesignated from Sec. 265.302 at 57 FR 3494, 
Jan. 29, 1992; 50 FR 28750, July 15, 1985, as amended at 57 FR 3494, 
Jan. 29, 1992; 57 FR 30658, July 10, 1992]



Sec. 265.302  Action leakage rate.

    (a) The owner or operator of landfill units subject to 
Sec. 265.301(a) must submit a proposed action leakage rate to the 
Regional Administrator when submitting the notice required under 
Sec. 265.301(b). Within 60 days of receipt of the notification, the 
Regional Administrator 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 Regional Administrator 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 Regional Administrator shall approve an action leakage rate 
for surface impoundment units subject to Sec. 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

[[Page 435]]

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 Sec. 265.304 to an average daily flow 
rate (gallons per acre per day) for each sump. Unless the Regional 
Administrator 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 Sec. 265.304(b).

[57 FR 3494, Jan. 29, 1992]



Sec. 265.303  Response actions.

    (a) The owner or operator of landfill units subject to 
Sec. 265.301(a) must submit a response action plan to the Regional 
Administrator when submitting the proposed action leakage rate under 
Sec. 265.302. 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 Regional Administrator in writing of the exceedence 
within 7 days of the determination;
    (2) Submit a preliminary written assessment to the Regional 
Administrator 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 Regional Administrator 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 Regional Administrator 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.

[57 FR 3494, Jan. 29, 1992]



Sec. 265.304  Monitoring and inspection.

    (a) An owner or operator required to have a leak detection system 
under Sec. 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

[[Page 436]]

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 Regional Administrator 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 Sec. 265.302(a).

[57 FR 3495, Jan. 29, 1992]
Secs. 265.305--265.308  [Reserved]



Sec. 265.309  Surveying and recordkeeping.

    The owner or operator of a landfill must maintain the following 
items in the operating record required in Sec. 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.



Sec. 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 Secs. 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 Secs. 264.301(c)(3)(iv) and (4) of this chapter and 265.304(b), 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 subpart F of this part;
    (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 
Sec. 265.309.

[50 FR 16048, Apr. 23, 1985, as amended at 57 FR 3495, Jan. 29, 1992]
Sec. 265.311  [Reserved]



Sec. 265.312  Special requirements for ignitable or reactive waste.

    (a) Except as provided in paragraph (b) of this section, and in 
Sec. 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:
    (1) The resulting waste, mixture, or dissolution or material no 
longer meets the definition of ignitable or reactive waste under 
Sec. 261.21 or Sec. 261.23 of this chapter; and
    (2) Section 265.17(b) is complied with.
    (b) Except for prohibited wastes which remain subject to treatment 
standards in subpart D of part 268, ignitable wastes in containers may 
be landfilled without meeting the requirements of paragraph (a) of this 
section, provided that the wastes are disposed of in such a way that 
they are protected from any material or conditions which may cause them 
to ignite. At a minimum, ignitable wastes must be disposed of in non-
leaking containers which are carefully handled and placed so as to avoid 
heat, sparks, rupture, or

[[Page 437]]

any other condition that might cause ignition of the wastes; must be 
covered daily with soil or other non-combustible material to minimize 
the potential for ignition of the wastes; and must not be disposed of in 
cells that contain or will contain other wastes which may generate heat 
sufficient to cause ignition of the waste.

[47 FR 32368, July 26, 1982, as amended at 55 FR 22686, June 1, 1990]



Sec. 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 Sec. 265.17(b) is complied with.



Sec. 265.314  Special requirements for bulk and containerized liquids.

    (a) Bulk or non-containerized liquid waste or waste containing free 
liquids may be placed in a landfill prior to May 8, 1985 only if:
    (1) The landfill has a liner and leachate collection and removal 
system that meets the requirements of Sec. 264.301(a) of this chapter; 
or
    (2) Before disposal, the liquid waste or waste containing free 
liquids is treated or stabilized, chemically or physically (e.g., by 
mixing with a sorbent solid), so that free liquids are no longer 
present.
    (b) Effective May 8, 1985, 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) 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 Sec. 265.316 and is 
disposed of in accordance with Sec. 265.316.
    (d) To demonstrate the absence or presence of free liquids in either 
a containerized or a bulk waste, the following test must be used: Method 
9095 (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 Sec. 260.11 of this chapter.
    (e) 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.
    (f) Sorbents used to treat free liquids to be disposed of in 
landfills must be nonbiodegradable. Nonbiodegradable sorbents are: 
materials listed or described in paragraph (f)(1) of this section; 
materials that pass one of the tests in paragraph (f)(2) of this 
section; or materials that are determined by EPA to be nonbiodegradable 
through the 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, polysobutylene, 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

[[Page 438]]

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)].
    (g) Effective November 8, 1985, 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 Regional Administrator, or 
the Regional Administrator 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 Sec. 144.3 of this chapter).

[45 FR 33232, May 19, 1980, as amended at 47 FR 12318, Mar. 22, 1982; 47 
FR 32369, July 26, 1982; 50 FR 18374, Apr. 30, 1985; 50 FR 28750, July 
15, 1985; 51 FR 19177, May 28, 1986; 57 FR 54461, Nov. 18, 1992; 58 FR 
46050, Aug. 31, 1993; 60 FR 35705, July 11, 1995]



Sec. 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.

[50 FR 16048, Apr. 23, 1985]



Sec. 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 landfull 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 Sec. 265.314(f), to completely sorb 
all of the liquid contents of the inside containers. The metal outer 
container must be full after it has been packed 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 container's in accordance with Sec. 265.17(b).
    (d) Incompatible wastes, as defined in Sec. 260.10(a) of this 
chapter, must not be placed in the same outside container.
    (e) Reactive waste, other than cyanide- or sulfide-bearing waste as 
defined in Sec. 261.23(a)(5) of this chapter, 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 40 CFR 
part 268. Persons who incinerate lab packs according to the requirements 
in 40 CFR 268.42(c)(1) may use fiber drums in place of metal outer 
containers. Such

[[Page 439]]

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.

[46 FR 56596, Nov. 17, 1981, as amended at 55 FR 22686, June 1, 1990; 57 
FR 54461, Nov. 18, 1992]



                         Subpart O--Incinerators

    Source: 46 FR 7680, Jan. 23, 1981, unless otherwise noted.



Sec. 265.340  Applicability.

    (a) The regulations of this subpart apply to owners and operators of 
hazardous waste incinerators (as defined in Sec. 260.10 of this 
chapter), except as Sec. 265.1 provides otherwise.
    (b) Owners and operators of incinerators burning hazardous waste are 
exempt from all of the requirements of this subpart, except Sec. 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 part 261, appendix VIII, of this 
chapter, and such documentation is retained at the facility, if the 
waste to be burned is:
    (1) Listed as a hazardous waste in part 261, subpart D, of this 
chapter solely because it is ignitable (Hazard Code I), corrosive 
(Hazard Code C), or both; or
    (2) Listed as a hazardous waste in part 261, subpart D, of this 
chapter solely because it is reactive (Hazard Code R) for 
characteristics other than those listed in Sec. 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 part 261, subpart C, of this 
chapter; or
    (4) A hazardous waste solely because it possesses the reactivity 
characteristics described by Sec. 261.23(a) (1), (2), (3), (6), (7), or 
(8) of this chapter, and will not be burned when other hazardous wastes 
are present in the combustion zone.

[47 FR 27533, June 24, 1982 and 50 FR 666, Jan. 4, 1985, as amended at 
50 FR 49203, Nov. 29, 1985; 56 FR 7208, Feb. 21, 1991]



Sec. 265.341  Waste analysis.

    In addition to the waste analyses required by Sec. 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 Sec. 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.]
Secs. 265.342--265.344  [Reserved]



Sec. 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.
Sec. 265.346  [Reserved]



Sec. 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.

[[Page 440]]

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.

[46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27533, June 24, 1982]
Secs. 265.348--265.350  [Reserved]



Sec. 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 Sec. 261.3(d) of 
this chapter, 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 chapter.]



Sec. 265.352  Interim status incinerators burning particular hazardous wastes.

    (a) Owners or operators of incinerators subject to this subpart may 
burn EPA Hazardous Wastes FO20, FO21, FO22, FO23, FO26, or FO27 if they 
receive a certification from the Assistant Administrator for Solid Waste 
and Emergency Response that they can meet the performance standards of 
subpart O of part 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 
Assistant Administrator for Solid Waste and Emergency Response 
containing applicable information in Secs. 270.19 and 270.62 
demonstrating that the incinerator can meet the performance standards in 
subpart O of part 264 when they burn these wastes.
    (2) The Assistant Administrator for Solid Waste and Emergency 
Response will issue a tentative decision as to whether the incinerator 
can meet the performance standards in subpart O of part 264. 
Notification of this tentative decision will be provided by newspaper 
advertisement and radio broadcast in the jurisdiction where the 
incinerator is located. The Assistant Administrator for Solid Waste and 
Emergency Response will accept comment on the tentative decision for 60 
days. The Assistant Administrator for Solid Waste and Emergency Response 
also may hold a public hearing upon request or at his discretion.
    (3) After the close of the public comment period, the Assistant 
Administrator for Solid Waste and Emergency Response will issue a 
decision whether or not to certify the incinerator.

[50 FR 2005, Jan. 14, 1985]
Secs. 265.353--265.369  [Reserved]



                      Subpart P--Thermal Treatment



Sec. 265.370  Other thermal treatment.

    The regulations in this subpart apply to owners or operators of 
facilities that thermally treat hazardous waste in devices other than 
enclosed devices using controlled flame combustion, except as Sec. 265.1 
provides otherwise. Thermal treatment in enclosed devices using 
controlled flame combustion is subject to the requirements of subpart O 
if the unit is an incinerator, and subpart H of part 266, if the unit is 
a boiler or an industrial furnace as defined in Sec. 260.10.

[50 FR 666, Jan. 4, 1985, as amended at 56 FR 32692, July 17, 1991]
Secs. 265.371--265.372  [Reserved]



Sec. 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

[[Page 441]]

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.
Sec. 265.374  [Reserved]



Sec. 265.375  Waste analysis.

    In addition to the waste analyses required by Sec. 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 Sec. 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.]
Sec. 265.376  [Reserved]



Sec. 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.
    (b) [Reserved]
Secs. 265.378--265.380  [Reserved]



Sec. 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 Sec. 261.3 (c) or 
(d) of this chapter, 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 chapter.]



Sec. 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.

------------------------------------------------------------------------
                                             Minimum distance from open 
 Pounds of waste explosives or propellants  burning or detonation to the
                                                 property of others     
------------------------------------------------------------------------
0 to 100..................................  204 meters (670 feet).      
101 to 1,000..............................  380 meters (1,250 feet).    
1,001 to 10,000...........................  530 meters (1,730 feet).    

[[Page 442]]

                                                                        
10,001 to 30,000..........................  690 meters (2,260 feet).    
------------------------------------------------------------------------



Sec. 265.383  Interim status thermal treatment devices burning particular hazardous waste.

    (a) Owners or operators of thermal treatment devices subject to this 
subpart may burn EPA Hazardous Wastes FO20, FO21, FO22, FO23, FO26, or 
FO27 if they receive a certification from the Assistant Administrator 
for Solid Waste and Emergency Response that they can meet the 
performance standards of subpart O of part 264 when 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 
Assistant Administrator for Solid Waste and Emergency Response 
containing the applicable information in Secs. 270.19 and 270.62 
demonstrating that the thermal treatment unit can meet the performance 
standard in subpart O of part 264 when they burn these wastes.
    (2) The Assistant Administrator for Solid Waste and Emergency 
Response will issue a tentative decision as to whether the thermal 
treatment unit can meet the performance standards in subpart O of part 
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 Assistant Administrator for 
Solid Waste and Emergency Response will accept comment on the tentative 
decision for 60 days. The Assistant Administrator for Solid Waste and 
Emergency Response also may hold a public hearing upon request or at his 
discretion.
    (3) After the close of the public comment period, the Assistant 
Administrator for Solid Waste and Emergency Response will issue a 
decision whether or not to certify the thermal treatment unit.

[50 FR 2005, Jan. 14, 1985]



         Subpart Q--Chemical, Physical, and Biological Treatment



Sec. 265.400  Applicability.

    The regulations in this subpart 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 Sec. 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 subparts J, K, and M, respectively.



Sec. 265.401  General operating requirements.

    (a) Chemical, physical, or biological treatment of hazardous waste 
must comply with Sec. 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.]



Sec. 265.402  Waste analysis and trial tests.

    (a) In addition to the waste analysis required by Sec. 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:

[[Page 443]]

    (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 proposed treatment will meet all applicable 
requirements of Sec. 265.401 (a) and (b).
    [(b) [Reserved]

[Comment: As required by Sec. 265.13, the waste analysis plan must 
include analyses needed to comply with Secs. 265.405 and 265.406. As 
required by Sec. 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.]



Sec. 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).
    (b) [Reserved]

[Comment: As required by Sec. 265.15(c), the owner or operator must 
remedy any deterioration or malfunction he finds.]



Sec. 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 Sec. 261.3 (c) or 
(d) of this chapter, 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 parts 262, 263, and 265 of this 
chapter.]



Sec. 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 Sec. 261.21 or 261.23 or 
this chapter, and (ii) Sec. 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.
    (b)[Reserved]



Sec. 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 Sec. 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 Sec. 265.17(b) is complied with.



                    Subpart R--Underground Injection



Sec. 265.430  Applicability.

    Except as Sec. 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 
subparts G and H of this part.
    (b) The requirements of this subpart apply to owners and operators 
of wells used to dispose of hazardous waste

[[Page 444]]

which are classified as Class I under Sec. 144.6(a) of this chapter and 
which are classified as Class IV under Sec. 144.6(d) of this chapter.

[Comment: In addition to the requirements of subparts A through E of 
this part, the owner or operator of a facility which disposes of 
hazardous waste by underground injection ultimately must comply with the 
requirements of Secs. 265.431 through 265.437. These sections are 
reserved at this time. The Agency will propose regulations that would 
establish those requirements.]

[45 FR 33232, May 19, 1980, as amended at 48 FR 30115, June 30, 1983]



                        Subparts S--V [Reserved]



                          Subpart W--Drip Pads

    Source: 55 FR 50486, Dec. 6, 1990, unless otherwise noted.



Sec. 265.440  Applicability.

    (a) The requirements of this subpart 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 Sec. 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 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 
Sec. 265.443(e) or Sec. 265.443(f), as appropriate.
    (c) The requirements of this subpart 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 facility will 
do the following:
    (i) Clean up the drippage;
    (ii) Document the cleanup of the drippage;
    (iii) Retain documents regarding cleanup for three years; and
    (iv) Manage the contaminated media in a manner consistent with 
Federal regulations.

[55 FR 50486, Dec. 6, 1990, as amended by 56 FR 30198, July 1, 1991; 57 
FR 61503, Dec. 24, 1992]



Sec. 265.441  Assessment of existing drip pad integrity.

    (a) For each existing drip pad as defined in Sec. 265.440 of this 
subpart, the owner or operator must evaluate the drip pad and determine 
that it meets all of the requirements of this subpart, except the 
requirements for liners and leak detection systems of Sec. 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 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 Sec. 265.443 of this subpart are complete. The 
evaluation must document the extent to which the drip pad meets each of 
the design and operating standards of Sec. 265.443 of this subpart, 
except the standards for liners and leak detection systems, specified in 
Sec. 265.443(b) of this subpart.
    (b) The owner or operator must develop a written plan for upgrading, 
repairing, and modifying the drip pad to meet the requirements of 
Sec. 265.443(b) of this subpart, and submit the plan to the Regional 
Administrator 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

[[Page 445]]

drip pad in sufficient detail to document compliance with all the 
requirements of Sec. 265.443 of this subpart. The plan must be reviewed 
and certified by an independent qualified registered professional 
engineer.
    (c) Upon completion of all, repairs, and modifications, the owner or 
operator must submit to the Regional Administrator or State Director, 
the as-built drawings for the drip pad together with a certification by 
an independent, qualified 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 Sec. 265.443(m) of 
this subpart or close the drip pad in accordance with Sec. 265.445 of 
this subpart.

[55 FR 50486, Dec. 6, 1990, as amended at 57 FR 61504, Dec. 24, 1992]



Sec. 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 Secs. 265.443 (except 
Sec. 265.443(a)(4)), 265.444 and 265.445 of this subpart, or
    (b) All of the applicable requirements of Secs. 265.443 (except 
Sec. 265.443(b)), 265.444 and 265.445 of this subpart.

[57 FR 61504, Dec. 24, 1992]



Sec. 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 
1 x 10-7 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 1 x 10-7 
centimeters per second such that the entire surface where drippage 
occurs or may run across is capable of containing 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 only to existing drip pads and 
those drip pads for which the owner or operator elects to comply with 
Sec. 265.442(a) instead of Sec. 265.442(b).
    (ii) 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 registered professional engineer that attests 
to the results of the evaluation. The assessment must be reviewed, 
updated and recertified annually. The evaluation must document the 
extent to which the drip pad meets the design and operating standards of 
this section, except for subsection (b).
    (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: EPA 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 Sec. 265.442(b) 
instead of Sec. 265.442(a), 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:

[[Page 446]]

    (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 Sec. 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 Sec. 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 Sec. 265.440(b) of this subpart.
    (f) Unless protected by a structure or cover, as described in 
Sec. 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 
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 
waste or other materials on the drip pad. The owner or operator must 
document the date and time of each cleaning and the cleaning procedure 
used in the facility's operating log.

[[Page 447]]

    (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 
Regional Administrator of the condition and, within 10 working days, 
provide a written notice to the Regional Administrator 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 Regional Administrator 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 Regional Administrator in writing and provide a 
certification, signed by an independent qualified, 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.

[55 FR 50486, Dec. 6, 1990, as amended at 56 FR 30198, July 1, 1991; 57 
FR 5861, Feb. 18, 1992; 57 FR 61504, Dec. 24, 1992]



Sec. 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 Sec. 265.443 
of this subpart by an independent qualified, 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.


[[Page 448]]


    Note: See Sec. 265.443(m) for remedial action required if 
deterioration or leakage is detected.



Sec. 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 
(Sec. 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 
Sec. 265.440 of this subpart, that does not comply with the liner 
requirements of Sec. 265.443(b)(1) must:
    (i) Include in the closure plan for the drip pad under Sec. 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 Sec. 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 Secs. 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.



                        Subparts X--Z [Reserved]



          Subpart AA--Air Emission Standards for Process Vents

    Source: 55 FR 25507, June 21, 1990, unless otherwise noted.



Sec. 265.1030  Applicability.

    (a) The regulations in this subpart apply to owners and operators of 
facilities that treat, store, or dispose of hazardous wastes (except as 
provided in Sec. 265.1).
    (b) Except for Secs. 265.1034(d) and (e), this subpart 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) Units that are subject to the permitting requirements of part 
270, or
    (2) Hazardous waste recycling units that are located on hazardous 
waste management facilities otherwise subject to the permitting 
requirements of part 270.

    [Note: The requirements of Secs. 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 Secs. 261.4, 262.34, and 
265.1(c) are not affected by these requirements.]

[55 FR 25507, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991]



Sec. 265.1031  Definitions.

    As used in this subpart, all terms shall have the meaning given them 
in Sec. 264.1031, the Act, and parts 260-266.



Sec. 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

[[Page 449]]

    (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 Sec. 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 Sec. 265.1034(c).
    (d) When an owner or operator and the Regional Administrator 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 Sec. 265.1034(c) 
shall be used to resolve the disagreement.



Sec. 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 part shall comply with 
the provisions of this section.
    (2) 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 subpart on the effective date that the facility becomes subject to 
the provisions of this subpart 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 subpart for installation and startup. All units that begin 
operation after December 21, 1990 must comply with the rules immediately 
(i.e., must have control devices installed and operating on startup of 
the affected unit); the 2-year implementation schedule does not apply to 
these units.
    (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 Sec. 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  deg.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 11.2 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 7.45 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 

[[Page 450]]

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 subpart. 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:

                                                                                                                
                                                              n                                                 
                                                                                                                
                                         HT=K   <3-ln [>     CiHi   <3-ln ]>                           
                                                                                                                
                                                             i=1                                                
                                                                                                                
                                                                                                                
                                                                                                                

where:

HT=Net heating value of the sample, MJ/scm; where the net enthalpy 
          per mole of offgas is based on combustion at 25  deg.C and 760 
          mm Hg, but the standard temperature for determining the volume 
          corresponding to 1 mol is 20  deg.C;
K=Constant, 1.74 x 10-7 (1/ppm) (g mol/scm) (MJ/kcal) where 
          standard temperature for (g mol/scm) is 20  deg.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 Sec. 260.11); 
          and
Hi=Net heat of combustion of sample component i, kcal/g mol at 25 
          deg.C and 760 mm Hg. The heats of combustion may be determined 
          using ASTM D 2382-83 (incorporated by reference as specified 
          in Sec. 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, Vmax, for a flare 
complying with paragraph (d)(4)(iii) of this section shall be determined 
by the following equation:

Log10(Vmax)=(HT+28.8)/31.7

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:

Vmax = 8.706 + 0.7084 (HT)

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:

[[Page 451]]

    (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  deg.C or 
0.5  deg.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  deg.C or 
0.5  deg.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  deg.C or 
0.5  deg.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 at two 
locations and have an accuracy of 1 percent of the 
temperature being monitored in  deg.C or 0.5  deg.C, 
whichever is greater. One temperature sensor shall be installed at a 
location in the exhaust vent stream from the condenser, and a second 
temperature sensor shall be installed at a location in the coolant fluid 
exiting the condenser.
    (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 Sec. 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

[[Page 452]]

of the time required to consume the total carbon working capacity 
established as a requirement of Sec. 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 
Sec. 265.1035(b)(4)(iii)(G).
    (i) 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.
    (j)(1) Closed-vent systems shall be designed for and operated with 
no detectable emissions, as indicated by an instrument reading of less 
than 500 ppm above background and by visual inspections, as determined 
by the methods specified as Sec. 265.1034(b).
    (2) Closed-vent systems shall be monitored to determine compliance 
with this section during the initial leak detection monitoring, which 
shall be conducted by the date that the facility becomes subject to the 
provisions of this section, annually, and at other times as requested by 
the Regional Administrator. For the annual leak detection monitoring 
after the initial leak detection monitoring, the closed-vent system 
components which continuously operate under negative pressure or those 
closed-vent system joints, seams, or other connections that are 
permanently or semi-permanently sealed (e.g., a welded joint between two 
sections of metal pipe or a bolted and gasketed pipe flange).
    (3) Detectable emissions, as indicated by an instrument reading 
greater than 500 ppm and visual inspections, shall be controlled as soon 
as practicable, but not later than 15 calendar days after the emission 
is detected.
    (4) A first attempt at repair shall be made no later than 5 calendar 
days after the emission is detected.
    (k) Closed-vent systems and control devices used to comply with 
provisions of this subpart shall be operated at all times when emissions 
may be vented to them.
    (l) The owner or operator using a carbon adsorption system 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 volatile organic concentration of the carbon:
    (1) Regenerated or reactivated in a thermal treatment unit for which 
the owner or operator has been issued a final permit under 40 CFR part 
270, and designs and operates the unit in accordance with the 
requirements of 40 CFR part 264 subpart X;
    (2) Incinerated in a hazardous waste incinerator for which the owner 
or operator either:
    (i) Has been issued a final permit under 40 CFR part 270, and 
designs and operates the unit in accordance with the requirements of 40 
CFR part 264 subpart O; or
    (ii) Has certified compliance with the interim status requirements 
of subpart O of this part; or
    (3) Burned in a boiler or industrial furnace for which the owner or 
operator either:
    (i) Has been issued a final permit under 40 CFR part 270, and 
designs and operates the unit in accordance with the requirements of 40 
CFR part 266, subpart H; or
    (ii) Has certified compliance with the interim status requirements 
of 40 CFR part 266, subpart H.

[59 FR 62935, Dec. 6, 1994, as amended at 61 FR 4913, Feb. 9, 1996]

    Effective Date Note: At 59 FR 62935, Dec. 6, 1994, in Sec. 265.1033, 
paragraph (j)(2) was revised and paragraph (l) was added, effective June 
5, 1995. At 60 FR 26828, May 19, 1995, the effective date was delayed to 
Dec. 6, 1995; at 60 FR 56952, Nov. 13, 1995, the effective date was 
delayed to June 6, 1996; and at 61 FR 28508, June 5, 1996, the effective 
date was further delayed to Oct. 6, 1996. For the convenience of the 
reader, the superseded material is set forth as follows:

[[Page 453]]

Sec. 265.1033 Standards: Closed-vent systems and control devices.
                                * * * * *
    (j)(1) * * *
    (2) Closed-vent systems shall be monitored to determine compliance 
with this section during the initial leak detection monitoring which 
shall be conducted by the date that the facility becomes subject to the 
provisions of this section, annually, and at other times as requested by 
the Regional Administrator.
                                * * * * *


Sec. 265.1034  Test methods and procedures.

    (a) Each owner or operator subject to the provisions of this subpart 
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 Sec. 265.1033(j), 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 Sec. 265.1032(a) 
and with the total organic compound concentration limit of 
Sec. 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 in 40 CFR part 60 for organic content.
    (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:

                                                                                                                                                        
                                                                         n                                                                              
                                                                                                                                                        
                                                  Eh=Qsd   <3-ln [>      CiMWi   <3-ln ]>   [0.0416] [10-6]                                    
                                                                                                                                                        
                                                                        i=1                                                                             
                                                                                                                                                        
                                                                                                                                                        
                                                                                                                                                        

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.

    (v) The annual total organic emission rate shall be determined by 
the following equation:

EA=(Eh) (H)

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 

[[Page 454]]

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 Regional Administrator'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 subpart, 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 9060 or 8240 
of SW-846 (incorporated by reference under Sec. 260.11).
    (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

[[Page 455]]

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 subpart 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 Regional Administrator 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 procedures in Method 8240 can be used to 
resolve the dispute.

[55 FR 25507, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991]



Sec. 265.1035  Recordkeeping requirements.

    (a)(1) Each owner or operator subject to the provisions of this 
subpart 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 subpart 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 
Sec. 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 subpart.
    (2) Up-to-date documentation of compliance with the process vent 
standards in Sec. 265.1032. including:
    (i) Information and data identifying all affected process vents, 
annual throughput end 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

[[Page 456]]

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 Sec. 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 Sec. 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 
Sec. 260.11) or other engineering texts acceptable to the Regional 
Administrator 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 
Sec. 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.

[[Page 457]]

    (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 
Sec. 265.1032(a) is achieved at an efficiency less than 95 weight 
percent or the total organic emission limits of Sec. 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 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 Sec. 265.1033(f)(1) and (f)(2).
    (3) Monitoring, operating and inspection information required by 
paragraphs (f) through (j) of Sec. 265.1033.
    (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 seconds at a minimum temperature of 760 
deg.C. period when the combustion temperature is below 760  deg.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  deg.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  deg.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  deg.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 Sec. 265.1033(f)(2)(vi)(A), 
period when the organic compound concentration

[[Page 458]]

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 Sec. 265.1033(f)(2)(vi)(B), 
period when:
    (A) Temperature of the exhaust vent stream from the condenser is 
more than 6  deg.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  deg.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 Sec. 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 Sec. 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 Sec. 265.1033(g) or Sec. 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 Sec. 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.
    (d) Records of the monitoring, operating, and inspection information 
required by paragraphs (c)(3) through (c)(8) of this section need be 
kept only 3 years.
    (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 Sec. 265.1032 including 
supporting documentation as required by Sec. 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.

[55 FR 25507, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991]
Secs. 265.1036--265.1049  [Reserved]



         Subpart BB--Air Emission Standards for Equipment Leaks

    Source: 55 FR 25512, June 21, 1990, unless otherwise noted.



Sec. 265.1050  Applicability.

    (a) The regulations in this subpart apply to owners and operators of 
facilities that treat, store, or dispose of hazardous wastes (except as 
provided in Sec. 265.1).
    (b) Except as provided in Sec. 265.1064(j), this subpart applies to 
equipment that contains or contacts hazardous wastes with organic 
concentrations of at least

[[Page 459]]

10 percent by weight that are managed in:
    (1) Units that are subject to the permitting requirements of part 
270, or
    (2) Hazardous waste recycling units that are located on hazardous 
waste management facilities otherwise subject to the permitting 
requirements of part 270.
    (c) Each piece of equipment to which this subpart 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 Sec. 265.1052 to Sec. 265.1060 if it is identified as 
required in Sec. 265.1064(g)(5).

    [Note: The requirements of Secs. 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 Secs. 261.4, 
262.34, and 265.1(c) are not affected by these requirements.]



Sec. 265.1051  Definitions.

    As used in this subpart, all terms shall have the meaning given them 
in Sec. 264.1031, the Act, and parts 260-266.



Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 
Sec. 265.1064(g)(2), for no detectable emissions, as indicated by an

[[Page 460]]

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 Sec. 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 Regional Administrator.
    (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 Sec. 265.1060, it 
is exempt from the requirements of paragraphs (a) through (e) of this 
section.

[55 FR 25512, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991]



Sec. 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 Sec. 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 Sec. 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 Sec. 265.1060, 
except as provided in paragraph (i) of this section.
    (i) Any compressor that is designated, as described in 
Sec. 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 Sec. 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 Regional Administrator.

[[Page 461]]



Sec. 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 Sec. 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 Sec. 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 
Sec. 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 Sec. 265.1060 is 
exempt from the requirements of paragraphs (a) and (b) of this section.



Sec. 265.1055  Standards: Sampling connecting systems.

    (a) Each sampling connection system shall be equipped with a closed-
purge system or closed-vent system.
    (b) Each closed-purge system or closed-vent system as required in 
paragraph (a) shall:
    (1) Return the purged hazardous waste stream directly to the 
hazardous waste management process line with no detectable emissions to 
atmosphere, or
    (2) Collect and recycle the purged hazardous waste stream with no 
detectable emissions to atmosphere, or
    (3) Be designed and operated to capture and transport all the purged 
hazardous waste stream to a control device that complies with the 
requirements of Sec. 265.1060.
    (c) In situ sampling systems are exempt from the requirements of 
paragraphs (a) and (b) of this section.



Sec. 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.



Sec. 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 
Sec. 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 Secs. 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 Sec. 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:

[[Page 462]]

    (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 
Sec. 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 Sec. 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 Regional Administrator.
    (g) Any valve that is designated, as described in 
Sec. 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 
Sec. 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.



Sec. 265.1058  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 
Sec. 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 Sec. 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 Sec. 265.1057(e).



Sec. 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 
Sec. 265.1060.

[[Page 463]]

    (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.



Sec. 265.1060  Standards: Closed-vent systems and control devices.

    Owners or operators of closed-vent systems and control devices shall 
comply with the provisions of Sec. 265.1033.



Sec. 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 
Sec. 265.1057 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) An owner or operator must notify the Regional Administrator that 
the owner or operator has elected to comply with the requirements of 
this section.
    (2) 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 Regional Administrator.
    (3) If a valve leak is detected, it shall be repaired in accordance 
with Sec. 265.1057 (d) and (e).
    (c) Performance tests shall be conducted in the following manner:
    (1) All valves subject to the requirements in Sec. 265.1057 within 
the hazardous waste management unit shall be monitored within 1 week by 
the methods specified in Sec. 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 Sec. 265.1057 for which leaks 
are detected by the total number of valves subject to the requirements 
in Sec. 265.1057 within the hazardous waste management unit.
    (d) If an owner or operator decides no longer to comply with this 
section, the owner or operator must notify the Regional Administrator in 
writing that the work practice standard described in Sec. 265.1057 (a) 
through (e) will be followed.



Sec. 265.1062  Alternative standards for valves in gas/vapor service or in light liquid service: skip period leak detection and repair.

    (a)(1) An owner or operator subject to the requirements of 
Sec. 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.
    (2) An owner or operator must notify the Regional Administrator 
before implementing one of the alternative work practices.
    (b)(1) An owner or operator shall comply with the requirements for 
valves, as described in Sec. 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 for the valves subject to the requirements in Sec. 265.1057.
    (3) After five consecutive quarterly leak detection periods with the 
percentage of valves leaking equal to or

[[Page 464]]

less than 2 percent, an owner or operator may begin to skip three of the 
quarterly leak detection periods for the valves subject to the 
requirements in Sec. 265.1057.
    (4) If the percentage of valves leaking is greater than 2 percent, 
the owner or operators shall monitor monthly in compliance with the 
requirements in Sec. 265.1057, but may again elect to use this section 
after meeting the requirements of Sec. 265.1057(c)(1).



Sec. 265.1063  Test methods and procedures.

    (a) Each owner or operator subject to the provisions of this subpart 
shall comply with the test methods and procedures requirements provided 
in this section.
    (b) Leak detection monitoring, as required in Secs. 265.1052 through 
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 Secs. 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 
Sec. 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 (incorporated by reference under Sec. 260.11);
    (2) Method 9060 or 8240 of SW-846 (incorporated by reference under 
Sec. 260.11); 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 Regional Administrator do not 
agree on whether a piece of equipment contains or contacts a hazardous 
waste with organic concentrations at least 10

[[Page 465]]

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 Sec. 260.11).
    (i) Performance tests to determine if a control device achieves 95 
weight percent organic emission reduction shall comply with the 
procedures of Sec. 265.1034 (c)(1) through (c)(4).



Sec. 265.1064  Recordkeeping requirements.

    (a)(1) Each owner or operator subject to the provisions of this 
subpart 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 subpart 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 subpart BB of part 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 
Sec. 265.1033(a)(2), an implementation schedule as specified in 
Sec. 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 Sec. 265.1035(b)(3).
    (4) Documentation of compliance with Sec. 265.1060, including the 
detailed design documentation or performance test results specified in 
Sec. 265.1035(b)(4).
    (c) When each leak is detected as specified in Secs. 265.1052, 
265.1053, 265.1057, and 265.1058, 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 Sec. 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 Sec. 265.1057(c) and 
no leak has been detected during those 2 months.
    (d) When each leak is detected as specified in Secs. 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 Sec. 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 Sec. 265.1063(b) after each repair attempt is 
equal to or greater than 10,000 ppm.

[[Page 466]]

    (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 Sec. 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 Sec. 265.1060 shall be recorded and kept 
up-to-date in the facility operating record as specified in 
Sec. 265.1035(c). Design documentation is specified in Sec. 265.1035 
(c)(1) and (c)(2) and monitoring, operating, and inspection information 
in Sec. 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 Secs. 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 subpart.
    (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 Secs. 265.1052(e), 265.1053(i), and 
265.1057(f).
    (ii) The designation of this equipment as subject to the 
requirements of Secs. 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 Sec. 265.1054(a).
    (4)(i) The dates of each compliance test required in 
Secs. 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.
    (h) The following information pertaining to all valves subject to 
the requirements of Sec. 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 Sec. 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 Secs. 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 subpart and other 
specific subparts:
    (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

[[Page 467]]

unit subject to the requirements in Secs. 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 Secs. 265.1052 through 265.1060. The record shall 
include supporting documentation as required by Sec. 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 Secs. 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 that is subject to this 
subpart and to regulations at 40 CFR part 60, subpart VV, or 40 CFR part 
61, subpart V, may elect to determine compliance with this subpart by 
documentation either pursuant to Sec. 265.1064 of this subpart, or 
pursuant to those provisions of 40 CFR part 60 or 61, to the extent that 
the documentation under the regulation at 40 CFR part 60 or part 61 
duplicates the documentation required under this subpart. The 
documentation under the regulation at 40 CFR part 60 or part 61 shall be 
kept with or made readily available with the facility operating record.

[55 FR 25512, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991]
Secs. 265.1065--265.1079  [Reserved]



Subpart CC--Air Emission Standards for Tanks, Surface Impoundments, and 
                               Containers

    Source: 59 FR 62935, Dec. 6, 1994, unless otherwise noted.

    Effective Date Note: At 59 FR 62935, Dec. 6, 1994, Subpart CC, 
Secs. 265.1080 through 265.1091 was added. At 60 FR 26828, May 19, 1995, 
the effective date was delayed to Dec. 6, 1995, at 60 FR 56952, Nov. 13, 
1995, the effective date was delayed to June 6, 1996, and at 61 FR 
28508, June 5, 1996, the effective date was further delayed to Oct. 6, 
1996.



Sec. 265.1080  Applicability.

    (a) The requirements of this subpart 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 subparts I, 
J, or K of this part except as Sec. 265.1 and paragraph (b) of this 
section provide otherwise.
    (b) The requirements of this subpart 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 October 6, 1996, and in which no hazardous waste is added to 
the unit on or after this date.
    (2) A container that has a design capacity less than or equal to 0.1 
m\3\.
    (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 generated 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.
    (c) For the owner and operator of a facility subject to this subpart 
who has received a final permit under RCRA section 3005 prior to October 
6, 1996, the following requirements apply:
    (1) The requirements of 40 CFR part 264, subpart CC shall be 
incorporated

[[Page 468]]

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 40 CFR 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 40 CFR 270.50(d), the owner and operator is subject to 
the requirements of this subpart.
    (d) The requirements of this subpart, except for the recordkeeping 
requirements specified in Sec. 265.1090(i) of this subpart, 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 documentation, in accordance with 
the requirements of Sec. 265.1090(i) of this subpart, explaining why an 
undue safety hazard would be created if air emission controls specified 
in Secs. 265.1085 through 265.1088 of this subpart 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 Regional Administrator 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.

[59 FR 62935, Dec. 6, 1994, as amended at 60 FR 26829, May 19, 1995; 60 
FR 50429, Sept. 29, 1995; 60 FR 56953, Nov. 13, 1995; 61 FR 28510, June 
5, 1996]



Sec. 265.1081  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given to them in the Act and parts 260 through 266 of this 
chapter.
    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 
Sec. 265.1084 of this subpart.
    Cover means a device or system which is placed on or over a 
hazardous waste to create an air-tight barrier between the entire 
hazardous waste surface area and the space surrounding the unit, such 
that air emissions to the atmosphere are reduced. A cover may have 
openings such as access hatches, sampling ports, and gauge wells that 
are necessary for operation, inspection, maintenance, or repair of the 
unit on which the cover is installed provided that each opening is 
closed and sealed when not in use. Examples of covers include a fixed 
roof installed on a tank, a floating membrane cover installed on a 
surface impoundment, and a lid installed on a drum.
    Enclosure means a structure that: (1) Surrounds a hazardous waste 
management unit, captures organic vapors emitted from that unit, and 
vents the vapors through a closed vent system to a control device; and 
(2) 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'' in 
Appendix B of Sec. 52.741.

[[Page 469]]

    External floating roof means a pontoon or double-deck type floating 
roof that rests on the surface of a hazardous waste being managed in a 
tank that has no fixed roof.
    Fixed roof means a rigid cover that is installed in a stationary 
position so that it does not move with fluctuations in the level of the 
hazardous waste placed in a tank.
    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 pontoon-type or double-deck type cover that 
rests upon and is supported by the hazardous waste being managed in a 
tank, and is equipped with a closure seal or seals to close the space 
between the cover edge and the tank wall.
    Internal floating roof means a floating roof that rests or floats on 
the surface (but not necessarily in complete contact with it) of a 
hazardous waste being managed in 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.
    Maximum organic vapor pressure means the equilibrium partial 
pressure exerted by the hazardous waste contained in a tank determined 
at the temperature equal to either: (1) the local maximum monthly 
average temperature as reported by the National Weather Service when the 
hazardous waste is stored or treated at ambient temperature; or (2) the 
highest calendar-month average temperature of the hazardous waste when 
the hazardous waste is stored at temperatures above the ambient 
temperature or when the hazardous waste is stored or treated at 
temperatures below the ambient temperature.
    No detectable organic emissions means no escape of organics from a 
device or system to the atmosphere as determined by an instrument 
reading less than 500 parts per million by volume (ppmv) above the 
background level at each joint, fitting, and seal when measured in 
accordance with the requirements of Method 21 in 40 CFR part 60, 
appendix A, and by no visible openings or defects in the device or 
system such as rips, tears, or gaps.
    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 40 CFR part 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 
exits a waste management unit used to destroy, degrade, or remove 
organics in the hazardous waste.
    Vapor-mounted seal means a foam-filled primary seal mounted 
continuously around the circumference of the tank so that there is an 
annular vapor space underneath the seal. The annular vapor space is 
bounded by the bottom of the primary seal, the tank wall, the hazardous 
waste surface, and the floating roof.
    Volatile organic concentration or VO concentration means the 
fraction by weight of organic compounds in a hazardous waste expressed 
in terms of parts per million (ppmw) as determined by direct measurement 
using Method 25D or by knowledge of the waste in accordance with the 
requirements of Sec. 265.1084 of this subpart.
    Waste determination means performing all applicable procedures in 
accordance with the requirements of Sec. 265.1084 of this subpart to 
determine whether a hazardous waste meets standards specified in this 
subpart. Examples of a waste determination include performing the 
procedures in accordance with the requirements of Sec. 265.1084 of this

[[Page 470]]

subpart 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 biodegradation 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 
9095 (Paint Filter Liquids Test) in ``Test Methods for Evaluating Solid 
Waste, Physical/Chemical Methods,'' EPA Publication No. SW-846, Third 
Edition, September 1986, as amended by Update I, November 15, 1992 
(incorporated by reference--refer to Sec. 260.11 of this chapter). 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.

[59 FR 62935, Dec. 6, 1994, as amended at 61 FR 4914, Feb. 9, 1996]



Sec. 265.1082  Schedule for implementation of air emission standards.

    (a) Owners or operators of facilities existing on October 6, 1996, 
and subject to subparts I, J, and K of this part shall meet the 
following requirements:
    (1) Install and begin operation of all control equipment required by 
this subpart by October 6, 1996, except as provided for in paragraph 
(a)(2) of this section.
    (2) When control equipment required by this subpart cannot be 
installed and in operation by October 6, 1996, the owner or operator 
shall:
    (i) Install and begin operation of the control equipment 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 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 
subpart.
    (iii) For facilities subject to the recordkeeping requirements of 
Sec. 265.73 of this part, 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 October 6, 1996.
    (iv) For facilities not subject to Sec. 265.73 of this part, 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 October 6, 1996.
    (b) Owners or operators of facilities in existence on the effective 
date of statutory or regulatory amendments under the Act that render the 
facility subject to subparts I, J, or K of this part shall meet the 
following requirements:
    (1) Install and begin operation of all control equipment required by 
this subpart by the effective date of the amendment except as provided 
for in paragraph (b)(2) of this section.
    (2) When control equipment required by this subpart cannot be 
installed and begin operation by the effective date of the amendment, 
the owner or operator shall:
    (i) Install and operate the control equipment 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 
Sec. 265.73, 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 Sec. 265.73, the owner or 
operator shall

[[Page 471]]

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. I11(c) The Regional Administrator 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 subpart.

[59 FR 62935, Dec. 6, 1994, as amended at 60 FR 26829, May 19, 1995; 60 
FR 56954, Nov. 13, 1995; 61 FR 28510, June 5, 1996]



Sec. 265.1083  Standards: General.

    (a) This section applies to the management of hazardous waste in 
tanks, surface impoundments, and containers subject to this subpart.
    (b) The owner or operator shall control air emissions from each 
waste management unit in accordance with standards specified in 
Sec. 265.1085 through Sec. 265.1088 of this subpart, as applicable to 
the waste management unit, except as provided for in paragraph (c) of 
this section.
    (c) A waste management unit is exempted from standards specified in 
Sec. 265.1085 through Sec. 265.1088 of this subpart provided that all 
hazardous waste placed in the waste management unit is determined by the 
owner or operator to meet either of the following conditions:
    (1) The average VO concentration of the hazardous waste at the point 
of waste origination is less than 100 parts per million by weight 
(ppmw). The average VO concentration shall be determined by the 
procedures specified in Sec. 265.1084(a) of this subpart.
    (2) The organic content of the hazardous waste 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 Sec. 265.1084(b) of this subpart.
    (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 50 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 Sec. 265.1084(b) of this subpart.
    (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 Sec. 265.1084(b) of this subpart.
    (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 in accordance with the procedures 
specified in Sec. 265.1084(b) of this subpart.
    (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

[[Page 472]]

and the actual organic mass biodegradation rate for the process shall be 
determined using the procedures specified in Sec. 265.1084(b) of this 
subpart.
    (v) A process that removes or destroys the organics contained in the 
hazardous waste and meets all of the following conditions:
    (A) All of the materials entering the process are hazardous wastes.
    (B) From the point of waste origination through the point where the 
hazardous waste enters the process, the hazardous waste is continuously 
managed in waste management units which use air emission controls in 
accordance with the standards specified in Sec. 265.1085 through 
Sec. 265.1088 of this subpart, as applicable to the waste management 
unit.
    (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 
hazardous waste streams entering the process or 100 ppmw, whichever 
value is lower. The average VO concentration of each individual 
hazardous waste stream at the point of waste origination shall be 
determined using the procedure specified in Sec. 265.1084(a) of this 
subpart. The average VO concentration of the hazardous waste at the 
point of waste treatment shall be determined using the procedure 
specified in Sec. 265.1084(b) of this subpart.
    (vi) A hazardous waste incinerator for which the owner or operator 
has either:
    (A) Been issued a final permit under 40 CFR part 270, and designs 
and operates the unit in accordance with the requirements of 40 CFR part 
264, subpart O; or
    (B) Has certified compliance with the interim status requirements of 
subpart O of this part.
    (vii) A boiler or industrial furnace for which the owner or operator 
has either:
    (A) Been issued a final permit under 40 CFR part 270, and designs 
and operates the unit in accordance with the requirements of 40 CFR part 
266, subpart H, or
    (B) Has certified compliance with the interim status requirements of 
40 CFR part 266, subpart H.
    (d) When a process is used for the purpose of treating a hazardous 
waste to meet one of the sets of conditions specified in paragraphs 
(c)(2)(i) through (c)(2)(v) of this section, each material removed from 
or exiting the process that is a hazardous waste shall be managed in a 
waste management unit in accordance with the requirements of paragraph 
(b) of this section.
    (e) The Regional Administrator 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 Sec. 265.1084(a) of this subpart. The waste determination for a 
hazardous waste at the point of waste treatment shall be performed in 
accordance with the applicable requirements of Sec. 265.1084(b) of this 
subpart.
    (2) In a case when the owner or operator is requested to perform the 
waste determination, the Regional Administrator may elect to have an 
authorized representative observe the collection of the hazardous waste 
samples used for the analysis.
    (3) In a case when the results of the waste determination performed 
or requested by the Regional Administrator 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 (e)(1) of 
this section shall be used to establish compliance with the requirements 
of this subpart.
    (4) 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 Regional 
Administrator may elect to establish compliance with this subpart by 
performing or requesting that the owner or operator perform a waste

[[Page 473]]

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 Sec. 265.1084(a) of this subpart.
    (ii) Results of the waste determination performed or requested by 
the Regional Administrator showing that the average VO concentration of 
the hazardous waste at the point of waste origination is equal to or 
greater than 100 ppmw shall constitute noncompliance with this subpart 
except in a case as provided for in paragraph (e)(4)(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 100 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 100 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 Sec. 265.1084(a) and Sec. 265.1090 of this 
subpart shall be considered by the Regional Administrator together with 
the results of the waste determination performed or requested by the 
Regional Administrator in establishing compliance with this subpart.

[59 FR 62935, Dec. 6, 1994, as amended at 61 FR 4914, Feb. 9, 1996]



Sec. 265.1084  Waste determination procedures.

    (a) Waste determination procedure for 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 
Sec. 265.1083(c)(1) of this subpart from using air emission controls in 
accordance with standards specified in Sec. 265.1085 through 
Sec. 265.1088 of this subpart, as applicable to the waste management 
unit.
    (2) When the facility owner or operator is the generator of the 
hazardous waste, the owner or operator shall determine the average VO 
concentration of the hazardous waste using either direct measurement as 
specified in paragraph (a)(5) of this section or knowledge of the waste 
as specified in paragraph (a)(6) of this section for each hazardous 
waste generated as follows:
    (i) When the hazardous waste is generated as part of a continuous 
process, the owner or operator shall:
    (A) Perform an initial waste determination of the average VO 
concentration of the waste stream before the first time any portion of 
the material in the waste stream is placed in a waste management unit 
subject to this subpart, 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
    (B) 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 Sec. 265.1083 of this subpart.
    (ii) When the hazardous waste is generated as part of a batch 
process that is performed repeatedly but not necessarily continuously, 
the owner or operator shall:
    (A) Perform an initial waste determination of the average VO 
concentration for one or more representative waste batches generated by 
the process before the first time any portion of the material in the 
batches is placed in a waste management unit subject to this subpart, 
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
    (B) Perform a new waste determination whenever changes to the 
process

[[Page 474]]

generating the waste batches 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 Sec. 265.1083 of this subpart.
    (iii) When the hazardous waste is generated as part of a batch 
process that is not performed repeatedly, the owner or operator shall 
perform a waste determination of the VO concentration of the waste in 
the batch. The result of this waste determination is the average VO 
concentration for that waste.
    (3) When the facility owner and operator is not the generator of the 
hazardous waste, the owner or operator shall determine the average VO 
concentration of the hazardous waste using either direct measurement as 
specified in paragraph (a)(5) of this section or knowledge of the waste 
as specified in paragraph (a)(6) of this section for each hazardous 
waste entering the facility as follows:
    (i) When the hazardous waste enters the facility as a continuous 
flow of material through a pipeline or other means (e.g., wastewater 
stream), the owner or operator shall:
    (A) Perform an initial waste determination of the waste stream 
before the first time any portion of the material in the waste stream is 
placed in a waste management unit subject to this subpart, 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
    (B) 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 Sec. 265.1083 of this subpart.
    (ii) When the hazardous waste enters the facility in a container, 
the owner or operator shall perform a waste determination for the 
material held in each container.
    (4) For the case when the average VO concentration of the hazardous 
waste is determined by the owner or operator to be less than 100 ppmw, 
but because of normal operating variations in the source or process 
generating the hazardous waste the VO concentration of the hazardous 
waste may be equal to or greater than 100 ppmw at any given time during 
the averaging period, the owner or operator shall prepare and enter in 
the facility operating record information that specifies the following:
    (i) The maximum and minimum VO concentration values for the 
hazardous waste that occur during that averaging period used for the 
waste determination;
    (ii) The operating conditions or circumstances under which the VO 
concentration of the hazardous waste will be equal to or greater than 
100 ppmw, and;
    (iii) The information and calculations used by the owner or operator 
to determine the average VO concentration of the hazardous waste.
    (5) Procedure for using direct measurement to determine average VO 
concentration of a hazardous waste at the point of waste origination.
    (i) The owner or operator shall identify and record the point of 
waste origination for the hazardous waste. All waste samples used to 
determine the average VO concentration of the hazardous waste shall be 
collected at this point.
    (ii) The owner or operator shall designate and record the averaging 
period to be used for determining the average VO concentration for the 
hazardous waste. The averaging period shall not exceed 1 year. An 
initial waste determination shall be performed for each averaging 
period.
    (iii) The owner or operator shall identify each discrete quantity of 
the material composing the hazardous waste represented by the averaging 
period designated in paragraph (a)(5)(ii) of this section. An example of 
a discrete quantity of material composing a hazardous waste generated as 
part of a continuous process is the quantity of material generated 
during a process operating mode defined by a specific set of operating 
conditions which are normal for the process. An example of a discrete 
quantity of material composing a hazardous waste generated as

[[Page 475]]

part of a batch process that is performed repeatedly but not necessarily 
continuously is the total quantity of material composing a single batch 
generated by the process. An example of a discrete quantity of material 
composing a hazardous waste delivered to a facility in a container is 
the total quantity of material held in the container.
    (iv) The following procedure shall be used to measure the VO 
concentration for each discrete quantity of material identified in 
paragraph (a)(5)(iii) of this section:
    (A) A sufficient number of samples, but no less than four samples, 
shall be collected to represent the organic composition for the entire 
discrete quantity of hazardous waste being tested. All of the samples 
shall be collected within a 1-hour period. Sufficient information 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.
    (B) Each sample shall be collected in accordance with the 
requirements specified in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication No. SW-846, Third Edition, 
September 1986, as amended by Update I, November 15, 1992 (incorporated 
by reference--refer to Sec. 260.11 of this chapter).
    (C) Each collected sample shall be prepared and analyzed in 
accordance with the requirements of Method 25D in 40 CFR part 60, 
appendix A.
    (D) The measured VO concentration for the discrete quantity of 
hazardous waste shall be determined by using the results for all samples 
analyzed in accordance with paragraph (a)(5)(iv)(C) of this section and 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR06DE94.003

where:

C=Measured VO concentration of the discrete quantity of hazardous waste, 
ppmw.
i=Individual sample ``i'' of the hazardous waste collected in accordance 
with the requirements of SW-846.
n=Total number of samples of hazardous waste collected (at least 4) 
within a 1-hour period.
Ci=VO concentration measured by Method 25D for sample ``i'', ppmw.

    (v) The average VO concentration of the hazardous waste shall be 
determined using the following procedure:
    (A) When the facility owner or operator is the generator of the 
hazardous waste, a sufficient number of VO concentration measurements 
for the hazardous waste shall be performed in accordance with the 
requirements of paragraph (a)(5)(iv) of this section to represent the 
complete range of hazardous waste organic compositions and quantities 
that occur during the entire averaging period due to normal variations 
in the operating conditions for each process operating mode identified 
for the source or process generating the hazardous waste.
    (B) When the facility owner or operator is not the generator of the 
hazardous waste, a sufficient number of VO concentration measurements 
for the hazardous waste shall be performed in accordance with the 
requirements of paragraph (a)(5)(iv) of this section to represent the 
complete range of hazardous waste organic compositions and quantities 
that occur in the hazardous waste as received at the facility during the 
entire averaging period.
    (C) The average VO concentration of the hazardous waste at the point 
of waste origination shall be calculated by using the results for all VO 
measurements performed in accordance with paragraph (a)(5)(iv) of this 
section and the following equation:
[GRAPHIC] [TIFF OMITTED] TR09FE96.015

where:

C=Average VO concentration of the hazardous waste, at the point of waste 
origination, ppmw.
j=Individual discrete quantity ``j'' of the hazardous waste for which a 
VO concentration measurement is determined in accordance with the 
requirements of paragraph (a)(5)(iv) of this section.

[[Page 476]]

m=Total number of VO concentration measurements determined in accordance 
with the requirements of paragraph (a)(5)(iv) of this section for the 
averaging period.
Qj=Mass of the discrete quantity of the hazardous waste represented 
by Cj, kg.
QT=Total mass of the hazardous waste for the averaging period, kg.
Cj=Measured VO concentration of discrete quantity ``j'' for the 
hazardous waste determined in accordance with the requirements of 
paragraph (a)(5)(iv) of this section, ppmw.

    (6) Procedure for using knowledge of the waste to determine the 
average VO concentration of a hazardous waste at the point of waste 
origination.
    (i) The owner or operator shall identify and record the point of 
waste origination for the hazardous waste. All information used to 
determine the average VO concentration of the hazardous waste shall be 
based on the hazardous waste composition at this point.
    (ii) The owner or operator shall designate and record the averaging 
period to be used for determining the average VO concentration for the 
hazardous waste. The averaging period shall not exceed 1 year. An 
initial waste determination shall be performed for each averaging 
period.
    (iii) The owner or operator shall prepare and record sufficient 
information that documents the average VO concentration for the 
hazardous waste. Information may be used that is prepared by either the 
facility owner or operator or by the generator of the hazardous waste. 
Examples of information that may be used as the basis for knowledge of 
the waste include: organic material balances for the source or process 
generating the waste; VO concentration measurements for the same type of 
waste performed in accordance with the procedure specified in paragraph 
(a)(5)(iv) of this section; previous individual organic constituent test 
data for the waste that are still applicable to the current waste 
management practices; documentation that the waste is generated by a 
process for which no organics-containing materials are used; previous 
test data for other locations managing the same type of waste; or other 
knowledge based on manifests, shipping papers, or waste certification 
notices.
    (iv) If test data other than VO concentration measurements performed 
in accordance with the procedure specified in paragraph (a)(5)(iv) of 
this section are used as the basis for knowledge of the waste, 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 individual organic constituent 
concentration test data that are validated in accordance with Method 301 
in appendix A of 40 CFR part 63 as the basis for knowledge of the waste.
    (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 Sec. 265.1083(c)(2) of 
this subpart from using air emission controls in accordance with 
standards specified in Sec. 265.1085 through Sec. 265.1088 of this 
subpart, as applicable to the waste management unit.
    (2) The owner or operator shall perform a waste determination for 
each discrete quantity of treated hazardous waste as follows:
    (i) When the hazardous waste is treated by a continuous process, the 
owner or operator shall:
    (A) Perform an initial waste determination for the treated waste 
stream before the first time any portion of the material in the waste 
stream is placed in a waste management unit subject to this subpart, 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
    (B) Perform a new waste determination whenever changes to the 
hazardous waste streams fed to the process are reasonably likely to 
cause the characteristics of the hazardous waste at the point of waste 
treatment to change to levels that fail to achieve

[[Page 477]]

the applicable conditions specified in Sec. 265.1083(c)(2) of this 
subpart.
    (ii) When the hazardous waste is treated by a batch process that is 
performed repeatedly but not necessarily continuously, the owner or 
operator shall:
    (A) Perform an initial waste determination for the treated hazardous 
waste in one or more representative batches treated by the process, 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
    (B) Perform a new waste determination whenever changes to the 
hazardous waste treated by the process are reasonably likely to cause 
the characteristics of the hazardous waste at the point of waste 
treatment to change to levels that fail to achieve the applicable 
conditions specified in Sec. 265.1083(c)(2) of this subpart.
    (iii) When the hazardous waste is treated by a batch process that is 
not performed repeatedly, the owner or operator shall perform a waste 
determination for the treated waste in the batch. The result of this 
waste determination is the average VO concentration for that waste.
    (3) The owner or operator shall designate and record the specific 
provision in Sec. 265.1083(c)(2) of this subpart for 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)(4) through (b)(10) of this 
section.
    (4) Procedure to determine the average VO concentration of a 
hazardous waste at the point of waste treatment.
    (i) The owner or operator shall identify and record the point of 
waste treatment for the hazardous waste. All waste samples used to 
determine the average VO concentration of the hazardous waste shall be 
collected at this point.
    (ii) The owner or operator shall designate and record the averaging 
period to be used for determining the average VO concentration for the 
hazardous waste. The averaging period shall not exceed 1 year. An 
initial waste determination shall be performed for each averaging 
period.
    (iii) The owner or operator shall identify each discrete quantity of 
the material composing the hazardous waste represented by the averaging 
period designated in paragraph (b)(4)(ii) of this section.
    (iv) The following procedure shall be used to measure the VO 
concentration for each discrete quantity of material identified in 
paragraph (b)(4)(iii) of this section:
    (A) A sufficient number of samples, but no less than four samples, 
shall be collected to represent the organic composition for the entire 
discrete quantity of hazardous waste being tested. All of the samples 
shall be collected within a 1-hour period. Sufficient information 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.
    (B) Each sample shall be collected in accordance with the 
requirements specified in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication No. SW-846, Third Edition, 
September 1986, as amended by Update I, November 15, 1992 (incorporated 
by reference--refer to Sec. 260.11 of this chapter).
    (C) Each collected sample shall be prepared and analyzed in 
accordance with the requirements of Method 25D in 40 CFR part 60, 
appendix A.
    (D) The measured VO concentration for the discrete quantity of 
hazardous waste shall be determined by using the results for all samples 
analyzed in accordance with paragraph (b)(4)(iv)(C) of this section and 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR06DE94.005

where:

C = Measured VO concentration of the discrete quantity of hazardous 
waste, ppmw.
i = Individual sample ``i'' of the hazardous waste collected in 
accordance with the requirements of SW-846.

[[Page 478]]

n = Total number of samples of hazardous waste collected (at least 4) 
within a 1-hour period.
Ci = VO concentration measured by Method 25D for sample ``i'', 
ppmw.

    (v) The average VO concentration of the hazardous waste at the point 
of waste treatment shall be determined using the following procedure:
    (A) When the facility owner or operator is the generator of the 
hazardous waste, a sufficient number of VO concentration measurements 
for the hazardous waste shall be performed in accordance with the 
requirements of paragraph (b)(4)(iv) of this section to represent the 
complete range of hazardous waste organic compositions and quantities 
treated by the process during the entire averaging period.
    (B) The average VO concentration of the hazardous waste at the point 
of waste treatment shall be calculated by using the results for all VO 
measurements performed in accordance with paragraph (b)(4)(iv) of this 
section and the following equation:
[GRAPHIC] [TIFF OMITTED] TR06DE94.006

where:

Cave = Average VO concentration of the hazardous waste at the point 
of waste treatment, ppmw.
j = Individual discrete quantity ``j'' of the hazardous waste for which 
a VO concentration measurement is determined in accordance with the 
requirements of paragraph (b)(4)(iv) of this section.
m = Total number of VO concentration measurements determined in 
accordance with the requirements of paragraph (b)(4)(iv) of this section 
for the averaging period.
Qj = Mass of the discrete quantity of the hazardous waste 
represented by Cj, kg.
QT = Total mass of the hazardous waste for the averaging period, 
kg.
Cj = Measured VO concentration of discrete quantity ``j'' for the 
hazardous waste determined in accordance with the requirements of 
paragraph (b)(4)(iv) of this section, ppmw.

    (5) 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)(5)(i) of this section, then the exit concentration limit (Ct) 
shall be 100 ppmw.
    (iii) If more than one hazardous waste stream is identified in 
paragraph (b)(5)(i) of this section, then the 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:
[GRAPHIC] [TIFF OMITTED] TR06DE94.007

where:

Ct = Exit concentration limit for treated hazardous waste, ppmw.
x = Individual hazardous waste stream ``x'' that has a VO concentration 
less than 100 ppmw at the point of waste origination as determined in 
accordance with the requirements of Sec. 265.1084(a).
y = Individual hazardous waste stream ``y'' that has a VO concentration 
equal to or greater than 100 ppmw at the point of waste origination as 
determined in accordance with the requirements of Sec. 265.1084(a).
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.
Cx = Average VO concentration of hazardous waste stream ``x'' at 
the

[[Page 479]]

point of waste origination as determined in accordance with the 
requirements of Sec. 265.1084(a), ppmw.

    (6) Procedure to determine the organic reduction efficiency (R) for 
a treated hazardous waste.
    (i) The organic reduction efficiency for a treatment process 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 point of each hazardous waste stream entering the process 
and each hazardous waste stream exiting the process that is to be 
included in the calculation of the organic reduction efficiency for the 
process shall be identified.
    (iii) For each run, the following information shall be determined 
for each hazardous waste stream identified in paragraph (b)(6)(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 VO concentration of each hazardous waste stream entering the 
process (Cb) during the run shall be measured in accordance with 
the requirements of paragraph (a)(5)(iv) of this section. The VO 
concentration of each hazardous waste stream exiting the process 
(Ca) during the run shall be determined in accordance with the 
requirements of paragraph (b)(4)(iv) of this section. Samples shall be 
collected as follows:
    (1) For a continuous process, the samples of the hazardous waste 
entering and samples of the hazardous waste exiting the process shall be 
collected concurrently.
    (2) For a batch process, the samples of the hazardous waste entering 
the process shall be collected at the time that the hazardous waste is 
placed in the process. The samples of the hazardous waste exiting the 
process shall be collected as soon as practicable after the time when 
the process stops operation or the final treatment cycle ends.
    (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)(6)(iii) of this section and the following 
equations:
[GRAPHIC] [TIFF OMITTED] TR06DE94.008

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''
Qbj = Mass quantity of hazardous waste entering process during run 
``j'', kg/hr.
Qaj = Mass quantity of hazardous waste exiting process during run 
``j'', kg/hr.
Caj = Measured VO concentration of hazardous waste exiting process 
during run ``j'' as determined in accordance with the requirements of 
Sec. 265.1084(b)(4)(iv), ppmw.
Cbj = Measured VO concentration of hazardous waste entering process 
during run ``j'' as determined in accordance with the requirements of 
Sec. 265.1084(a)(5)(iv), ppmw.

    (v) The organic reduction efficiency of the process shall be 
calculated by using the results determined in accordance with paragraph 
(b)(6)(iv) of this section and the following equation:
[GRAPHIC] [TIFF OMITTED] TR06DE94.009

where:

R = Organic reduction efficiency, percent.
Eb = Waste volatile organic mass flow entering process as 
determined in accordance with the requirements of paragraph (b)(6)(iv) 
of this section, kg/hr.
Ea = Waste volatile organic mass flow exiting process as determined 
in accordance with the requirements of paragraph (b)(6)(iv) of this 
section, kg/hr.


[[Page 480]]


    (7) 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 procedure specified in 40 CFR part 63, appendix C 
of this chapter.
    (ii) The organic biodegradation efficiency shall be calculated by 
using the following equation:

Rbio = Fbio  x  100%
where:

Rbio = Organic biodegradation efficiency, percent.
Fbio = Fraction of organic biodegraded as determined in accordance 
with the requirements of paragraph (b)(7)(i) of this section.

    (8) Procedure to determine the required organic mass removal rate 
(RMR) 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) For each hazardous waste stream identified in paragraph 
(b)(8)(i) of this section, the VO concentration of the 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 a volatile 
organic concentration equal to or greater than 100 ppmw at the point of 
waste origination as determined in accordance with the requirements of 
paragraph (b)(8)(ii) of this section, the average volumetric flow rate 
of hazardous waste at the point of waste origination and the density of 
the hazardous waste stream shall be determined.
    (iv) The required organic mass removal rate for the hazardous waste 
shall be calculated by using the results determined for each individual 
hazardous waste stream in accordance with the requirements of paragraphs 
(b)(8)(ii) and (b)(8)(iii) of this section and the following equation:
[GRAPHIC] [TIFF OMITTED] TR06DE94.010

    where:

RMR = Required organic mass removal rate, kg/hr.
y = Individual hazardous waste stream ``y'' that has a volatile organic 
concentration equal to or greater than 100 ppmw at the point of waste 
origination as determined in accordance with the requirements of 
Sec. 265.1084(a).
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
Cy = Average VO concentration of hazardous waste stream ``y'' at 
the point of waste origination as determined in accordance with the 
requirements of Sec. 265.1084(a), ppmw.

    (9) Procedure to determine the actual organic mass removal rate (MR) 
for a treated hazardous waste.
    (i) The actual organic mass removal rate 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)(6)(iv) of this section.
    (iii) The actual organic mass removal rate shall be calculated by 
using the results determined in accordance with the requirements of 
paragraph (b)(9)(ii) of this section and the following equation:
MR = Eb - Ea
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)(6)(iv) 
of this section, kg/hr.
Ea = Waste volatile organic mass flow exiting process as determined 
in accordance with the requirements of paragraph (b)(6)(iv) of this 
section, kg/hr.
    (10) Procedure to determine the actual organic mass biodegradation 
rate (MRbio) for a treated hazardous waste.

[[Page 481]]

    (i) The actual organic mass biodegradation rate 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)(6)(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 actual organic mass biodegradation rate shall be calculated 
by using the mass flow rates and fraction of organic biodegraded 
determined in accordance with the requirements of paragraphs (b)(10)(ii) 
and (b)(10)(iii) of this section and the following equation:
MRbio = Eb  x  Fbio
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)(6)(iv) of this 
section, kg/hr.
Fbio = Fraction of organic biodegraded as determined in accordance 
with the requirements of paragraph (b)(10)(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 air emission 
controls in accordance with standards specified in Sec. 265.1085(c) of 
this subpart.
    (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) To determine the maximum organic vapor pressure of the hazardous 
waste by direct measurement, the following procedure shall be used:
    (i) Unless otherwise specified in the methods referenced in 
paragraphs (c)(3)(ii) (A) through (E) of this section, a sufficient 
number of samples, but no less than three samples, shall be collected to 
represent the waste contained in the tank. Sampling shall be conducted 
in accordance with the requirements specified in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication No. 
SW-846, Third Edition, September 1986, as amended by Update I, November 
15, 1992 (incorporated by reference--refer to Sec. 260.11 of this 
chapter).
    (ii) Any appropriate one of the following methods may be used to 
analyze the samples and compute the maximum organic vapor pressure:
    (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 Sec. 260.11 
of this chapter);
    (C) Methods obtained from standard reference texts;
    (D) ASTM Method 2879-92 (incorporated by reference--refer to 
Sec. 260.11 of this chapter); or
    (E) Any other method approved by the Regional Administrator.
    (4) To determine the maximum organic vapor pressure of the hazardous 
waste by knowledge, sufficient information shall be prepared and 
recorded that documents the maximum organic vapor pressure of the 
hazardous waste in the tank. Examples of information that may be used 
include: documentation that the waste is generated by a process for 
which no organics-containing materials are used; or that the 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 design capacity category specified for the tank.

[59 FR 62935, Dec. 6, 1994, as amended at 61 FR 4914, Feb. 9, 1996]



Sec. 265.1085  Standards: Tanks.

    (a) This section applies to owners and operators of tanks subject to 
this subpart into which any hazardous waste is placed except for the 
following tanks:

[[Page 482]]

    (1) A tank in which all hazardous waste entering the tank meets the 
conditions specified in Sec. 265.1083(c) of this subpart; or
    (2) A tank used for biological treatment of hazardous waste in 
accordance with the requirements of Sec. 265.1083(c)(2)(iv) of this 
subpart.
    (b) The owner or operator shall place the hazardous waste into one 
of the following tanks:
    (1) A tank equipped with a cover (e.g., a fixed roof) that is vented 
through a closed-vent system to a control device in accordance with the 
requirements specified in paragraph (d) of this section;
    (2) A tank equipped with a fixed roof and internal floating roof in 
accordance with the requirements of Sec. 265.1091 of this subpart;
    (3) A tank equipped with an external floating roof in accordance 
with the requirements of Sec. 265.1091 of this subpart; or
    (4) A pressure tank that is designed to operate as a closed system 
such that the tank operates with no detectable organic emissions at all 
times that hazardous waste is in the tank except as provided for in 
paragraph (g) of this section. To be considered a pressure tank for the 
purpose of compliance with this subpart, a unit must operate with no 
detectable emissions during filling to design capacity and the 
subsequent compression of the vapor headspace.
    (c) As an alternative to complying with paragraph (b) of this 
section, an owner or operator may place hazardous waste in a tank 
equipped with a cover (e.g., a fixed roof) meeting the requirements 
specified in paragraph (c)(2) of this section when the hazardous waste 
is determined to meet the conditions specified in paragraph (c)(1) of 
this section.
    (1) All of the following conditions shall be met at all times that 
hazardous waste is managed in the tank, during normal process 
operations:
    (i) The hazardous waste in the tank is neither mixed, stirred, 
agitated, nor circulated within the tank using a process that results in 
splashing, frothing, or visible turbulent flow on the waste surface 
during normal process operations;
    (ii) The hazardous waste in the tank is not heated by the owner or 
operator except during conditions requiring that the waste be heated to 
prevent the waste from freezing or to maintain adequate waste flow 
conditions for continuing normal process operations;
    (iii) The hazardous waste in the tank is not treated by the owner or 
operator using a waste stabilization process or a process that produces 
an exothermic reaction; and
    (iv) The maximum organic vapor pressure of the hazardous waste in 
the tank as determined using the procedure specified in Sec. 265.1084(c) 
of this subpart is less than the following applicable value:
    (A) If the tank design capacity is equal to or greater than 151 
m3, then the maximum organic vapor pressure shall be less than 5.2 
kPa;
    (B) If the tank design capacity is equal to or greater than 75 
m3 but less than 151 m3, then the maximum organic vapor 
pressure shall be less than 27.6 kPa; or
    (C) If the tank design capacity is less than 75 m3, then the 
maximum organic vapor pressure shall be less than 76.6 kPa.
    (2) To comply with paragraph (c)(1) of this section, the owner or 
operator shall design, install, operate, and maintain a cover to meet 
the following requirements:
    (i) The cover and all cover openings (e.g. access hatches, sampling 
ports, and gauge wells) shall be designed to operate with no detectable 
organic emissions when all cover openings are secured in a closed, 
sealed position.
    (ii) Each cover opening shall be secured in a closed, sealed 
position (e.g., covered by a gasketed lid or cap) at all times that 
hazardous waste is in the tank except as provided for in paragraphs 
(c)(2)(iii), (f)(1), and (f)(2) of this section.
    (iii) One or more pressure relief devices which vent directly to the 
atmosphere may be used on the cover provided that each device remains in 
a closed, sealed position at all times except when tank operating 
conditions require that the device open for the purpose of preventing 
physical damage or permanent deformation of the tank

[[Page 483]]

or cover in accordance with good engineering design practices and 
manufacturers recommendations. The device must be operated to minimize 
organic air emissions to the atmosphere to the extent practical, in 
consideration of good design and safety practices for handling hazardous 
materials. Examples of such devices include pressure-vacuum relief 
valves and conservation vents. Examples of tank operating conditions 
that may require the pressure relief device to open are filling and 
emptying of the tank, and internal pressure changes caused by diurnal 
temperature changes.
    (d) To comply with paragraph (b)(1) of this section, the owner or 
operator shall design, install, operate, and maintain a cover that vents 
the organic vapors emitted from hazardous waste in the tank through a 
closed-vent system connected to a control device.
    (1) The cover shall be designed and operated to meet the following 
requirements:
    (i) The cover and all cover openings (e.g., access hatches, sampling 
ports, and gauge wells) shall be designed to operate with no detectable 
organic emissions when all cover openings are secured in a closed, 
sealed position.
    (ii) Each cover opening shall be secured in a closed, sealed 
position (e.g., covered by a gasketed lid or cap) at all times that 
hazardous waste is in the tank except as provided for in paragraph (f) 
of this section.
    (2) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of Sec. 265.1088 of this 
subpart.
    (e) The owner and operator shall install, operate, and maintain 
enclosed pipes or other closed systems for the transfer of hazardous 
waste as described in paragraph (e)(1) or (e)(2) of this section. The 
EPA considers a drain system that meets the requirements of 40 CFR 
61.346(a)(1) or 40 CFR 61.346(b)(1) through (b)(3) to be a closed 
system.
    (1) Transfer all hazardous waste to the tank from another tank, 
surface impoundment, or container subject to this subpart except for 
those hazardous wastes that meet the conditions specified in 
Sec. 265.1083(c) of this subpart; and
    (2) Transfer all hazardous waste from the tank to another tank, 
surface impoundment, or container subject to this subpart except for 
those hazardous wastes that meet the conditions specified in 
Sec. 265.1083(c) of this subpart.
    (f) Each cover opening shall be secured in a closed, sealed position 
(e.g., covered by a gasketed lid) at all times that hazardous waste is 
in the tank except when it is necessary to use the cover opening to:
    (1) Add, remove, inspect, or sample the material in the tank;
    (2) Inspect, maintain, repair, or replace equipment located inside 
the tank; or
    (3) Vent gases or vapors from the tank to a closed-vent system 
connected to a control device that is designed and operated in 
accordance with the requirements of Sec. 265.1088 of this subpart.
    (g) One or more safety devices which vent directly to the atmosphere 
may be used on the tank, cover, closed-vent system, or control device 
provided each safety device meets all of the following conditions:
    (1) The safety device is not used for planned or routine venting of 
organic vapors from the tank or the closed-vent system connected to a 
control device; and
    (2) The safety device remains in a closed, sealed position at all 
times except when an unplanned event requires that the device open for 
the purpose of preventing physical damage or permanent deformation of 
the tank, cover, closed-vent system, or control device in accordance 
with good engineering and safety practices for handling flammable, 
combustible, explosive, or other hazardous materials. An example of an 
unplanned event is a sudden power outage.

[59 FR 62935, Dec. 6, 1994, as amended at 61 FR 4914, Feb. 9, 1996]



Sec. 265.1086  Standards: Surface impoundments.

    (a) This section applies to owners and operators of surface 
impoundments subject to this subpart into which any hazardous waste is 
placed except for the following surface impoundments:
    (1) A surface impoundment in which all hazardous waste entering the 
surface impoundment meets the conditions specified in Sec. 265.1083(c) 
of this subpart; or

[[Page 484]]

    (2) A surface impoundment used for biological treatment of hazardous 
waste in accordance with the requirements of Sec. 265.1083(c)(2)(iv) of 
this subpart.
    (b) The owner or operator shall place the hazardous waste into a 
surface impoundment equipped with a cover (e.g., an air-supported 
structure or a rigid cover) that is vented through a closed-vent system 
to a control device meeting the requirements specified in paragraph (d) 
of this section.
    (c) As an alternative to complying with paragraph (b) of this 
section, an owner or operator may place hazardous waste in a surface 
impoundment equipped with a floating membrane cover meeting the 
requirements specified in paragraph (e) of this section when the 
hazardous waste is determined to meet all of the following conditions:
    (1) The hazardous waste is neither mixed, stirred, agitated, nor 
circulated within the surface impoundment by the owner or operator using 
a process that results in splashing, frothing, or visible turbulent flow 
on the waste surface during normal process operations;
    (2) The hazardous waste in the surface impoundment is not heated by 
the owner or operator; and
    (3) The hazardous waste in the surface impoundment is not treated by 
the owner or operator using a waste stabilization process or a process 
that produces an exothermic reaction.
    (d) To comply with paragraph (b) of this section, the owner or 
operator shall design, install, operate, and maintain a cover that vents 
the organic vapors emitted from hazardous waste in the surface 
impoundment through a closed- vent system connected to a control device.
    (1) The cover shall be designed, installed, operated, and maintained 
to meet the following requirements:
    (i) The cover and all cover openings (e.g., access hatches, sampling 
ports, and gauge wells) shall be designed to operate with no detectable 
organic emissions when all cover openings are secured in a closed, 
sealed position.
    (ii) Each cover opening shall be secured in the closed, sealed 
position (e.g., covered by a gasketed lid or cap) at all times that 
hazardous waste is in the surface impoundment except as provided for in 
paragraph (g) of this section.
    (iii) The closed-vent system and control device shall be designed 
and operated in accordance with Sec. 265.1088 of this subpart.
    (e) To comply with paragraph (c) of this section, the owner or 
operator shall design, install, operate, and maintain a floating 
membrane cover that meets all of the following requirements:
    (1) The floating membrane cover shall be designed, installed, and 
operated such that at all times when hazardous waste is in the surface 
impoundment, the entire surface area of the hazardous waste is enclosed 
by the cover, and any air spaces underneath the cover are not vented to 
the atmosphere except during conditions specified in paragraph (h) of 
this section.
    (2) The floating membrane cover and all cover openings (e.g., access 
hatches, sampling ports, and gauge wells) shall be designed to operate 
with no detectable organic emissions when all cover openings are secured 
in a closed, sealed position.
    (3) Each cover opening shall be secured in a closed, sealed position 
(e.g., covered by a gasketed lid or cap) at all times that hazardous 
waste is in the surface impoundment except as provided for in paragraphs 
(g)(1) through (g)(3) of this section; and
    (4) The synthetic membrane material used for the floating membrane 
cover shall be either:
    (i) High density polyethylene with a thickness no less than 2.5 mm; 
or
    (ii) A material or a composite of different materials determined to 
have the following properties:
    (A) Organic permeability properties that are equivalent to those of 
the material specified in paragraph (e)(4)(i) of this section; and
    (B) Chemical and physical properties that maintain the material 
integrity for as long as the cover is in use. Factors that shall be 
considered in selecting the material include: the effects of contact 
with the waste managed in the impoundment, weather exposure, and cover 
installation and operation practices.

[[Page 485]]

    (f) The owner or operator shall install, operate, and maintain 
enclosed pipes or other closed systems for the transfer of hazardous 
waste as described in paragraph (f)(1) or (f)(2) of this section. The 
EPA considers a drain system that meets the requirements of 40 CFR 
61.346(a)(1) or 40 CFR 61.346(b)(1) through (b)(3) to be a closed 
system.
    (1) Transfer all hazardous waste to the surface impoundment from 
another tank, surface impoundment, or container subject to this subpart 
except for those hazardous wastes that meet the conditions specified in 
Sec. 265.1083(c) of this subpart; and
    (2) Transfer all hazardous waste from the surface impoundment to 
another tank, surface impoundment, or container subject to this subpart 
except for those hazardous wastes that meet the conditions specified in 
Sec. 265.1083(c) of this subpart.
    (g) Each cover opening shall be secured in the closed, sealed 
position (e.g., covered by a gasketed lid or cap) at all times that 
hazardous waste is in the surface impoundment except when it is 
necessary to use the cover opening to:
    (1) Add, remove, inspect, or sample the material in the surface 
impoundment;
    (2) Inspect, maintain, repair, or replace equipment located 
underneath the cover;
    (3) Remove treatment residues from the surface impoundment in 
accordance with the requirements of 40 CFR 268.4; or
    (4) Vent gases or vapors from the surface impoundment to a closed-
vent system connected to a control device that is designed and operated 
in accordance with the requirements of Sec. 265.1088 of this subpart.
    (h) One or more safety devices that vent directly to the atmosphere 
may be installed on the cover, closed-vent system, or control device 
provided each device meets all of the following conditions:
    (1) The safety device is not used for planned or routine venting of 
organic vapors from the surface impoundment or the closed-vent system 
connected to a control device; and
    (2) The safety device remains in a closed, sealed position at all 
times except when an unplanned event requires that the device open for 
the purpose of preventing physical damage or permanent deformation of 
the cover, closed-vent system, or control device in accordance with good 
engineering and safety practices for handling flammable, combustible, 
explosive, or other hazardous materials. An example of an unplanned 
event is a sudden power outage.

[59 FR 62935, Dec. 6, 1994, as amended at 61 FR 4915, Feb. 9, 1996]



Sec. 265.1087  Standards: Containers.

    (a) This section applies to the owners and operators of containers 
having design capacities greater than 0.1 m3 subject to this 
subpart into which any hazardous waste is placed except for a container 
in which all hazardous waste entering the container meets the conditions 
specified in Sec. 265.1083(c) of this subpart.
    (b) An owner or operator shall manage hazardous waste in containers 
using the following procedures:
    (1) The owner or operator shall place the hazardous waste into one 
of the following containers except when a container is used for 
hazardous waste treatment in accordance with the requirements of 
paragraph (b)(2) of this section:
    (i) A container that is equipped with a cover which operates with no 
detectable organic emissions when all container openings (e.g., lids, 
bungs, hatches, and sampling ports) are secured in a closed, sealed 
position. The owner or operator shall determine that a container 
operates with no detectable emissions by testing each opening on the 
container for leaks in accordance with Method 21 in 40 CFR part 60, 
appendix A the first time any portion of the hazardous waste is placed 
into the container. If a leak is detected and cannot be repaired 
immediately, the hazardous waste shall be removed from the container and 
the container not used to meet the requirements of this paragraph until 
the leak is repaired and the container is retested.
    (ii) A container having a design capacity less than or equal to 0.46 
m3 that is equipped with a cover and complies with all applicable 
Department of

[[Page 486]]

Transportation regulations on packaging hazardous waste for transport 
under 49 CFR part 178.
    (A) A container that is managed in accordance with the requirements 
of 49 CFR part 178 for the purpose of complying with this subpart is not 
subject to any exceptions to the 49 CFR part 178 regulations, except as 
noted in paragraph (b)(1)(ii)(B) of this section.
    (B) A lab pack that is managed in accordance with the requirements 
of 49 CFR part 178 for the purpose of complying with this subpart may 
comply with the exceptions for combination packagings specified in 49 
CFR 173.12(b).
    (iii) A container that is attached to or forms a part of any truck, 
trailer, or railcar; and that has been demonstrated within the preceding 
12 months to be organic vapor tight when all container openings are in a 
closed, sealed position (e.g., the container hatches or lids are 
gasketed and latched). For the purpose of meeting the requirements of 
this paragraph, a container is organic vapor tight if the container 
sustains a pressure change of not more than 750 pascals within 5 minutes 
after it is pressurized to a minimum of 4,500 pascals. This condition is 
to be demonstrated using the pressure test specified in Method 27 of 40 
CFR part 60, appendix A, and a pressure measurement device which has a 
precision of  2.5 mm water and which is capable of measuring 
above the pressure at which the container is to be tested for vapor 
tightness.
    (2) An owner or operator treating hazardous waste in a container by 
either a waste stabilization process, any process that requires the 
addition of heat to the waste, or any process that produces an 
exothermic reaction shall meet the following requirements:
    (i) Whenever it is necessary for the container to be open during the 
treatment process, the container shall be located inside an enclosure 
that is vented through a closed-vent system to a control device.
    (ii) The enclosure shall be a structure that is designed and 
operated in accordance with the following requirements:
    (A) The enclosure shall be a structure that is designed and operated 
with sufficient airflow into the structure to capture the organic vapors 
emitted from the hazardous waste in the container and vent the vapors 
through the closed-vent system to the control device.
    (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 to direct airflow into the enclosure.
    (C) 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 of Temporary Total 
Enclosure'' in Appendix B of Section 52.741.
    (iii) The closed-vent system and control device shall be designed 
and operated in accordance with the requirements of Sec. 265.1088 of 
this subpart.
    (3) Transfer of the waste into or from a container shall be 
conducted in such a manner as to minimize waste exposure to the 
atmosphere to the extent practical, considering good engineering and 
safety practices for handling hazardous materials. Examples of container 
loading procedures that the EPA considers to meet the requirements of 
this paragraph include using a submerged-fill method to load liquids 
into the container; using a vapor-balancing or a vapor-recover system to 
collect and control the vapors displaced from the container during 
filling operations; and transferring waste through a conveyance tube 
that is fitted to a container opening above the liquid level to splash-
fill the material, and subsequently purging the conveyance tube with gas 
prior to removing it from the container opening.
    (c) Each container opening shall be maintained in a closed, sealed 
position (e.g. covered by a gasketed lid) at all times that hazardous 
waste is in the container except when it is necessary to have the 
opening open during procedures to:
    (1) Add, remove, inspect, or sample the material in the container;
    (2) Inspect, maintain, repair, or replace equipment located inside 
the container; or

[[Page 487]]

    (3) Vent gases or vapors from a cover located over or enclosing an 
open container to a closed-vent system connected to a control device 
that is designed and operated in accordance with the requirements of 
Sec. 265.1088 of this subpart.
    (d) One or more safety devices that vent directly to the atmosphere 
may be used on the container, cover, enclosure, closed-vent system, or 
control device provided each device meets all of the following 
conditions:
    (1) The safety device is not used for planned or routine venting of 
organic vapors from the container, cover, enclosure, or closed-vent 
system connected to a control device; and
    (2) The safety device remains in a closed, sealed position at all 
times except when an unplanned event requires that the device open for 
the purpose of preventing physical damage or permanent deformation of 
the container, cover, enclosure, closed-vent system, or control device 
in accordance with good engineering and safety practices for handling 
flammable, combustible, explosive, or other hazardous materials. An 
example of an unplanned event is a sudden power outage.

[59 FR 62935, Dec. 6, 1994, as amended at 61 FR 4915, Feb. 9, 1996]



Sec. 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 subpart.
    (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 Sec. 265.1033(j) of this 
part.
    (3) If the closed-vent system contains one or more bypass devices 
that could be used to divert all or a portion of the gases, vapors, or 
fumes from entering the control device, the owner or operator shall meet 
the following requirements:
    (i) For each bypass device except as provided for in paragraph 
(b)(3)(ii) of this section, the owner or operator shall either:
    (A) Install, calibrate, maintain, and operate a flow indicator at 
the inlet to the bypass device that indicates at least once every 15 
minutes whether gas, vapor, or fume flow is present in the bypass 
device; or
    (B) Secure the valve installed at the inlet to the bypass device in 
the closed position using a car-seal or a lock-and-key type 
configuration. The owner or operator shall visually inspect the seal or 
closure mechanism at least once every month to verify that the valve is 
maintained in the closed position.
    (ii) Low leg drains, high point bleeds, analyzer vents, open-ended 
valves or lines, and safety devices are not subject to the requirements 
of paragraph (b)(3)(i) of this section.
    (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 Sec. 265.1033(c); or
    (iii) A flare designed and operated in accordance with the 
requirements of Sec. 265.1033(d).
    (2) The control device shall be operating at all times when gases, 
vapors, or fumes are vented from the waste management unit through the 
closed-vent system to the control device.
    (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 
Sec. 265.1033(g) or Sec. 265.1033(h).

[[Page 488]]

    (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 Sec. 264.1033(m) of this part, regardless of the VO 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 Sec. 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 40 CFR part 270 
and designs and operates the unit in accordance with the requirements of 
40 CFR part 266, subpart H; or
    (E) A boiler or process heater burning hazardous waste for which the 
owner or operator has certified compliance with the interim status 
requirements of 40 CFR part 266, subpart H.
    (ii) An owner or operator shall demonstrate the performance of each 
flare in accordance with the requirements specified in Sec. 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 Sec. 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 Sec. 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 Regional Administrator 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 Regional 
Administrator may choose to have an authorized representative observe 
the performance test.

[59 FR 62935, Dec. 6, 1994, as amended at 61 FR 4915, Feb. 9, 1996]



Sec. 265.1089  Inspection and monitoring requirements.

    (a) This section applies to an owner or operator using air emission 
controls in accordance with the requirements of Sec. 265.1085 through 
Sec. 265.1088 of this subpart.
    (b) Each cover used in accordance with requirements of Sec. 265.1085 
through Sec. 265.1087 of this subpart shall be visually inspected and 
monitored for detectable organic emissions by the owner or operator 
using the procedure specified in paragraph (f) of this section except as 
follows:
    (1) An owner or operator is exempted from performing the cover 
inspection and monitoring requirements specified in paragraph (f) of 
this section for the following tank covers:
    (i) A tank internal floating roof that is inspected and monitored in 
accordance with the requirements of Sec. 265.1091 of this subpart; or
    (ii) A tank external floating roof that is inspected and monitored 
in accordance with the requirements of Sec. 265.1091 of this subpart.
    (2) If a tank is buried partially or entirely underground, an owner 
or operator is required to perform the cover inspection and monitoring 
requirements

[[Page 489]]

specified in paragraph (f) of this section only for those portions of 
the tank cover and those connections to the tank cover or tank body 
(e.g. fill ports, access hatches, gauge wells, etc.) that extend to or 
above the ground surface and can be opened to the atmosphere.
    (3) An owner or operator is exempted from performing the cover 
inspection and monitoring requirements specified in paragraph (f) of 
this section for a container that meets all requirements specified in 
either Sec. 265.1087(b)(1)(ii) or Sec. 265.1087(b)(1)(iii) of this 
subpart.
    (4) An owner or operator is exempted from performing the cover 
inspection and monitoring requirements specified in paragraph (f) of 
this section for an enclosure used to control air emissions from 
containers in accordance with the requirements of Sec. 265.1087(b)(2) of 
this subpart.
    (c) Each closed-vent system used in accordance with the requirements 
of Sec. 265.1088 of this subpart shall be inspected and monitored by the 
owner or operator in accordance with the procedure specified in 
Sec. 265.1033(j).
    (d) Each control device used in accordance with the requirements of 
Sec. 265.1088 of this subpart shall be inspected and monitored by the 
owner or operator in accordance with the procedures specified in 
Sec. 265.1033(f)(2). The readings from each monitoring device required 
by Sec. 265.1033(f)(2) shall be inspected at least once each operating 
day to check control device operation. Any necessary corrective measures 
should be immediately implemented to ensure the control device is 
operated in compliance with the requirements of Sec. 265.1088 of this 
subpart.
    (e) The owner or operator shall develop and implement a written plan 
and schedule to perform all inspection and monitoring requirements of 
this section. The owner or operator shall incorporate this plan and 
schedule into the facility inspection plan required under 40 CFR 265.15.
    (f) Inspection and monitoring of a cover in accordance with the 
requirements of paragraph (b) of this section shall performed as 
follows:
    (1) The cover and all cover openings shall be initially visually 
inspected and monitored for detectable organic emissions on or before 
the date that the tank, surface impoundment, or container using the 
cover becomes subject to the provisions of this subpart and at other 
times as requested by the Regional Administrator.
    (2) At least once every 6 months following the initial visual 
inspection and monitoring for detectable organic emissions required 
under paragraph (f)(1) of this section, the owner and operator shall 
visually inspect and monitor the cover and each cover opening except for 
following cover openings:
    (i) A cover opening that has continuously remained in a closed, 
sealed position for the entire period since the last time the cover 
opening was visually inspected and monitored for detectable emissions;
    (ii) A cover opening that is designated as unsafe to inspect and 
monitor in accordance with paragraph (f)(5) of this section;
    (iii) A cover opening on a cover installed and placed in operation 
before December 6, 1994, that is designated as difficult to inspect and 
monitor in accordance with paragraph (f)(6) of this section.
    (3) To visually inspect a cover, the owner or operator shall view 
the entire cover surface and each cover opening in a closed, sealed 
position for evidence of any defect that may affect the ability of the 
cover or cover opening to continue to operate with no detectable organic 
emissions. A visible hole, gap, tear, or split in the cover surface or a 
cover opening is defined as a leak which shall be repaired in accordance 
with paragraph (f)(7) of this section.
    (4) To monitor a cover for detectable organic emissions, the owner 
or operator shall use the following procedure:
    (i) Method 21 in 40 CFR part 60, appendix A to test each cover seal 
and cover connection for detectable organic emissions. Seals on floating 
membrane covers shall be monitored around the entire perimeter of the 
cover at locations spaced no greater than 3 meters apart.
    (ii) For all cover connections and seals except for the seals around 
a rotating shaft that passes through a cover opening, if the monitoring 
instrument indicates detectable organic emissions (i.e., an instrument 
concentration reading greater than 500

[[Page 490]]

ppmv plus the background level), then a leak is detected. Each detected 
leak shall be repaired in accordance with paragraph (f)(7) of this 
section.
    (iii) For the seals around a rotating shaft that passes through a 
cover opening, if the monitoring instrument indicates a concentration 
reading greater than 10,000 ppmv, then a leak is detected. Each detected 
leak shall be repaired in accordance with paragraph (f)(7) of this 
section.
    (5) An owner or operator may designate a cover as an unsafe to 
inspect and monitor cover if all of the following conditions are met:
    (i) The owner or operator determines that inspection or monitoring 
of the cover would expose a worker to dangerous, hazardous, or other 
unsafe conditions.
    (ii) The owner or operator develops and implements a written plan 
and schedule to inspect the cover using the procedure specified in 
paragraph (f)(3) of this section and monitor the cover using the 
procedure specified in paragraph (f)(4) of this section as frequently as 
practicable during those times when a worker can safely access the 
cover.
    (6) An owner or operator may designate a cover installed and placed 
in operation before December 6, 1994, as a difficult to inspect and 
monitor cover if all of the following conditions are met:
    (i) The owner or operator determines that inspection or monitoring 
the cover requires elevating a worker to a height greater than 2 meters 
above a support surface; and
    (ii) The owner and operator develops and implements a written plan 
and schedule to inspect the cover using the procedure specified in 
paragraph (f)(3) of this section, and to monitor the cover using the 
procedure specified in paragraph (f)(4) of this section at least once 
per calendar year.
    (7) When a leak is detected by either of the methods specified in 
paragraph (f)(3) or (f)(4) of this section, the owner or operator shall 
repair the leak in the following manner:
    (i) The owner or operator shall make a first attempt at repairing 
the leak no later than 5 calendar days after the leak is detected. 
Repair of the leak shall be completed as soon as practicable, but no 
later than 15 calendar days after the leak is detected. If repair of the 
leak cannot be completed within the 15-day period, except as provided in 
paragraph (f)(7)(ii) of this section, then the owner or operator shall 
not add hazardous waste to the tank, surface impoundment, or container 
on which the cover is installed until the repair of the leak is 
completed.
    (ii) Repair of a leak detected on a cover installed on a tank or 
surface impoundment may be delayed beyond 15 calendar days if the owner 
or operator determines that both of the following conditions occur:
    (A) Repair of the leak requires first emptying the contents of the 
tank or surface impoundment; and
    (B) Temporary removal of the tank or surface impoundment from 
service will result in the unscheduled cessation of production from the 
process unit or operation of the waste management unit that is 
generating the hazardous waste managed in the tank or surface 
impoundment.
    (iii) Repair of a leak determined by the owner or operator to meet 
the conditions specified in paragraph (f)(7)(ii) of this section shall 
be performed at the next time the process, system, or waste management 
unit that is generating the hazardous waste managed in the tank or 
surface impoundment stops operation for any reason.

[59 FR 62935, Dec. 6, 1994, as amended at 61 FR 4915, Feb. 9, 1996]



Sec. 265.1090  Recordkeeping requirements.

    (a) Each owner or operator of a facility subject to requirements in 
this subpart shall record and maintain the following information as 
applicable:
    (1) Documentation for each cover installed on a tank in accordance 
with the requirements of Sec. 265.1085(b)(2) or Sec. 265.1085(b)(3) of 
this subpart 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 Sec. 265.1091(a) of 
this subpart.
    (2) Documentation for each floating membrane cover installed on a 
surface

[[Page 491]]

impoundment in accordance with the requirements of Sec. 265.1086(c) of 
this subpart 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 Sec. 265.1086(e) of this subpart.
    (3) Documentation for each enclosure used to control air emissions 
from containers in accordance with the requirements of 
Sec. 265.1087(b)(2)(i) of this subpart that includes information 
prepared by the owner or operator or provided by the manufacturer or 
vendor describing the enclosure design, and certification by the owner 
or operator that the enclosure meets the specifications listed in 
Sec. 265.1087(b)(2)(ii) of this subpart.
    (4) Documentation for each closed-vent system and control device 
installed in accordance with the requirements of Sec. 265.1088 of this 
subpart 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 (a)(4)(ii) of this section or by performance tests as 
specified in paragraph (a)(4)(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 Sec. 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 Sec. 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 Sec. 265.1035(b)(3) and all test results.
    (iv) Information as required by Sec. 265.1035(c)(1) and 
Sec. 265.1035(c)(2).
    (5) Records for all Method 27 tests performed by the owner or 
operator for each container used to meet the requirements of 
Sec. 265.1087(b)(1)(iii) of this subpart.
    (6) Records for all visual inspections conducted in accordance with 
the requirements of Sec. 265.1089 of this subpart.
    (7) Records for all monitoring for detectable organic emissions 
conducted in accordance with the requirements of Sec. 265.1089 of this 
subpart.
    (8) Records of the date of each attempt to repair a leak, repair 
methods applied, and the date of successful repair.
    (9) Records for all continuous monitoring conducted in accordance 
with the requirements of Sec. 265.1089 of this subpart.
    (10) Records of the management of carbon removed from a carbon 
adsorption system conducted in accordance with Sec. 265.1088(c)(3)(ii) 
of this subpart.
    (11) Records for all inspections of each cover installed on a tank 
in accordance with the requirements of Sec. 265.1085(b)(2) or 
Sec. 265.1085(b)(3) of this subpart that includes information as listed 
in Sec. 265.1091(c) of this subpart.
    (b) An owner or operator electing to use air emission controls for a 
tank in accordance with the conditions specified in Sec. 265.1085(c) of 
this subpart shall record the following information:
    (1) Date and time each waste sample is collected for direct 
measurement of maximum organic vapor pressure in accordance with 
Sec. 265.1084(c) of this subpart.
    (2) Results of each determination for the maximum organic vapor 
pressure of the waste in the tank performed in accordance with 
Sec. 265.1084(c) of this subpart.
    (3) Records specifying the tank dimensions and design capacity.
    (c) An owner or operator electing to use air emission controls for a 
tank in accordance with the requirements of Sec. 265.1091 of this 
subpart shall record the information required by Sec. 265.1091(c) of 
this subpart.
    (d) An owner or operator electing not to use air emission controls 
for a particular tank, surface impoundment, or container subject to this 
subpart in accordance with the conditions specified in Sec. 265.1083(c) 
of this subpart shall record the information used by the

[[Page 492]]

owner or operator 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 Sec. 265.1084 of this subpart.
    (e) An owner or operator electing to comply with requirements in 
accordance with Sec. 265.1083(c)(2)(vi) or Sec. 265.1083(c)(2)(vii) of 
this subpart shall record the identification number for the incinerator, 
boiler, or industrial furnace in which the hazardous waste is treated.
    (f) An owner or operator designating a cover as unsafe to inspect 
and monitor pursuant to Sec. 265.1089(f)(5) of this subpart or difficult 
to inspect and monitor pursuant to Sec. 265.1089(f)(6) of this subpart 
shall record in a log that is kept in the facility operating record the 
following information:
    (1) A list of identification numbers for tanks with covers that are 
designated as unsafe to inspect and monitor in accordance with the 
requirements of Sec. 265.1089(f)(5) of this subpart, an 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.
    (2) A list of identification numbers for tanks with covers that are 
designated as difficult to inspect and monitor in accordance with the 
requirements of Sec. 265.1089(f)(6) of this subpart, an explanation for 
each cover stating why the cover is difficult to inspect and monitor, 
and the plan and schedule for inspecting and monitoring each cover.
    (g) All records required by paragraphs (a) through (f) of this 
section except as required in paragraphs (a)(1) through (a)(4) of this 
section shall be maintained in the operating record for a minimum of 3 
years. All records required by paragraphs (a)(1) through (a)(4) of this 
section shall be maintained in the operating record until the air 
emission control equipment is replaced or otherwise no longer in 
service.
    (h) The owner or operator of a facility that is subject to this 
subpart 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 subpart by documentation either 
pursuant to this subpart, 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 Secs. 265.1085 through 265.1088 of this subpart in 
accordance with the conditions specified in Sec. 265.1080(d) of this 
subpart, 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 
Sec. 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

[[Page 493]]

paragraph (i)(2) of this section would create an undue safety hazard if 
the air emission controls, as required under Secs. 265.1085 through 
265.1088 of this subpart, 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 Sec. 265.1085(g) of this subpart, 
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 Sec. 265.1087(d) of 
this subpart, 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.

[59 FR 62935, Dec. 6, 1994, as amended at 60 FR 50429, Sept. 29, 1995; 
61 FR 4915, Feb. 9, 1996]



Sec. 265.1091  Alternative tank emissions control requirements.

    (a) This section applies to owners and operators of tanks electing 
to comply with Sec. 265.1085(b)(2) or (b)(3) of this subpart.
    (1) The owner or operator electing to comply with 
Sec. 265.1085(b)(2) of this subpart shall design, install, operate, and 
maintain a fixed roof and internal floating roof that meet the following 
requirements.
    (i) The fixed roof shall comply with the requirements of 
Sec. 265.1085(d)(1) of this subpart. The internal floating roof shall 
rest or float on the waste surface (but not necessarily in complete 
contact with it) inside a tank that has a fixed roof. The internal 
floating roof shall be floating on the waste surface at all times, 
except during initial fill and during those intervals when the tank is 
completely emptied or subsequently emptied and refilled. When the roof 
is resting on the leg supports, the process of filling, emptying, or 
refilling shall be as continuous as possible, based on the amount of 
waste and the nature of the waste handling operation, and shall be 
accomplished as rapidly as possible.
    (ii) Each internal floating roof shall be equipped with one of the 
following closure devices between the wall of the tank and the edge of 
the internal floating roof:
    (A) A foam- or liquid-filled seal mounted in contact with the waste 
(liquid-mounted seal). A liquid-mounted seal means a foam- or liquid-
filled seal mounted in contact with the waste between the wall of the 
tank and the floating roof continuously around the circumference of the 
tank.
    (B) Two seals mounted one above the other so that each forms a 
continuous closure that completely covers the space between the wall of 
the tank and the edge of the internal floating roof. The lower seal may 
be vapor-mounted, but both shall be continuous.
    (C) A mechanical shoe seal. A mechanical shoe seal is a metal sheet 
held vertically against the wall of the tank by springs or weighted 
levers and is connected by braces to the floating roof. A flexible 
coated fabric (envelope) spans the annular space between the metal sheet 
and the floating roof.
    (iii) 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 waste surface.
    (iv) Each opening in the internal floating roof except for leg 
sleeves,

[[Page 494]]

automatic bleeder vents, rim space vents, column wells, ladder wells, 
sample wells, and stub drains is to be equipped with a cover or lid 
which is to be maintained in a closed position at all times (i.e., no 
visible gap) except when the device is in actual use. The cover or lid 
shall be equipped with a gasket. Covers on each access hatch and 
automatic gauge float well shall be bolted except when they are in use.
    (v) Automatic bleeder vents shall be equipped with a gasket and are 
to be closed at all times when the roof is floating except when the roof 
is being floated off or is being landed on the roof leg supports.
    (vi) Rim space vents shall be equipped with a gasket and are to be 
set to open only when the internal floating roof is not floating or at 
the manufacturer's recommended setting.
    (vii) Each penetration of the internal floating roof for the purpose 
of sampling shall be a sample well. The sample well shall have a slit 
fabric cover that covers at least 90 percent of the opening.
    (viii) 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.
    (ix) Each penetration of the internal floating roof that allows for 
passage of a ladder shall have a gasketed sliding cover.
    (2) The owner or operator electing to comply with 
Sec. 265.1085(b)(3) of this subpart shall design, install, operate, and 
maintain an external floating roof that meets the following 
requirements:
    (i) Each external floating roof shall be equipped with a closure 
device between the wall of the tank and the roof edge. The closure 
device is to consist of two seals, one above the other. 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 either a mechanical shoe seal or a 
liquid-mounted seal. Except as provided in paragraph (b)(2)(iv) of this 
section, the seal shall completely cover the annular space between the 
edge of the floating roof and tank wall.
    (B) 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 as allowed in paragraph (b)(2)(iv) of this 
section.
    (ii) Except for automatic bleeder vents and rim space vents, each 
opening in a noncontact external floating roof shall provide a 
projection below the waste surface. Except for automatic bleeder vents, 
rim space vents, roof drains, and leg sleeves, each opening in the roof 
is to be equipped with a gasketed cover, seal, or lid that is to be 
maintained in a closed position at all times (i.e., no visible gap) 
except when the device is in actual use. Automatic bleeder vents are to 
be closed at all times when the roof is floating except when the roof is 
being floated off or is being landed on the roof leg supports. Rim vents 
are to be set to open when the roof is being floated off the roof leg 
supports or at the manufacturer's recommended setting. Automatic bleeder 
vents and rim space vents are to be gasketed. Each emergency roof drain 
is to be provided with a slotted membrane fabric cover that covers at 
least 90 percent of the area of the opening.
    (iii) The roof shall be floating on the waste at all times (i.e., 
off the roof leg supports) except during initial fill until the roof is 
lifted off leg supports and when the tank is completely emptied and 
subsequently refilled. The process of filling, emptying, or refilling 
when the roof is resting on the leg supports shall be continuous and 
shall be accomplished as rapidly as possible.
    (3) The owner or operator may elect to comply with 
Sec. 265.1085(b)(2) or (b)(3) of this subpart using an alternative means 
of emission limitation for which a Federal Register notice has been 
published in accordance with the requirements of 40 CFR 60.114b 
permitting its use as an alternative means for the purpose of compliance 
with 40 CFR 60.112b.
    (b) Monitoring and inspection of the control equipment described in 
paragraph (a) of this section shall be conducted as follows:
    (1) After installation, owners and operators of internal floating 
roofs shall:
    (i) Visually inspect the internal floating roof, the primary seal, 
and the secondary seal (if one is in service), prior to filling the tank 
with waste. If

[[Page 495]]

there are holes, tears, or other openings in the primary seal, the 
secondary seal, or the seal fabric, or defects in the internal floating 
roof, or both, the owner or operator shall repair the items before 
filling the tank.
    (ii) For tanks equipped with a liquid-mounted or mechanical shoe 
primary seal, visually inspect the internal floating roof and the 
primary seal or the secondary seal (if one is in service) through 
manholes and roof hatches on the fixed roof at least once every 12 
months after initial fill. If the internal floating roof is not resting 
on the surface of the waste inside the tank, or there is liquid 
accumulated on the roof, or the seal is detached, or there are holes or 
tears in the seal fabric, the owner or operator shall repair the items 
or empty and remove the tank from service within 45 days. If a failure 
that is detected during inspections required in this paragraph cannot be 
repaired within 45 days and if the tank cannot be emptied within 45 
days, a 30-day extension may be requested from the Regional 
Administrator. Such a request for an extension shall document that 
alternate capacity is unavailable and specify a schedule of actions the 
owner or operator will take that will assure that the control equipment 
will be repaired or the tank will be emptied as soon as possible.
    (iii) For tanks equipped with a double-seal system as specified in 
paragraph (a)(1)(i)(B) of this section:
    (A) Visually inspect the tank as specified in paragraph (b)(1)(iv) 
of this section at least every 5 years; or
    (B) Visually inspect the tank as specified in paragraph (b)(1)(ii) 
of this section.
    (iv) Visually inspect the internal floating roof, the primary seal, 
the secondary seal (if one is in service), gaskets, slotted membranes, 
and sleeve seals (if any) each time the tank is emptied and degassed. If 
the internal floating roof has defects; the primary seal has holes, 
tears, or other openings in the seal or the seal fabric; or the 
secondary seal has holes, tears, or other openings in the seal or the 
seal fabric; or the gaskets no longer close off the waste surfaces from 
the atmosphere; or the slotted membrane has more than 10 percent open 
area, the owner or operator shall repair the items as necessary so that 
none of the conditions specified in this paragraph exist before 
refilling the tank with waste. In no event shall inspections conducted 
in accordance with this provision occur at intervals greater than 10 
years in the case of tanks conducting the annual visual inspection as 
specified in paragraph (b)(1)(ii) of this section, and at intervals no 
greater than 5 years in the case of tanks specified in paragraph 
(b)(1)(iii) of this section.
    (v) Notify the Regional Administrator in writing at least 30 days 
prior to the filling or refilling of each tank for which an inspection 
is required by paragraphs (b)(1)(i) and (b)(1)(iv) of this section to 
afford the Regional Administrator the opportunity to have an observer 
present. If the inspection required by paragraph (b)(1)(iv) of this 
section is not planned and the owner or operator could not have known 
about the inspection 30 days in advance of refilling the tank, the owner 
or operator shall notify the Regional Administrator at least 7 days 
prior to the refilling of the tank. Notification shall be made by 
telephone immediately followed by written documentation demonstrating 
why the inspection was unplanned. Alternatively, this notification, 
including the written documentation, may be made in writing and sent by 
express mail so that it is received by the Regional Administrator at 
least 7 days prior to the refilling.
    (2) After installation, the owner or operator of an external 
floating roof shall:
    (i) Determine the gap areas and maximum gap widths between the 
primary seal and the wall of the tank and between the secondary seal and 
the wall of the tank according to the following frequency:
    (A) Measurements of gaps between the tank wall and the primary seal 
(seal gaps) shall be performed during the hydrostatic testing of the 
tank or within 60 days of the initial fill with waste and at least once 
every 5 years thereafter.
    (B) Measurements of gaps between the tank wall and the secondary 
seal shall be performed within 60 days of

[[Page 496]]

the initial fill with waste and at least once per year thereafter.
    (C) If any tank ceases to hold waste for a period of 1 year or more, 
subsequent introduction of waste into the tank shall be considered an 
initial fill for the purposes of paragraphs (b)(2)(i)(A) and 
(b)(2)(i)(B) of this section.
    (ii) Determine the gap widths and areas in the primary and secondary 
seals individually by the following procedures:
    (A) Measure seal gaps, if any, at one or more floating roof levels 
when the roof is floating off the roof leg supports.
    (B) Measure seal gaps around the entire circumference of the tank in 
each place where a 0.32-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.
    (C) Determine the total surface area of each gap described in 
paragraph (b)(2)(ii)(B) of this section 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.
    (iii) Add the gap surface area of each gap location for the primary 
seal and the secondary seal individually and divide the sum for each 
seal by the nominal diameter of the tank and compare each ratio to the 
respective standards in paragraph (b)(2)(iv) of this section.
    (iv) Make necessary repairs or empty the tank within 45 days of 
identification in any inspection for seals not meeting the following 
requirements:
    (A) The accumulated area of gaps between the tank wall and the 
mechanical shoe or liquid-mounted primary seal shall not exceed 212 
cm2 per meter of tank diameter, and the width of any portion of any 
gap shall not exceed 3.81 cm.
    (1) One end of the mechanical shoe is to extend into the waste 
contained in the tank, and the other end is to extend a minimum vertical 
distance of 61 cm above the waste surface.
    (2) There are to be no holes, tears, or other openings in the shoe, 
seal fabric, or seal envelope.
    (B) The secondary seal is to meet the following requirements:
    (1) The secondary seal is to be installed above the primary seal so 
that it completely covers the space between the roof edge and the tank 
wall except as provided in paragraph (b)(2)(ii)(C) of this section.
    (2) The accumulated area of gaps between the tank wall and the 
secondary seal shall not exceed 21.2 cm2 per meter of tank 
diameter, and the width of any portion of any gap shall not exceed 1.27 
cm.
    (3) There are to be no holes, tears, or other openings in the seal 
or seal fabric.
    (v) If a failure that is detected during inspections required in 
paragraph (b)(2)(i) of this section cannot be repaired within 45 days 
and if the tank cannot be emptied within 45 days, a 30-day extension may 
be requested from the Regional Administrator. Such extension request 
shall include a demonstration of the unavailability of alternate 
capacity and a specification of a schedule that will assure that the 
control equipment will be repaired or the tank will be emptied as soon 
as possible.
    (vi) Notify the Regional Administrator 30 days in advance of any gap 
measurements required by paragraph (b)(2)(i) of this section to afford 
the Regional Administrator the opportunity to have an observer present.
    (vii) Visually inspect the external floating roof, the primary seal, 
secondary seal, and fittings each time the vessel is emptied and 
degassed.
    (A) If the external floating roof has defects, the primary seal has 
holes, tears, or other openings in the seal or the seal fabric, or the 
secondary seal has holes, tears, or other openings in the seal or the 
seal fabric, the owner or operator shall repair the items as necessary 
so that none of the conditions specified in this paragraph exist before 
filling or refilling the tank with waste.
    (B) For all the inspections required by paragraph (b)(2)(vii) of 
this section, the owner or operator shall notify the Regional 
Administrator in writing at least 30 days prior to the filling or 
refilling of each tank to afford the Regional Administrator the 
opportunity to inspect the tank prior to refilling. If

[[Page 497]]

the inspection required by paragraph (b)(2)(vii) of this section is not 
planned and the owner or operator could not have known about the 
inspection 30 days in advance of refilling the tank, the owner or 
operator shall notify the Regional Administrator at least 7 days prior 
to the refilling of the tank. Notification shall be made by telephone 
immediately followed by written documentation demonstrating why the 
inspection was unplanned. Alternatively, this notification, including 
the written documentation, may be made in writing and sent by express 
mail so that it is received by the Regional Administrator at least 7 
days prior to the refilling.
    (c) Owners and operators who elect to install and operate the 
control equipment in paragraph (a) of this section shall include the 
following information in the operating record in accordance with the 
requirements of Sec. 265.1090(a)(1) and (a)(11) of this subpart:
    (1) Internal floating roof.
    (i) Documentation that describes the control equipment design and 
certifies that the control equipment meets the specifications of 
paragraphs (a)(1) and (b)(1) of this section.
    (ii) Records of each inspection performed as required by paragraphs 
(b)(1)(i) through (b)(1)(iv) of this section. Each record shall identify 
the tank on which the inspection was performed and shall contain the 
date the tank was inspected and the observed condition of each component 
of the control equipment (seals, internal floating roof, and fittings).
    (iii) If any of the conditions described in paragraph (b)(1)(ii) of 
this section are detected during the annual visual inspection required 
by paragraph (b)(1)(ii) of this section, the records shall identify the 
tank, the nature of the defects, and the date the tank was emptied or 
the nature of and date the repair was made.
    (iv) After each inspection required by paragraph (b)(1)(iii) of this 
section that finds holes or tears in the seal or seal fabric, or defects 
in the internal floating roof, or other control equipment defects listed 
in paragraph (b)(1)(ii) of this section, the records shall identify the 
tank and the reason it did not meet the specifications of paragraph 
(a)(1) or (b)(1)(iii) of this section and describe each repair made.
    (2) External floating roof.
    (i) Documentation that describes the control equipment design and 
certifies that the control equipment meets the specifications of 
paragraphs (a)(2) and (b)(2)(ii) through (b)(2)(iv) of this section.
    (ii) Records of each gap measurement performed as required by 
paragraph (b)(2) of this section. Each record shall identify the tank in 
which the measurement was performed, the date of measurement, the raw 
data obtained in the measurement, and the calculations described in 
paragraphs (b)(2)(ii) and (b)(2)(iii) of this section.
    (iii) Records for each seal gap measurement that detects gaps 
exceeding the limitations specified by paragraph (b)(2)(iv) of this 
section that identifies the tank, the date the tank was emptied or the 
repairs made, and the nature of the repair.

[59 FR 62935, Dec. 6, 1994, as amended at 61 FR 4915, Feb. 9, 1996]



                    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

[[Page 498]]

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

[[Page 499]]

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

[[Page 500]]

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

[[Page 502]]

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.



PART 266--STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES--Table of Contents




                        Subparts A--B [Reserved]

 Subpart C--Recyclable Materials Used in a Manner Constituting Disposal

Sec.
266.20  Applicability.
266.21  Standards applicable to generators and transporters of materials 
          used in a manner that constitute disposal.
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.
266.23  Standards applicable to users of materials that are used in a 
          manner that constitutes disposal.

                         Subpart D-E--[Reserved]

  Subpart F--Recyclable Materials Utilized for Precious Metal Recovery

266.70  Applicability and requirements.

          Subpart G--Spent Lead-Acid Batteries Being Reclaimed

266.80  Applicability and requirements.

  Subpart H--Hazardous Waste Burned in Boilers and Industrial Furnaces

266.100  Applicability.
266.101  Management prior to burning.
266.102  Permit standards for burners.
266.103  Interim status standards for burners.
266.104  Standards to control organic emissions.
266.105  Standards to control particulate matter.
266.106  Standards to control metals emissions.

[[Page 505]]

266.107  Standards to control hydrogen chloride (HCl) and chlorine gas 
          (Cl2) emissions.
266.108  Small quantity on-site burner exemption.
266.109  Low risk waste exemption.
266.110  Waiver of DRE trial burn for boilers.
266.111  Standards for direct transfer.
266.112  Regulation of residues.

                         Appendices to Part 266

Appendix I--Tier I and Tier II Feed Rate and Emissions Screening Limits 
          for Metals
Appendix II--Tier I Feed Rate Screening Limits for Total Chlorine
Appendix III--Tier II Emission Rate Screening Limits for Free Chlorine 
          and Hydrogen Chloride
Appendix IV--Reference Air Concentrations
Appendix V--Risk Specific Doses (10-5)
Appendix VI--Stack Plume Rise
Appendix VII--Health-Based Limits for Exclusion of Waste-Derived 
          Residues
Appendix VIII--Potential PICs for Determination of Exclusion of Waste-
          Derived Residues
Appendix IX--Methods Manual for Compliance With the BIF Regulations
Appendix X--[Reserved]
Appendix XI--Lead-Bearing Materials That May Be Processed in Exempt Lead 
          Smelters
Appendix XII--Nickel or Chromium-Bearing Materials That May Be Processed 
          in Exempt Nickel-Chromium Recovery Furnaces
Appendix XIII--Mercury Bearing Wastes That May Be Processed in Exempt 
          Mercury Recovery Units

    Authority: 42 U.S.C 1006, 2002(a), 3004, 3014, 6905, 6906, 6912, 
6922, 6923, 6924, 6925, 6934, and 6937, effective July 11, 1996.

    Source: 50 FR 666, Jan. 4, 1985, unless otherwise noted.



                        Subparts A--B [Reserved]



 Subpart C--Recyclable Materials Used in a Manner Constituting Disposal



Sec. 266.20  Applicability.

    (a) The regulations of this subpart 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 subpart 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 
are not presently subject to regulation if the 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 subpart D of part 268 (or applicable 
prohibition levels in Sec. 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. Commercial fertilizers that 
are produced for the general public's use that contain recyclable 
materials also are not presently subject to regulation provided they 
meet these same treatment standards or prohibition levels for each 
recyclable material that they contain. However, zinc-containing 
fertilizers using hazardous waste K061 that are produced for the general 
public's use are not presently subject to regulation.
    (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 
regulation.

[50 FR 666, Jan. 4, 1985, as amended at 52 FR 21307, June 5, 1987; 54 FR 
36970, Sept. 6, 1989; 59 FR 43500, Aug. 24, 1994]



Sec. 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 
parts 262 and 263 of this chapter, and the notification requirement 
under section 3010 of RCRA.

[[Page 506]]



Sec. 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 subparts A through L of parts 264 and 265 and 
parts 270 and 124 of this chapter and the notification requirement under 
section 3010 of RCRA.



Sec. 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 parts 124, 264, 265, 268, and 270 
of this chapter 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 Sec. 266.20(b) of this 
chapter.)
    (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.

[50 FR 666, Jan. 4, 1985, as amended at 50 FR 28750, July 15, 1985; 59 
FR 48042, Sept. 19, 1994]



                         Subpart D-E--[Reserved]



  Subpart F--Recyclable Materials Utilized for Precious Metal Recovery



Sec. 266.70  Applicability and requirements.

    (a) The regulations of this subpart apply to recyclable materials 
that are reclaimed to recover economically significant amounts of gold, 
silver, platinum, paladium, irridium, osmium, rhodium, ruthenium, or any 
combination of these.
    (b) Persons who generate, transport, or store recyclable materials 
that are regulated under this subpart are subject to the following 
requirements:
    (1) Notification requirements under section 3010 of RCRA;
    (2) Subpart B of part 262 (for generators), Secs. 263.20 and 263.21 
(for transporters), and Secs. 265.71 and 265.72 (for persons who store) 
of this chapter; and
    (3) For precious metals exported to or imported from designated OECD 
member countries for recovery, subpart H of part 262 and 
Sec. 265.12(a)(2) of this chapter. For precious metals exported to or 
imported from non-OECD countries for recovery, subparts E and F of 40 
CFR part 262.
    (c) Persons who store recycled materials that are regulated under 
this subpart must keep the following records to document that they are 
not accumulating these materials speculatively (as defined in 
Sec. 261.1(c) of this chapter);
    (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 subpart that 
are accumulated speculatively (as defined in Sec. 261.1(c) of this 
chapter) are subject to all applicable provisions of parts 262 through 
265, 270 and 124 of this chapter.

[50 FR 666, Jan. 4, 1985, as amended at 61 FR 16315, Apr. 12, 1996]

    Effective Date Note: At 61 FR 16315, Apr. 12, 1996, Sec. 266.70 was 
amended by adding the word ``and'' at the end of (a)(2) and adding 
(a)(3), effective July 11, 1996.



          Subpart G--Spent Lead-Acid Batteries Being Reclaimed



Sec. 266.80  Applicability and requirements.

    (a) The regulations of this subpart apply to persons who reclaim 
(including regeneration) spent lead-acid batteries that are recyclable 
materials (``spent batteries''). Persons who generate, transport, or 
collect spent batteries, who regenerate spent batteries, or who store 
spent batteries but do not reclaim them (other than spent batteries that 
are to be regenerated) are not subject to regulation under parts

[[Page 507]]

262 through 266 or part 270 or 124 of this chapter, and also are not 
subject to the requirements of section 3010 of RCRA.
    (b) Owners or operators of facilities that store spent lead acid 
batteries before reclaiming (other than spent batteries that are to be 
regenerated) them are subject to the following requirements.

[50 FR 666, Jan. 4, 1985, as amended at 50 FR 33543, Aug. 20, 1985; 60 
FR 25542, May 11, 1995]



  Subpart H--Hazardous Waste Burned in Boilers and Industrial Furnaces

    Source: 56 FR 7208, Feb. 21, 1991, unless otherwise noted.



Sec. 266.100  Applicability.

    (a) The regulations of this subpart apply to hazardous waste burned 
or processed in a boiler or industrial furnace (as defined in 
Sec. 260.10 of this chapter) irrespective of the purpose of burning or 
processing, except as provided by paragraphs (b), (c), (d), and (f) of 
this section. 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 Secs. 266.104, 266.105, 
266.106, and 266.107 apply to facilities operating under interim status 
or under a RCRA permit as specified in Secs. 266.102 and 266.103.
    (b) The following hazardous wastes and facilities are not subject to 
regulation under this subpart:
    (1) Used oil burned for energy recovery that is also a hazardous 
waste solely because it exhibits a characteristic of hazardous waste 
identified in subpart C of part 261 of this chapter. Such used oil is 
subject to regulation under part 279 of this chapter;
    (2) Gas recovered from hazardous or solid waste landfills when such 
gas is burned for energy recovery;
    (3) Hazardous wastes that are exempt from regulation under 
Secs. 261.4 and 261.6(a)(3) (iv) through (vi) of this chapter, and 
hazardous wastes that are subject to the special requirements for 
conditionally exempt small quantity generators under Sec. 261.5 of this 
chapter; and
    (4) Coke ovens, if the only hazardous waste burned is EPA Hazardous 
Waste No. K087, decanter tank tar sludge from coking operations.
    (c) 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 regulation under this subpart, except for 
Secs. 266.101 and 266.112.
    (1) To be exempt from Secs. 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 
(c)(3) 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 (c)(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 under 
procedures specified by Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods, SW-846, incorporated by reference in 
Sec. 260.11 of this chapter or alternative methods that meet or exceed 
the SW-846 method performance capabilities. If SW-846 does not prescribe 
a method for a particular determination, the owner or operator shall use 
the best available method; and
    (iii) Maintain at the facility for at least three years records to 
document compliance with the provisions of this

[[Page 508]]

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 part 261, appendix VIII, of this chapter 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 (c)(1)(iii) of this section; 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 
(c)(1)(iii) of this section.
    (3) To be exempt from Secs. 266.102 through 266.111, an owner or 
operator of a lead or nickel-chromium or mercury recovery furnace, 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 (c)(1) of this section. The 
owner or operator must comply with the requirements of paragraph (c)(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 (c)(3).
    (i) The hazardous wastes listed in appendices XI, XII, and XIII, 
part 266, and baghouse bags used to capture metallic dusts emitted by 
steel manufacturing are exempt from the requirements of paragraph (c)(1) 
of this section, provided that:
    (A) A waste listed in appendix IX of this part must contain 
recoverable levels of lead, a waste listed in appendix XII of this part 
must contain recoverable levels of nickel or chromium, a waste listed in 
appendix XIII of this part must contain recoverable levels of mercury 
and contain less than 500 ppm of 40 CFR part 261, appendix VIII organic 
constituents, and baghouse bags used to capture metallic dusts emitted 
by steel manufacturing must contain recoverable levels of metal; and
    (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 part that contains a total concentration of more than 500 ppm 
toxic organic compounds listed in appendix VIII, part 261 of this 
chapter, may pose a hazard to human health and the environment when 
burned in a metal recovery furnace exempt from the requirements of this 
subpart. 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 part 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.
    (d) The standards for direct transfer operations under Sec. 266.111 
apply only to facilities subject to the permit standards of Sec. 266.102 
or the interim status standards of Sec. 266.103.
    (e) The management standards for residues under Sec. 266.112 apply 
to any

[[Page 509]]

boiler or industrial furnace burning hazardous waste.
    (f) 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, paladium, irridium, osmium, rhodium, or 
ruthenium, or any combination of these are conditionally exempt from 
regulation under this subpart, except for Sec. 266.112. To be exempt 
from Secs. 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 is burned for recovery of economically significant 
amounts of precious metal using procedures specified by Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods, SW-846, incorporated 
by reference in Sec. 260.11 of this chapter or alternative methods that 
meet or exceed the SW-846 method performance capabilities. If SW-846 
does not prescribe a method for a particular determination, the owner or 
operator shall use the best available method; 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.

[56 FR 7208, Feb. 21, 1991; 56 FR 32688, July 17, 1991, as amended at 56 
FR 42513, Aug. 27, 1991; 56 FR 43877, Sept. 5, 1991; 57 FR 27888, June 
22, 1992; 57 FR 38564, Aug. 25, 1992; 57 FR 41612, Sept. 10, 1992; 59 FR 
38545, July 28, 1994; 59 FR 48042, Sept. 19, 1994]



Sec. 266.101  Management prior to burning.

    (a) Generators. Generators of hazardous waste that is burned in a 
boiler or industrial furnace are subject to part 262 of this chapter.
    (b) Transporters. Transporters of hazardous waste that is burned in 
a boiler or industrial furnace are subject to part 263 of this chapter.
    (c) Storage facilities. (1) Owners and operators of facilities that 
store hazardous waste that is burned in a boiler or industrial furnace 
are subject to the applicable provisions of parts 264, 265, and 270 of 
this chapter, except as provided by paragraph (c)(2) of this section. 
These standards apply to storage by the burner as well as to storage 
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 regulation under the small 
quantity burner provisions of Sec. 266.108, hazardous waste that they 
generate are exempt from the regulations of parts 264, 265, and 270 of 
this chapter 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 regulation as prescribed in paragraph (c)(1) of this 
section.

[56 FR 7208, Feb. 21, 1991, as amended at 57 FR 38564, Aug. 25, 1992]



Sec. 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 
Secs. 270.22 and 270.66 of this chapter, unless exempt under the small 
quantity burner exemption of Sec. 266.108.
    (2) Applicability of part 264 standards. Owners and operators of 
boilers and industrial furnaces that burn hazardous

[[Page 510]]

waste are subject to the following provisions of part 264 of this 
chapter, except as provided otherwise by this subpart:
    (i) In subpart A (General), 264.4;
    (ii) In subpart B (General facility standards), Secs. 264.11-264.18;
    (iii) In subpart C (Preparedness and prevention), Secs. 264.31-
264.37;
    (iv) In subpart D (Contingency plan and emergency procedures), 
Secs. 264.51-264.56;
    (v) In subpart E (Manifest system, recordkeeping, and reporting), 
the applicable provisions of Secs. 264.71-264.77;
    (vi) In subpart F (Corrective Action), Secs. 264.90 and 264.101;
    (vii) In subpart G (Closure and post-closure), Secs. 264.111-
264.115;
    (viii) In subpart H (Financial requirements), Secs. 264.141, 
264.142, 264.143, and 264.147-264.151, except that States and the 
Federal government are exempt from the requirements of subpart H; and
    (ix) Subpart BB (Air emission standards for equipment leaks), except 
Secs. 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 part 261 of this chapter 
that may reasonably be expected to be in the waste. Such constituents 
must be identified and quantified if present, at levels detectable by 
analytical procedures prescribed by Test Methods for Evaluating Solid 
Waste, Physical/Chemical Methods (incorporated by reference, see 
Sec. 260.11 of this chapter). Alternative methods that meet or exceed 
the method performance capabilities of SW-846 methods may be used. If 
SW-846 does not prescribe a method for a particular determination, the 
owner or operator shall use the best available method. The appendix 
VIII, part 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 subpart and 
Sec. 270.22 and Sec. 270.66 of this chapter 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 subpart, as a portion of the trial burn 
plan that may be submitted before the part B application under 
provisions of Sec. 270.66(g) of this chapter 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 Secs. 270.22 or 270.66(c) of this chapter 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 Secs. 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 Sec. 270.66 of 
this chapter.
    (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 Sec. 270.22 of this 
chapter.
    (3) Boilers and industrial furnaces operating under the interim 
status standards of Sec. 266.103 are permitted under procedures provided 
by Sec. 270.66(g) of this chapter.
    (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

[[Page 511]]

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 Secs. 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 Sec. 266.104, 
Sec. 266.105, Sec. 266.106, or Sec. 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 Secs. 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 Secs. 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 Sec. 270.22 of this chapter, as sufficient 
to ensure compliance with the emissions standards of Secs. 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 
Sec. 270.22) to be sufficient to comply with the destruction and removal 
efficiency (DRE) performance standard of Sec. 266.104(a) or as those 
special operating requirements provided by Sec. 266.104(a)(4) for the 
waiver of the DRE trial burn. When the DRE trial burn is not waived 
under Sec. 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;

[[Page 512]]

    (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 Sec. 270.66 of this chapter 
demonstrating adequate combustion gas residence time; and
    (G) Such other operating requirements as are necessary to ensure 
that the DRE performance standard of Sec. 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 Sec. 266.104. The permit limits will be specified as follows:
    (A) When complying with the CO standard of Sec. 266.104(b)(1), the 
permit limit is 100 ppmv;
    (B) When complying with the alternative CO standard under 
Sec. 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 Sec. 266.104(c)(1)), except as provided in 
Sec. 266.104(f).
    (C) When complying with the alternative HC limit for industrial 
furnaces under Sec. 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 Secs. 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 Sec. 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 Sec. 266.111(b) 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 Sec. 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 
Sec. 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 Sec. 266.106(c) and the Tier III metals controls under 
Sec. 266.106(d), the permit shall specify the following operating 
requirements:

[[Page 513]]

    (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 feedstreams;
    (2) Total hazardous waste feed; and
    (3) Total pumpable hazardous waste feed;
    (D) Total feed rate of chlorine and chloride in total feedstreams 
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 Secs. 266.106(c) or 266.106(d) are met.
    (iii) For conformance with an alternative implementation approach 
approved by the Director under Sec. 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 feedstreams 
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 Secs. 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 Sec. 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 chorline 
for the

[[Page 514]]

hazardous waste, other fuels, and industrial furnace feestocks;
    (ii) For conformance with the Tier II HCl and Cl2 emission rate 
screening limits under Sec. 266.107(b)(2) and the Tier III HCl and 
Cl2 controls under Sec. 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 feedstreams, 
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 Sec. 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 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

[[Page 515]]

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 Secs. 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 Secs. 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 Sec. 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

[[Page 516]]

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 part.
    (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 Secs. 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, values, 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 Sec. 264.73 
of this chapter.
    (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 Sec. 266.111.
    (10) Recordkeeping. The owner or operator must keep in the operating 
record of the facility all information and data required by this section 
until closure of the facility.
    (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.

[56 FR 7208, Feb. 21, 1991; 56 FR 32688, July 17, 1991, as amended at 56 
FR 42512, 42514, Aug. 27, 1991]



Sec. 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 Sec. 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 regulations dealing with permit modifications 
in Sec. 270.42 or changes in interim status in Sec. 270.72 of this 
chapter.
    (2) Exemptions. The requirements of this section do not apply to 
hazardous waste and facilities exempt under Secs. 266.100(b), or 
266.108.

[[Page 517]]

    (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 part 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 part 265 of this chapter, except as provided otherwise by this 
section:
    (i) In subpart A (General), Sec. 265.4;
    (ii) In subpart B (General facility standards), Secs. 265.11-265.17;
    (iii) In subpart C (Preparedness and prevention), Secs. 265.31-
265.37;
    (iv) In subpart D (Contingency plan and emergency procedures), 
Secs. 265.51-265.56;
    (v) In subpart E (Manifest system, recordkeeping, and reporting), 
Secs. 265.71-265.77, except that Secs. 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 subpart G (Closure and post-closure), Secs. 265.111-265.115;
    (vii) In subpart H (Financial requirements), Secs. 265.141, 265.142, 
265.143, and 265.147-265.151, except that States and the Federal 
government are exempt from the requirements of subpart H; and
    (viii) Subpart BB (Air emission standards for equipment leaks), 
except Sec. 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  deg.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 Sec. 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 part 261, appendix VIII, of this chapter 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

[[Page 518]]

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 subpart O of part 265 of 
this chapter, or the interim status standards for thermal treatment 
units provided by subpart P of part 265 of this chapter; and
    (B) The boiler or industrial furnace met the interim status 
eligibility requirements under Sec. 270.70 of this chapter for subpart O 
or subpart P of part 265 of this chapter; 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 Sec. 261.2(e) of this chapter 
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 Sec. 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 Secs. 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 Secs. 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 Sec. 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

[[Page 519]]

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 part.
    (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 part.
    (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 
Sec. 270.11(d) of this chapter 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 Secs. 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 Secs. 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 Sec. 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 part.
    (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 Sec. 266.106(d) or 
Sec. 266.107(c), or adjusted Tier I feed rate screening limits under 
Secs. 266.106(e) or 266.107(e):
    (1) Dispersion model and version used;
    (2) Source of meterological 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

[[Page 520]]

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 
Sec. 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 Sec. 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 
Sec. 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 Sec. 266.107 (b)(1) 
or (e) and for all metals under Sec. 266.106 (b) or (e), and the 
uncontrolled particulate emissions do not exceed the standard under 
Sec. 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 
part.
    (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:

[[Page 521]]

    (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 a 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 Ageny 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

[[Page 522]]

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 applicable EPA Regional 
Office, Hazardous Waste Division, where further information can be 
obtained on EPA regulation 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 part, 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 Sec. 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 Sec. 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 
Secs. 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

[[Page 523]]

these operating limits and the applicable emissions standards of 
Secs. 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 
Sec. 266.106(b) or (e) and the total chlorine and chloride feed rate 
screening limits under Sec. 266.107(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 Sec. 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 feedsteams;
    (B) Total hazardous waste feed (unless complying with the Tier I or 
Adjusted Tier I metals feed rate screening limits under Sec. 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 
Sec. 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 
Sec. 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 
Sec. 266.104(b), the CO limit is 100 ppmv, and when complying with the 
HC controls of Sec. 266.104(c), the HC limit is 20 ppmv. When complying 
with the CO controls of Sec. 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 Sec. 266.107(b)(1) 
or (e) and for all metals under Sec. 266.106(b) or (e), and the 
uncontrolled particulate emissions do not exceed the standard under 
Sec. 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 
Sec. 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 Sec. 266.106(b) or (e) and the total 
chlorine and chloride feed rate screening limits under Sec. 266.107(b) 
or (e));
    (ix) For systems using wet scrubbers, including wet ionizing 
scrubbers (unless complying with Tier I or Adjusted Tier I metals feed 
rate screening limits under Sec. 266.106(b)(1) or (e)):
    (A) Minimum liquid to flue gas ration;
    (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 Sec. 266.106(b) 
or (e) and the total chlorine and chloride feed rate screening limits 
under Sec. 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 
Sec. 266.106(b) or (e) and the total chlorine and chloride feed rate 
screening limits under Sec. 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

[[Page 524]]

(unless complying with the Tier I or Adjusted Tier I metals feed rate 
screening limits under Sec. 266.106(b) or (e) and the total chlorine and 
chloride feed rate screening limits under Sec. 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 Sec. 266.106(b) or (e) and the total 
chlorine and chloride feed rate screening limits under 
Sec. 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  deg.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 Sec. 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 
Sec. 266.106(c) or (d):
    (A) The special testing requirements prescribed in ``Alternative 
Method for

[[Page 525]]

Implementing Metals Controls'' in appendix IX of this part; 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 
Sec. 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 concentration, and where required, hydrocarbon 
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 Secs. 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 Secs. 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 Secs. 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 Sec. 266.103(c)(2)(iii) 
have been followed, or a description of any changes and an explanation 
of why changes were necessary.

[[Page 526]]

    (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 Sec. 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 
regulation under Sec. 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 Secs. 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 a 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

[[Page 527]]

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 Sec. 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 Sec. 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 part 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 part; 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 Secs. 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

[[Page 528]]

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 Sec. 266.104(f) and obtain a RCRA operating permit because 
the facility cannot meet the HC limit of Sec. 266.104(c) of this 
chapter:
    (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 Sec. 270.22(b) of this chapter; 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 Sec. 266.104(e) and the controls 
on PM, metals, and HCl/Cl2.
    (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 Sec. 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 
Secs. 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 Secs. 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 Secs. 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 Secs. 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

[[Page 529]]

provisions of paragraph (c) of this section within three 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 Sec. 270.66 of this chapter. For purposes of compliance 
with the closure provisions of paragraph (l) of this section and 
Secs. 265.112(d)(2) and 265.113 of this chapter 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 a 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

[[Page 530]]

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 Secs. 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 
until closure of the boiler or industrial furnace unit.
    (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 Secs. 265.111-265.115 of this 
chapter.

[56 FR 7208, Feb. 21, 1991; 56 FR 32689, July 17, 1991, as amended at 56 
FR 42512, 42514, Aug. 27, 1991; 57 FR 38564, Aug. 25, 1992; 57 FR 45000, 
Sept. 30, 1992; 60 FR 33913, June 29, 1995]



Sec. 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:

                                                                        
                          Wout                                          
  DRE=   <5-ln [>   1- --------- <5-ln ]>   x 100                       
                          Win                                           
                                                                        

where:

    W in= Mass feed rate of one principal organic hazardous 
constituent (POHC) in the hazardous waste fired to the boiler or 
industrial furnace; and
    W out= 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 Sec. 270.66 of this chapter. 
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

[[Page 531]]

of waste analyses submitted with part B of the permit application. POHCs 
are most likely to be selected from among those compounds listed in part 
261, appendix VIII of this chapter that are also present in the normal 
waste feed. However, if the applicant demonstrates to the Regional 
Administrator'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 
Sec. 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 Sec. 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 part. 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.

[[Page 532]]

    (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 
Sec. 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 
deg.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 tetra-octa congeners of 
chlorinated dibenzo-p-dioxins and dibenzofurans (CDDs/CDFs) using Method 
23, ``Determination of Polychlorinated Dibenzo-p-Dioxins (PCDDs) and 
Polychlorinated Dibenzofurans (PCDFs) from Stationary Sources'', in 
appendix IX of this part;
    (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 part. 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 part 51 of this chapter (``Guideline on Air Quality Models 
(Revised)'' (1986) and its supplements), the ``Hazardous Waste 
Combustion Air Quality Screening Procedure'', provided in appendix IX of 
this part, or in Screening Procedures for Estimating the Air Quality 
Impact of Stationary Sources, Revised (incorporated by reference in 
Sec. 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 
Sec. 266.102) will be regarded as compliance with this section.

[[Page 533]]

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 Sec. 270.41 of this chapter.

[56 FR 7208, Feb. 21, 1991; 56 FR 32689, July 17, 1991, as amended at 57 
FR 38565, Aug. 25, 1992; 58 FR 38883, July 20, 1993; 60 FR 33914, June 
29, 1995]



Sec. 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 Sec. 266.109(b) 
for the low risk waste exemption is exempt from the particulate matter 
standard.
    (c) For the purposes of permit enforcement, compliance with the 
operating requirements specified in the permit (under Sec. 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 
Sec. 270.41 of this chapter.



Sec. 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 using analytical 
procedures specified in Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods (SW-846), incorporated by reference in 
Sec. 260.11 of this chapter.
    (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 part.
    (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 
Sec. 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 
Sec. 266.102(e)(6)(i)(B);
    (B) An averaging period of 2 to 24 hours as defined in 
Sec. 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 part. 
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:


                                                n                       
                                               (i)       1.0 
                                                   --------------       
                                               i=1     FRSL(i)          
                                                                        

where:
    n=number of carcinogenic metals
    AFR=actual feed rate to the device for metal ``i''
    FRSL=feed rate screening limit provided by appendix I of this part 
for metal ``i''.


[[Page 534]]


    (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 
Sec. 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:

TESH=Ha+H1-Tr

where:
    Ha=Actual physical stack height
    H1=Plume rise as determined from appendix VI of this part 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 part 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:

    K=HVT
Where:
    K=a parameter accounting for relative influence of stack height and 
plume rise;
    H=physical stack height (meters);
    V=stack gas flow rate (m\3\/second); and
    T=exhaust temperature ( deg.K).

The stack with the lowest value of K 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

[[Page 535]]

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 part.
    (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 part. 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:


                                                n                       
                                               (i)       1.0 
                                                   --------------       
                                               i=1     ERSL(i)          
                                                                        


where:
    n=number of carcinogenic metals
    AER=actual emission rate for metal ``i''
    ERSL=emission rate screening limit provided by appendix I of this 
part 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 Secs. 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 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,

[[Page 536]]

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:


                                                                                                                
                                  n        Predicted Ambient Concentration(i)                                   
                             ---------------------------------------------------                                
                                                                        1.0                 
                             -----------          Risk-Specific Dose(i)                                         
                                 i=1                                                                            
                                                                                                                

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 Secs. 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 part 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 part 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 part 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

[[Page 537]]

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 the Multiple Metals Train as described in appendix IX 
of this part.
    (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 appendix IX of this part.
    (h) Dispersion Modeling. Dispersion modeling required under this 
section shall be conducted according to methods recommended in appendix 
W of part 51 of this chapter (``Guideline on Air Quality Models 
(Revised)'' (1986) and its supplements), the ``Hazardous Waste 
Combustion Air Quality Screening Procedure'', provided in appendix IX of 
this part, or in Screening Procedures for Estimating the Air Quality 
Impact of Stationary Sources, Revised (incorporated by reference in 
Sec. 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 
Sec. 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 Sec. 270.41 of this chapter.

[56 FR 7208, Feb. 21, 1991; 56 FR 32689, July 17, 1991; 57 FR 38565, 
Aug. 25, 1992; 58 FR 38883, July 20, 1993]



Sec. 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 (Cl2) 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 part 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 part 
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 Cl2 shall not exceed the levels specified.
    (3) Definitions and limitations. The definitions and limitations 
provided by Sec. 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 
Sec. 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-
case stack.
    (c) Tier III site-specific risk assessments--(1) General. 
Conformance with

[[Page 538]]

the Tier III controls must be demonstrated by emissions testing to 
determine the emission rate for HCl and Cl2, 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 part 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 Sec. 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 part 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 part 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 appendix IX of this part.
    (g) Dispersion modeling. Dispersion modeling shall be conducted 
according to the provisions of Sec. 266.106(h).
    (h) Enforcement. For the purposes of permit enforcement, compliance 
with the operating requirements specified in the permit (under 
Sec. 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 Sec. 270.41 of this chapter.

[56 FR 7208, Feb. 21, 1991; 56 FR 32690, July 17, 1991; 57 FR 38566, 
Aug. 25, 1992]



Sec. 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 subpart 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 
Sec. 266.106(b)(3):

          Exempt Quantities for Small Quantity Burner Exemption         
------------------------------------------------------------------------
                                 Allowable                     Allowable
                                 hazardous                     hazardous
                                   waste     Terrain-adjusted    waste  
   Terrain-adjusted effective     burning    effective stack    burning 
stack height of device (meters)     rate     height of device     rate  
                                 (gallons/       (meters)      (gallons/
                                   month)                        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 

[[Page 539]]

                                                                        
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:

                                                                                                                
                                      n         Actual Quantity Burned(i)                                       
                                 -------------------------------------------                                    
                                                                    1.0                     
                                 -----------  Allowable Quantity Burned(i)                                      
                                     i=1                                                                        
                                                                                                                


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 Sec. 261.5 of this chapter may be 
burned in an off-site device under the exemption provided by 
Sec. 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 EPA 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 Sec. 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.

[56 FR 7208, Feb. 21, 1991; 56 FR 32690, July 17, 1991, as amended at 56 
FR 42515, Aug. 27, 1991; 57 FR 38566, Aug. 25, 1992]



Sec. 266.109  Low risk waste exemption.

    (a) Waiver of DRE standard. The DRE standard of Sec. 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;

[[Page 540]]

    (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 Sec. 266.104(b)(1). Devices subject to the 
exemption provided by this section are not eligible for the alternative 
carbon monoxide controls provided by Sec. 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, part 261 of this chapter 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 
constitutent 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 
constitutent 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 Sec. 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 
part, 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 particular matter standard. The particulate matter 
standard of Sec. 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 Sec. 266.106 (b) or (e).

[56 FR 7208, Feb. 21, 1991; 56 FR 32690, July 17, 1991, as amended at 56 
FR 42515, Aug. 27, 1991]



Sec. 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 
Sec. 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;

[[Page 541]]

    (d) The device shall operate in conformance with the carbon monoxide 
standard provided by Sec. 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 Sec. 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.

[56 FR 7208, Feb. 21, 1991; 56 FR 32690, July 17, 1991, as amended at 56 
FR 42515, Aug. 27, 1991]



Sec. 266.111  Standards for direct transfer.

    (a) Applicability. The regulations in this section apply to owners 
and operators of boilers and industrial furnaces subject to 
Secs. 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 Secs. 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

[[Page 542]]

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 Sec. 264.175 of this chapter;
    (2) The use and management requirements of subpart I, part 265 of 
this chapter, except for Secs. 265.170 and 265.174, and except that in 
lieu of the special requirements of Sec. 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 Sec. 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 Sec. 264.178 of this chapter.
    (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 Sec. 265.193 of this chapter, 
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 Sec. 270.11(d) of this chapter 
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 Secs. 265.196 (a) and (b) 
of this chapter.
    (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;

[[Page 543]]

    (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 Sec. 265.195(b) of this chapter:
    (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 Sec. 265.192 of this 
chapter.
    (5) Response to leaks or spills. Owners and operators must comply 
with the requirements of Sec. 265.196 of this chapter.
    (6) Closure. Owners and operators must comply with the requirements 
of Sec. 265.197 of this chapter, except for Sec. 265.197 (c)(2) through 
(c)(4).

[50 FR 666, Jan. 4, 1985, as amended at 56 FR 42515, Aug. 27, 1991]



Sec. 266.112  Regulation 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 Sec. 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 
Sec. 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, part 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 part that may be 
generated as products of incomplete combustion. Sampling and analyses 
shall be in conformance with procedures prescribed in Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods, incorporated by 
reference in Sec. 260.11(a) of this chapter.
    (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 part.

[[Page 544]]

    (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 part, or the level of detection (using 
analytical procedures prescribed in SW-846), 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 prescribed in SW-
846), whichever is higher, shall be used. The levels specified in 
appendix VII of this part (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 chapter) 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 Sec. 268.43 of this chapter for FO39 nonwastewaters. In 
complying with those alternative levels, if an owner or operator is 
unable to detect a constituent despite documenting use of best good-
faith efforts as defined by applicable Agency 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 Sec. 268.43 for FO39 nonwastewaters. The stay will 
remain in effect until further administrative action is taken and notice 
is published in the Federal Register and the Code of Federal 
Regulations; and
    (ii) Metal constituents. The concentration of metals in an extract 
obtained using the Toxicity Characteristic Leaching Procedure of 
Sec. 261.24 of this chapter must not exceed the levels specified in 
appendix VII of this part; 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, part 261, that are 
present in waste-derived residues;

[[Page 545]]

    (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, part 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.

[50 FR 666, Jan. 4, 1985, as amended at 56 FR 42516, Aug. 27, 1991; 57 
FR 38566, Aug. 25, 1992; 58 FR 59602, Nov. 9, 1993]

[[Page 546]]

Pt. 266, App. I

                            Appendix I to Part 266--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                    8.6E+05                    1.6E+03                    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                             
                                                                                    [Values for 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.................................  3.1E+01                    5.2E+03                    9.4E+00                    3.1E+01                    3.1E+02                    3.1E+01              

[[Page 547]]

                                                                                                                                                                                                
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                    9.0E+05                    1.6E+03                    5.4E+03                    5.4E+04                    5.4E+03              
75................................  6.4E+03                    1.1E+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................................  1.1E+04                    1.8E+06                    3.3E+03                    1.1E+04                    1.1E+05                    1.1E+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                    3.0E+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...............................  3.1E+04                    5.0E+06                    9.2E+03                    3.1E+04                    3.1E+05                    3.1E+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                    1.1E+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................................  1.0E+02                    1.8E+04                    3.2E+01                    1.0E+02                    1.0E+03                    1.0E+02              

[[Page 548]]

                                                                                                                                                                                                
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 eff. stack ht.                                                                                                                                                                
               (m)                   Arsenic (g/hr)       Cadmium (g/hr)      Chromium (g/hr)    Beryllium (g/hr)     Arsenic (g/hr)      Cadmium (g/hr)      Chromium (g/hr)   Beryllium (g/hr)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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         

[[Page 549]]

                                                                                                                                                                                                
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           

[[Page 550]]

                                                                                                                                                        
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           
--------------------------------------------------------------------------------------------------------------------------------------------------------



[56 FR 7228, Feb. 21, 1991; 56 FR 32690, July 17, 1991]                                                         
                                                                                                                


[[Page 551]]

      

                  Appendix II to Part 266--Tier I Feed Rate Screening Limits for Total Chlorine                 
----------------------------------------------------------------------------------------------------------------
                                                       Noncomplex Terrain                     Complex Terrain   
   Terrain-adjusted effective stack    -------------------------------------------------------------------------
              height (m)                      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               
----------------------------------------------------------------------------------------------------------------

[56 FR 32690, July 17, 1991]

                        Appendix III to Part 266--Tier II Emission Rate Screening Limits for Free Chlorine and Hydrogen Chloride                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Noncomplex terrain                                           Complex terrain           
                                  ----------------------------------------------------------------------------------------------------------------------
 Terrain-adjusted effective stack          Values for urban areas                  Values for rural areas            Values for use in urban and rural  
            height (m)            --------------------------------------------------------------------------------                 areas                
                                                                                                                  --------------------------------------
                                       C12 (g/hr)          HC1 (g/hr)          C12 (g/hr)          HC1 (g/hr)          C12 (g/hr)          HC1 (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          

[[Page 552]]

                                                                                                                                                        
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          
--------------------------------------------------------------------------------------------------------------------------------------------------------

[56 FR 32691, July 17, 1991]

         Appendix IV to Part 266--Reference Air Concentrations*         
------------------------------------------------------------------------
                                                                RAC (ug/
                  Constituent                       CAS No.      m\3\)  
------------------------------------------------------------------------
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 Anyhdride...............................      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

[[Page 553]]

                                                                        
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
------------------------------------------------------------------------
*The RAC for other appendix VIII part 261 constituents not listed herein
  or in appendix V of this part is 0.1 ug/m\3\.                         

[56 FR 7232, Feb. 21, 1991; 56 FR 32691, July 17, 1991]
      

                               Appendix V to Part 266--Risk Specific Doses (10-5)                               
----------------------------------------------------------------------------------------------------------------
                                                                                  Unit risk (m3/                
                            Constituent                                CAS No.          ug)         RsD (ug/m3) 
----------------------------------------------------------------------------------------------------------------
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
Benxene............................................................      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
Hexachlorodibenxo-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

[[Page 554]]

                                                                                                                
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
----------------------------------------------------------------------------------------------------------------


[56 FR 7232, Feb. 21, 1991]

                                                        Appendix VI to Part 266--Stack Plume Rise                                                       
                                  [Estimated Plume Rise (in Meters) Based on Stack Exit Flow Rate and Gas Temperature]                                  
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                            Exhaust Temperature (K)                                     
                  Flow rate (m3/s)                   ---------------------------------------------------------------------------------------------------
                                                       <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
--------------------------------------------------------------------------------------------------------------------------------------------------------


[56 FR 7233, Feb. 21, 1991]

[[Page 555]]



  Appendix VII to Part 266--Health-Based Limits for Exclusion of Waste-
                            Derived Residues*

                Metals--TCLP Extract Concentration Limits               
------------------------------------------------------------------------
                                                    Concentration limits
             Constituent                CAS No.            (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                
------------------------------------------------------------------------
                                                    Concentration limits
             Constituent                CAS No.     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 1: The health-based concentration limits for appendix VIII 
part 261 constituents for which a health-based concentration is not 
provided below is 2xE-06 mg/kg.

[[Page 556]]

    Note 2: The levels specified in this appendix and the default level 
of 0.002 micrograms per kilogram or the level of detection for 
constituents as identified in Note 1 of this appendix are 
administratively stayed under the condition, for those constituents 
specified in Sec. 266.112(b)(1), that the owner or operator complies 
with alternative levels defined as the land disposal restriction limits 
specified in Sec. 268.43 of this chapter for FO39 nonwastewaters. See 
Sec. 266.112(b)(2)(i).

[56 FR 7234, Feb. 21, 1991; 56 FR 32691, July 17, 1991, as amended at 58 
FR 59603, Nov. 9, 1993]

Appendix VIII to Part 266--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          
Tetrachloroethylene.......................  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    
------------------------------------------------------------------------


[56 FR 7235, Feb. 21, 1991; 56 FR 32691, July 17, 1991]

  Appendix IX to Part 266--Methods Manual for Compliance With the BIF 
                               Regulations

       Burning Hazardous Waste in Boilers and Industrial Furnaces

                            Table of Contents

1.0  Introduction
2.0  Performance Specifications for Continuous Emission Monitoring 
          Systems
    2.1  Performance Specifications for Continuous Emission Monitoring 
of Carbon Monoxide and Oxygen for Incinerators, Boilers, and industrial 
Furnaces Burning Hazardous Waste
    2.2  Performance Specifications for Continuous Emission Monitoring 
of Hydrocarbons for Incinerators, Boilers, and Industrial Furnaces
3.0  Sampling and Analytical Methods
    3.1  Methodology for the Determination of Metals Emissions in 
Exhaust Gases from Hazardous Waste Incineration and Similar Combustion 
Processes
    3.2  Determination of Hexavalent Chromium Emissions from Stationary 
Sources (Method Cr+6)
    3.3  Measurement of HCl and Cl2
    3.3.1  Isokinetic HCl/Cl2 Emission Sampling Train (Method 0050)
    3.3.2  Midget Impinger HCl/Cl2 Emission Sampling Train (Method 
0051)
    3.3.3  Protocol for Analysis of Samples from HCl/Cl2 Emission 
Sampling Train (Method 9057)
    3.4  Determination of Polychlorinated Dibenzo-p-Dioxins (PCDDs) and 
Polychlorinated Dibenzofurans (PCDFs) from Stationary Sources (Method 
23)
    3.5  Sampling for Aldehyde and Ketone Emissions from Stationary 
Sources (Method 0011)
    3.6  Analysis for Aldehydes and Ketones by High Performance Liquid 
Chromatography (HPLC) (Method 0011A)
4.0  Procedure for Estimating Toxicity Equipment or Chlorinated Dibenzo-
          P-Dioxin and Dibenzofuran Congeners
5.0  Hazardous Waste Combustion Air Quality Screening Procedure
6.0  Simplified Land Use Classification Procedure for Compliance With 
          Tier I and Tier II Limits
7.0  Statistical Methodology for Bevill Residue Determinations
8.0  Procedures for Determining Default Values for Air Pollution Control 
          System Removal Efficiencies
    8.1  APCS RE Default Values for Metals
    8.2  APCS RE Default Values for HC1 and C12
    8.3  APCS RE Default Values for Ash
    8.4  References
9.0  Procedures for Determining Default Values for Partitioning of 
          Metals, Ash, and Total Chloride/Chlorine
    9.1  Partitioning Default Value for Metals
    9.2  Special Procedures for Chlorine, HCl, and Cl,
    9.3  Special Procedures for Ash
    9.4  Use of Engineering Judgement to Estimate Partitioning and APCS 
RE Values
    9.5  Restrictions on Use of Test Data
10.0 Alternate Methodology for Implementing Metals Controls
    10.1  Applicability
    10.2  Introduction
    10.3  Basis
    10.4  Overviev
    10.5  Implementation Procedures
    10.6  Precompliance Procedures
Appendix A--Statistics

                        SECTION 1.0  INTRODUCTION

    This document presents required methods for demonstrating compliance 
uith U.S. Environmental Protection Agency regulations

[[Page 557]]

for boilers and industrial furnaces (BIFs) burning hazardous waste (see 
40 CFR part 266, subpart H). Included in this document are:
    1. Performance Specifications for Continuous Emission Monitoring 
(CEM) of Carbon Monoxide, Oxygen, and Hydrocarbons in Stack Gases.
    2. Sampling and Analytical (S&A) Methods for Multiple Metals, 
Hexavalent Chromium, HCl and Chlorine, Polychlorinated Dibenzo-p-dioxins 
and Dibenzofurans, and Aldehydes and Ketones.
    3. Procedures for Estimating the Toxicity Equivalency of Chlorinated 
Dibenzo-p-dioxin and Dibenzofuran Congeners.
    4. Hazardous Waste Combustion Air Quality Screening Procedures 
(HWCAQSP).
    5. Simplified Land Use Classification Procedure for Compliance vith 
Tier I and Tier II Limits.
    6. Statistical Methodology for Bevill Residue Determinations.
    7. Procedures for Determining Default Values for Air Pollution 
Control System Removal Efficiencies.
    8. Procedures for Determining Default Values for Partitioning of 
Metals, Ash, and Total Chloride/Chlorine.
    9. Alternate Methodology for Implementing Metals Controls.
    Additional methods referenced in subpart H of part 266 but not 
included in this document can be found in 40 CFR parts 60 and 61, and 
``Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods'' 
(SW-846).
    The CEM performance specifications of section 2.0, the S&A methods 
of section 3.0 and the toxicity equivalency procedure for dioxins and 
furans of section 4.0 are required procedures for determining compliance 
with BIF regulations. The CEM performance specifications and the S&A 
methods are interim. The finalized CEM performance specifications and 
methods will be published in SW-846 or 40 CFR parts 60 and 6l.

    SECTION 2.0  PERFORMANCE SPECIFICATIONS FOR CONTINUOUS EMISSION 
                           MONITORING SYSTEMS

 2.l  Performance Specifications for Continuous Emission Monitoring of 
  Carbon Monoxide and Oxygen for Incinerators, Boilers, and Industrial 
                    Furnaces Burning Hazardous Waste

                   2.1.1  Applicability and Principle

    2.1.1.1  Applicability. These performance specifications apply to 
carbon monoxide (CO) and oxygen (O2) continuous emission monitoring 
systems (CEMSs) installed on incinerators, boilers, and industrial 
furnaces burning hazardous waste. The specifications include procedures 
which are intended to be used to evaluate the acceptability of the CEMS 
at the time of its installation or whenever specified in regulations or 
permits. The procedures are not designed to evaluate CEMS performance 
over an extended period of time. The source owner or operator is 
responsible for the proper calibration, maintenance, and operation of 
the CEMS at all times.
    2.1.1.2  Principle. Installation and measurement location 
specifications, performance and equipment specifications, test and data 
reduction procedures, and brief quality assurance guidelines are 
included in the specifications. Calibration drift, relative accuracy, 
calibration error, and response time tests are conducted to determine 
conformance of the CEMS with the specifications.

                           2.1.2  Definitions

    2.1.2.1  Continuous Emission Monitoring System (CEMS). A continuous 
monitor is one in which the sample to be analyzed passes the measurement 
section of the analyzer without interruption, and which evaluates the 
detector response to the sample at least once each 15 seconds and 
computes and records the results at least every 60 seconds. A CEMS 
consists of all the equipment used to acquire data and includes the 
sample extraction and transport hardware, the analyzer(s), and the data 
recording/processing hardware and software.
    2.1.2.2  Monitoring System Types. The specifications require CEMSs 
capable of accepting calibration gases. Alternative system designs may 
be used if approved by the Regional Administrator. There are two basic 
types of monitoring systems: extractive and in-situ.
    2.1.2.2.1  Extractive. Systems that use a pump or other mechanical, 
pneumatic, or hydraulic means to draw a sample of the stack or flue gas 
and convey it to a remotely located analyzer.
    2.1.2.2.2  In-situ. Systems that perform an analysis without 
removing a sample from the stack. Point in-situ analyzers place the 
sensing or detecting element directly in the flue gas stream. Cross-
stack in-situ analyzers measure the parameter of interest by placing a 
source beam on one side of the stack and the detector (in single-pass 
instruments) or a retroreflector (in double-pass instruments) on the 
other side, and measuring the parameter of interest (e.g., CO) by the 
attenuation of the beam by the gas in its path.
    2.1.2.3  Instrument Measurement Range. The difference between the 
minimum and maximum concentration that can be measured by a specific 
instrument. The minimum is often stated or assumed to be zero and the 
range expressed only as the maximum.
    2.1.2.4  Span or Span Value. Full scale instrument measurement 
range.
    2.1.2.5  Calibration Drift (CD). The difference in the CEMS output 
readings from the established reference value after a stated

[[Page 558]]

period of operation during which no unscheduled maintenance, repair, or 
adjustment takes place. A CD test is performed to demonstrate the 
stability of the CEMS calibration over time.
    2.1.2.6  Response Time. The time interval between the start of a 
step change in the system input (e.g., change of calibration gas) and 
the time when the data recorder displays 95 percent of the final value.
    2.1.2.7  Accuracy. A measure of agreement between a measured value 
and an accepted or true value, expressed as the percentage difference 
between the true and measured values relative to the true value. For 
these performance specifications, accuracy is checked by conducting a 
calibration error (CE) test and a relative accuracy (RA) test. Certain 
facilities, such as those using solid waste or batch-fed processes, may 
observe long periods of almost no CO emissions with brief, high-level CO 
emission spikes. These facilities, as well as facilities whose CO 
emissions never exceed 5-10 ppm, may need to be exempted from the RA 
requirement because the RA test procedure cannot ensure acquisition of 
meaningful test results under these conditions. An alternative procedure 
for accuracy determination is described in section 2.1.9.
    2.1.2.8  Calibration Error (CE). The difference between the 
concentration indicated by the CEMS and the known concentration of the 
cylinder gas. A CE test procedure is performed to document the accuracy 
and linearity of the monitoring equipment over the entire measurement 
range.
    2.1.2.9  Relative Accuracy (RA). A comparison of the CEMS response 
to a value measured by a performance test method (PTM). The PA test is 
used to validate the calibration technique and verify the ability of the 
CEMS to provide representative and accurate measurements.
    2.1.2.10  Performance Test Method (PTM). The sampling and analysis 
procedure used to obtain reference measurements for comparison to CEMS 
measurements. The applicable test methods are Method 10, 10A, or 10B 
(for the determination of CO) and Method 3 or 3A (for the determination 
of 02). These methods are found in 40 CFR part 60, appendix A.
    2.1.2.11  Performance Specification Test (PST) Period. The period 
during which CD, CE, response time, and RA tests are conducted.
    2.1.2.12  Centroidal Area. A concentric area that is geometrically 
similar to the stack or duct cross section and is no greater than 1 
percent of the stack or duct cross-sectional area.

       2.1.3  Installation and Measurement Location Specifications

    2.1.3.1  CEMS Installation and Measurement Locations. The CEMS shall 
be installed in a location in which measurements representative of the 
source's emissions can be obtained. The optimum location of the sample 
interface for the CEMS is determined by a number of factors, including 
ease of access for calibration and maintenance, the degree to which 
sample conditioning will be required, the degree to which it represents 
total emissions, and the degree to which it represents the combustion 
situation in the firebox. The location should be as free from in-leakage 
influences as possible and reasonably free from severe flow 
disturbances. The sample location should be at least two equivalent duct 
diameters downstream from the nearest control device, point of pollutant 
generation, or other point at which a change in the pollutant 
concentration or emission rate occurs and at least 0.5 diameter upstream 
from the exhaust or control device. The equivalent duct diameter is 
calculated as per 40 CFR part 60, appendix A, method 1, section 2.1. If 
these criteria are not achievable or if the location is otherwise less 
than optimum, the possibility of stratification should be checked as 
described in Section 2.1.3.3 to determine whether the location would 
cause failure of the relative accuracy test.
    2.1.3.1.1  For extractive or point in-situ CEMSs, the measurement 
point should be within or centrally located over the centroidal area of 
the stack or duct cross section.
    2.1.3.1.2  For cross-stack CEMSs, the effective measurement path 
should (1) have at least 70 percent of the path within the inner 50 
percent of the stack or duct cross-sectional area or (2) be centrally 
located over any part of the centroidal area.
    2.1.3.1.3  Both the CO and O2 monitors should be installed at 
the same general location. If this is not possible, they may be 
installed at different locations if the effluent gases at both sample 
locations are not stratified and there is no in-leakage of air between 
sampling locations.
    2.1.3.2  Performance Test Method (PTM) Measurement Location and 
Traverse Points.
    2.1.3.2.1  Select an accessible PTM measurement point at least two 
equivalent diameters downstream from the nearest control device, the 
point of CO generation, or other point at which a change in the CO 
concentration may occur, and at least a half equivalent diameter 
upstream from the effluent exhaust or control device. When pollutant 
concentration changes are due solely to diluent leakage (e.g., air 
heater leakages) and CO and O2 are simultaneously measured at the 
same location, one half diameter may be used in place of two equivalent 
diameters. The CEMS and PTM locations need not be the same.
    2.1.3.2.2  Select traverse points that ensure acquisition of 
representative samples over the stack or duct cross section. At a 
minimum, establish a measurement line that

[[Page 559]]

passes through the centroidal area in the direction of any expected 
stratification. If this line interferes with the CEMS measurements, 
displace the line up to 30 cm (or 5 percent of the equivalent diameter 
of the cross section, whichever is less) from the centroidal area. 
Locate three traverse points at 17, 50, and 83 percent of the 
measurement line. If the measurement line is no longer than 2.4 meters 
and pollutant stratification is not expected, the tester may choose to 
locate the three traverse points on the line at 0.4, 1.2, and 2.0 meters 
from the stack or duct wall. This option must not be used at a site 
located within eight equivalent diameters downstream of a flow 
disturbance. The tester may select other traverse points, provided that 
they can be shown to the satisfaction of the Administrator to provide a 
representative sample over the stack or duct cross-section. Conduct all 
necessary PTM tests within 3 cm of the selected traverse points. 
Sampling must not be performed within 3 cm of the duct or stack inner 
wall.
    2.1.3.3  Stratification Test Procedure. Stratification is defined as 
a difference in excess of 10 percent between the average concentration 
in the duct or stack and the concentration at any point more than 1.0 
meter from the duct or stack wall. To determine whether effluent 
stratification exists, a dual probe system should be used to determine 
the average effluent concentration while measurements at each traverse 
point are being made. One probe, located at the stack or duct centroid, 
is used as a stationary reference point to indicate the change in 
effluent concentration over time. The second probe is used for sampling 
at the traverse points specified in method 1, appendix A, 40 CFR part 
60. The monitoring system samples sequentially at the reference and 
traverse points throughout the testing period for five minutes at each 
point.
    2.1.4  CEMS Performance and Equipment Specifications
    Table 2.1-1  summarizes the performance specifications for the 
CEMSs. Two sets of standards for CO are given; one for low-range and 
another for high-range measurements. The high-range specifications 
relate to measurement and quantification of short duration high 
concentration peaks, while the low-range specifications relate to the 
overall average operating condition of the burning device. The dual-
range specifications can be met by using (1) one analyzer for each 
range, (2) a dual range unit, or (3) a single measurement range 
instrument capable of meeting both specifications with a single unit. 
Adjustments cannot be made to the analyzer between determinations of 
low- and high-level accuracy within the single measurement range. In the 
second case, when the concentration exceeds the span of the lower range, 
the data acquisition system recorder shall switch to the high range 
automatically.
    2.1.4.1  CEMS Span Value. In order to measure high and low 
concentrations with the same or similar degree of accuracy, the maximum 
ranges (span values) are specified for low and high range analyzers. The 
span values are listed in Table 2.1-2. Tier I and Tier II format 
definitions are established in 40 CFR part 266, subpart H.

      Table 2.1-1--Performance Specifications of CO and O2 Monitors     
------------------------------------------------------------------------
                                       CO monitors                      
          Parameter           -----------------------------  O2 monitors
                                 Low range     High range               
------------------------------------------------------------------------
Calibration drift 24 hours...  <6 ppm \1\...  <90 ppm.....  <0.5% O2    
Calibration error............  <10 ppm \1\..  <150 ppm....  <0.5% O2    
Response time................  <2 min.......  <2 min......  <2 min      
Relative accuracy \2\........  (\3\)........  (\3\).......  (incorporate
                                                             d in CO RA 
                                                             calculation
                                                             )          
------------------------------------------------------------------------
\1\ For Tier II, CD and CE are <3% and <5% of twice the permit limit,   
  respectively.                                                         
\2\ Expressed as the sum of the mean absolute value plus the 95%        
  confidence interval of a series of measurements.                      
\3\ The greater of 10% of PTM or 10 ppm.                                


          Table 2.1-2--CEMS Span Values for CO and O2 Monitors          
------------------------------------------------------------------------
                                          CO monitors                   
                                 -----------------------------     O2   
                                                       High     monitors
                                   Low range (ppm)    range    (percent)
                                                      (ppm)             
------------------------------------------------------------------------
Tier I rolling average format...  200.............      3,000         25
Tier II rolling average format..  2  x  permit          3,000         25
                                   limit.                               
------------------------------------------------------------------------

    2.1.4.2  Daily Calibration Gas Values. The owner or operator must 
choose calibration gas concentrations (or calibration filters for in-
situ systems) that include zero and high-level calibration values for 
the daily calibration checks. For a single measurement range monitor, 
three CO calibration gas concentrations (or calibration filters for in-
situ systems) shall be used, i.e., the zero and high-level 
concentrations of the low-range CO analyzer and the high-level 
concentration of the high-range CO analyzer.
    2.1.4.2.1  The zero level for the CO or O2 analyzer may be 
between zero and 20 percent of the span value, e.g., 0-40 ppm for low-
range CO analyzer, 0-600 ppm for the high-range CO analyzer, and 0-5 
percent for the O2 analyzer (for Tier I).
    2.1.4.2.2  The high-level concentration for the CO or O2 
analyzer shall be between 50 and 90 percent of the span value, i.e., 
100-180 ppm for the low-range CO analyzer, 1500-2700 ppm

[[Page 560]]

for the high-range CO analyzer, and 12.5-22.5 percent O2 for the 
O2 analyzer.
    2.1.4.3  Data Recorder Scale. The strip chart recorder, computer, or 
digital recorder must be capable of recording all readings within the 
CEMS's measurement range and shall have a resolution of 0.5 percent of 
span value, i.e., 1 ppm CO for low-range CO analyzer, 15 ppm CO for 
high-range CO analyzer, and 0.1 percent O2 for the O2 
analyzer.
    2.1.4.4  Response Time. The response time for the CO or O2 
monitor shall not exceed 2 minutes to achieve 95 percent of the final 
stable value.
    2.1.4.5  Calibration Drift. The CEMS must allow the determination of 
CD at the zero and high-level values. The CD must be determined 
separately for CO and O2 monitors in terms of concentration. The CO 
CEMS calibration response must not drift or deviate from the reference 
value of the calibration gas (or calibration filters for in-situ 
systems) by more than 3 percent of the span value after each 24-hour 
period of the 7-day test, i.e., 6 ppm CO for the low-range analyzer 
(Tier I) and 90 ppm for the high-range analyzer, at both zero and high 
levels. The O2 monitor calibration response must not drift or 
deviate from the reference value by more than 0.5 percent O2 at 
both zero and high levels.
    2.l.4.6  Relative Accuracy. The result of the PA test of the CO CEMS 
(which incorporates the O2 monitor) must be no greater than 10 
percent of the mean value of the PTM results or must be within 10 ppm CO 
of the PTM results, whichever is less restrictive. The ppm CO 
concentration shall be corrected to 7 percent O2 before calculating 
the RA.
    2.1.4.7  Calibration Error. The mean difference between the CEMS and 
reference values at all three test points (see Table 2.1-3) must be no 
greater than 5 percent of span value for CO monitors (i.e., 10 ppm CO 
for low range Tier I CO analyzers and 150 ppm CO for high range CO 
analyzers) and 0.5 percent for O2 analyzers.
    2.1.4.8  Measurement and Recording Frequency. The sample to be 
analyzed shall pass through the measurement section of the analyzer 
without interruption. The detector shall measure the sample 
concentration at least once every 15 seconds. An average emission rate 
shall be computed and recorded at least once every 60 seconds.
    2.1.4.9  Hourly Rolling Average Calculation. The CEMS shall 
calculate every minute an hourly rolling average, which is the 
arithmetic mean of the 60 most recent 1-minute average values.
    2.1.4.10  Retest. If the CEMS produces results within the specified 
criteria, the test is successful. If the CEMS does not meet one or more 
of the criteria, the necessary corrections must be made and the 
performance tests repeated.

                           2.1.5  Test Periods

    2.1.5.1  Pretest Preparation Period. Install the CEMS, prepare the 
PTM test site according to the specifications in section 2.1.3, and 
prepare the CEMS for operation and calibration according to the 
manufacturer's written instructions. A pretest conditioning period 
similar to that of the 7-day CD test is recommended to verify the 
operational status of the CEMS.
    2.1.5.2  Calibration Drift Test Period. While the facility is 
operating under normal conditions, determine the CD at 24-hour intervals 
for seven consecutive days according to the procedure given in section 
2.1.6.1. All CD determinations must be made following a 24-hour period 
during which no unscheduled maintenance, repair, or adjustment takes 
place. If the combustion unit is taken out of service during the test 
period, record the onset and duration of the downtime and continue the 
calibration drift test when the unit resumes operation.
    2.1.5.3  Relative Accuracy Test Period. Conduct the RA test 
according to the procedure in section 2.1.6.4 while the facility is 
operating under normal conditions. RA testing for CO and O2 shall 
be conducted simultaneously so that the results can be calculated for CO 
corrected to 7 percent O2. The RA test shall be conducted during 
the CD test period. It is emphasized that during the CD test period, no 
adjustments or repairs may be made to the CEMS other than routine 
calibration adjustments performed immediately following the daily CD 
determination.
    2.1.5.4  Calibration Error Test and Response Time Test Periods. 
Conduct the CE and response time tests during the CD test period.

            2.1.6  Performance Specification Test Procedures

    2.1.6.1  Calibration Drift Test.
    2.1.6.1.1  Sampling Strategy. Conduct the CD test for all monitors 
at 24-hour intervals for seven consecutive days using calibration gases 
at the two (or three, if applicable) concentration levels specified in 
section 2.1.4.2. Introduce the calibration gases into the sampling 
system as close to the sampling probe outlet as practical. The gas shall 
pass through all filters, scrubbers, conditioners, and other CEMS 
components used during normal sampling. If periodic automatic or manual 
adjustments are made to the CEMS zero and calibration settings, conduct 
the CD test immediately before these adjustments, or conduct it in such 
a way that the CD can be determined. Record the CEMS response and 
subtract this value from the reference (calibration gas) value. To meet 
the specification, none of the differences shall exceed the limits 
specified in Table 2.1-1.
    2.1.6.1.2  Calculations. Summarize the results on a data sheet. An 
example is shown in

[[Page 561]]

Figure 2.1-1. Calculate the differences between the CEMS responses and 
the reference values.
    2.1.6.2  Response Time. Check the entire CEMS including sample 
extraction and transport, sample conditioning, gas analyses, and the 
data recording.
    2.1.6.2.1  Introduce zero gas into the system. For extractive 
systems, introduce the calibration gases at the probe as near to the 
sample location as possible. For in-situ system, introduce the zero gas 
at a point such that all components active in the analysis are tested. 
When the system output has stabilized (no change greater than 1 percent 
of full scale for 30 seconds), switch to monitor stack effluent and wait 
for a stable value. Record the time (upscale response time) required to 
reach 95 percent of the final stable value.
    2.1.6.2.2  Next, introduce a high-level calibration gas and repeat 
the above procedure. Repeat the entire procedure three times and 
determine the mean upscale and downscale response times. The longer of 
the two means is the system response time.
    2.1.6.3  Calibration Error Test Procedure.
    2.1.6.3.1  Sampling Strategy. Challenge each monitor (both low- and 
high-range CO and O2) with zero gas and EPA Protocol 1 cylinder 
gases at three measurement points within the ranges specified in Table 
2.1-3.

     Table 2.1-3--Calibration Error Concentration Ranges for Tier I     
------------------------------------------------------------------------
                                             GAS Concentration Ranges   
                                        --------------------------------
                                                CO, ppm                 
           Measurement point            -----------------------    O2,  
                                         Low range               percent
                                            \1\     High range          
------------------------------------------------------------------------
1......................................     0-40    0-600        0-2    
2......................................    60-80    900-1200    8-10    
3......................................  140-160    2100-2400   14-16   
------------------------------------------------------------------------
\1\ For Tier II, the CE specifications for the low-range CO CEMS are 0- 
  20%, 30-40%, and 70-80% of twice the permit limit.                    


[[Page 562]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.006


              Figure 2.1-1  Calibration Drift Determination

[[Page 563]]

    2.1.6.3.1.1  If a single measurement range is used, the calibration 
gases used in the daily CD checks (if they are Protocol 1 cylinder gases 
and meet the criteria in section 2.1.6.3.1) may be used for determining 
CE.
    2.1.6.3.1.2  Operate each monitor in its normal sampling mode as 
nearly as possible. The calibration gas shall be injected into the 
sample system as close to the sampling probe outlet as practical and 
should pass through all CEMS components used during normal sampling. 
Challenge the CEMS three non-consecutive times at each measurement point 
and record the responses. The duration of each gas injection should be 
sufficient to ensure that the CEMS surfaces are conditioned.
    2.1.6.3.2  Calculations. Summarize the results on a data sheet. An 
example data sheet is shown in Figure 2.1-2. Average the differences 
between the instrument response and the certified cylinder gas value for 
each gas. Calculate three CE results (five CE results for a single-range 
CO CEMS) according to Equation 5 (section 2.1.7.5). No confidence 
coefficient is used in CE calculations.
    2.1.6.4  Relative Accuracy Test Procedure.
    2.1.6.4.1  Sampling Strategy for PTM tests. Conduct the PTM tests in 
such a way that they will yield measurements representative of the 
emissions from the source and can be correlated to the CEMS data. 
Although it is preferable to conduct the CO, diluent, and moisture (if 
needed) simultaneously, moisture measurements that are taken within a 
60-minute period which includes the simultaneous CO and O2 
measurements may be used to calculate the dry CO concentration.
    Note: At times, CEMS RA tests may be conducted during incinerator 
performance tests. In these cases, PTM results obtained during CEMS RA 
tests may be used to determine compliance with incinerator emissions 
limits as long as the source and test conditions are consistent with the 
applicable regulations.

[[Page 564]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.007



                 2.1-2  Calibration Error Determination

[[Page 565]]

    2.1.6.4.2  Performance Test Methods.
    2.1.6.4.2.1  Unless otherwise specified in the regulations, method 3 
or 3A and method 10, 10A, or 10B (40 CFR part 60, appendix A) are the 
test methods for O2 and CO, respectively. Make a sample traverse of 
at least 21 minutes, sampling for 7 minutes at each of three traverse 
points (see section 3.2).
    2.1.6.4.2.2  When the installed CEMS uses a nondispersive infrared 
(NDIR) analyzer, method 10 shall use the alternative interference trap 
specified in section 10.1 of the method. An option, which may be 
approved by the Administrator in certain cases, would allow the test to 
be conducted using method 10 without the interference trap. Under this 
option, a laboratory interference test is performed for the analyzer 
prior to the field test. The laboratory interference test includes the 
analysis of SO2, NO, and CO2 calibration gases over the range 
of expected effluent concentrations. Acceptable performance is indicated 
if the CO analyzer response to each of the gases is less than 1 percent 
of the applicable measurement range of the analyzer.
    2.1.6.4.3  Number of PTM Tests. Conduct a minimum of nine sets of 
all necessary PTM tests. If more than nine sets are conducted, a maximum 
of three sets may be rejected at the tester's discretion. The total 
number of sets used to determine the RA must be greater than or equal to 
nine. All data, including the rejected data, must be reported.
    2.1.6.4.4  Correlation of PTM and CEMS Data. The time and duration 
of each PTM test run and the CEMS response time should be considered in 
correlating the data. Use the CEMS final output (the one used for 
reporting) to determine an integrated average CO concentration for each 
PTM test run. Confirm that the pair of results are on a consistent 
moisture and O2 concentration basis. Each integrated CEMS value 
should then be compared against the corresponding average PTM value. If 
the CO concentration measured by the CEMS is normalized to a specified 
diluent concentration, the PTM results shall be normalized to the same 
value.
    2.1.6.4.5  Calculations. Summarize the results on a data sheet. 
Calculate the mean of the PTM values and calculate the arithmetic 
differences between the PTM and the CEMS data sets. The mean of the 
differences, standard deviation, confidence coefficient, and CEMS RA 
should be calculated using Equations 1 through 4.

                            2.1.7  Equations

    2.1.7.1  Arithmetic Mean (d). Calculate d of the difference of a 
data set using Equation 1.
[GRAPHIC] [TIFF OMITTED] TC01AU92.008


where:
n=Number of data points.

                                                                        
    n                                                                   
                                                                        
        di=Algebraic sum of the individual difference di.      
                                                                        
   i=1                                                                  
                                                                        
                                                                        
                                                                        

    When the mean of the differences of pairs of data is calculated, 
correct the data for moisture, if applicable.
    2.1.7.2  Standard Deviation (Sd). Calculate Sd using 
Equation 2.
[GRAPHIC] [TIFF OMITTED] TC01AU92.009


    2.1.7.3  Confidence Coefficient (CC). Calculate the 2.5 percent 
error CC (one-tailed) using Equation 3.
[GRAPHIC] [TIFF OMITTED] TC01AU92.010


where:
t0.975=t-value (see Table 2.1-4).

                          Table 2.1-4--t-Values                         
------------------------------------------------------------------------
                 na                   t0.975   na   t0.975   na   t0.975
------------------------------------------------------------------------
2..................................   12.706    7    2.447   12    2.201
3..................................    4.303    8    2.365   13    2.179
4..................................    3.182    9    2.306   14    2.160
5..................................    2.776   10    2.662   15    2.145
6..................................    2.571   11    2.228   16   2.131 
------------------------------------------------------------------------
a The values in this table are already corrected for n-1 degrees of     
  freedom. Use n equal to the number of individual values.              

    2.1.7.4  Relative Accuracy. Calculate the RA of a set of data using 
Equation 4.

[[Page 566]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.011



where:
|d|=Absolute value of the mean of the differences (Equation 1).
|CC|=Absolute value of the confidence coefficient (Equation 3).
PTM=Average reference value.
    2.1.7.5  Calibration Error. Calculate CE using Equation 5.
    [GRAPHIC] [TIFF OMITTED] TC01AU92.012
    

where:
d=Mean difference between CEMS response and the known reference 
          concentration.

                            2.1.8  Reporting

    At a minimum, summarize in tabular form the results of the CD, RA, 
response time, and CE test, as appropriate. Include all data sheets, 
calculations, CEMS data records, and cylinder gas or reference material 
certifications.

                      2.1.9  Alternative Procedure

    2.1.9.1  Alternative RA Procedure Rationale. Under some operating 
conditions, it may not be possible to obtain meaningful results using 
the RA test procedure. This includes conditions where consistent, very 
low CO emissions or low CO emissions interrupted periodically by short 
duration, high level spikes are observed. It may be appropriate in these 
circumstances to waive the PTM RA test and substitute the following 
procedure.
    2.1.9.2  Alternative RA Procedure. Conduct a complete CEMS status 
check following the manufacturer's written instructions. The check 
should include operation of the light source, signal receiver, timing 
mechanism functions, data acquisition and data reduction functions, data 
recorders, mechanically operated functions (mirror movements, 
calibration gas valve operations, etc.), sample filters, sample line 
heaters, moisture traps, and other related functions of the CEMS, as 
applicable. All parts of the CEMS must be functioning properly before 
the RA requirement can be waived. The instruments must also have 
successfully passed the CE and CD requirements of the performance 
specifications. Substitution of the alternative procedure requires 
approval of the Regional Administrator.

                     2.1.10  Quality Assurance (QA)

    Proper calibration, maintenance, and operation of the CEMS is the 
responsibility of the owner or operator. The owner or operator must 
establish a QA program to evaluate and monitor CEMS performance. As a 
minimum, the QA program must include:
    2.1.10.1  A daily calibration check for each monitor. The 
calibration must be adjusted if the check indicates the instrument's CD 
exceeds the specification established in section 2.1.4.5. The gases 
shall be injected as close to the probe as possible to provide a check 
of the entire sampling system. If an alternative calibration procedure 
is desired (e.g., direct injections or gas cells), subject to 
Administrator approval, the adequacy of this alternative procedure may 
be demonstrated during the initial 7-day CD test. Periodic comparisons 
of the two procedures are suggested.
    2.1.10.2  A daily system audit. The audit must include a review of 
the calibration check data, an inspection of the recording system, an 
inspection of the control panel warning lights, and an inspection of the 
sample transport and interface system (e.g., flowmeters, filters), as 
appropriate.
    2.1.10.3  A quarterly calibration error (CE) test. Quarterly RA 
tests may be substituted for the CE test when approved by the Director 
on a case-by-case basis.
    2.1.10.4  An annual performance specification test.

                           2.1.11  References

    1. Jahnke, James A. and G.J. Aldina, ``Handbook: Continuous Air 
Pollution Source Monitoring Systems,'' U.S. Environmental Protection 
Agency Technology Transfer, Cincinnati, Ohio 45268, EPA-625/6-79-005, 
June 1979.
    2. ``Gaseous Continuous Emissions Monitoring Systems-Performance 
Specification Guidelines for SO2, NOx, CO2, O2, and 
TRS.'' U.S. Environmental Protection Agency OAQPS, ESED, Research 
Triangle Park, North Carolina 27711, EPA-450/3-82-026, October 1982.
    3. ``Quality Assurance Handbook for Air Pollution Measurement 
Systems: Volume I. Principles.'' U.S. Environmental Protection Agency 
ORD/EMSL, Research Triangle Park, North Carolina, 27711, EPA-600/9-76-
006, December 1984.
    4. Michie, Raymond, M. Jr., et. al., ``Performance Test Results and 
Comparative Data for Designated Reference Methods for Carbon Monoxide,'' 
U.S. Environmental Protection Agency ORD/EMSL, Research Triangle Park, 
North Carolina, 27711, EPA-600/S4-83-013, September 1982.

[[Page 567]]

    5. Ferguson, B.B., R.E. Lester, and W.J. Mitchell, ``Field 
Evaluation of Carbon Monoxide and Hydrogen Sulfide Continuous Emission 
Monitors at an Oil Refinery,'' U.S. Environmental Protection Agency, 
Research Triangle Park, North Carolina, 27711, EPA-600/4-82-054, August 
1982.

 2.2  Performance Specifications for Continuous Emission Monitoring of 
Hydrocarbons for Incinerators, Boilers, and Industrial Furnaces Burning 
                             Hazardous Waste

                   2.2.1  Applicability and Principle

    2.2.1.1  Applicability. These performance specifications apply to 
hydrocarbon (HC) continuous emission monitoring systems (CEMSs) 
installed on incinerators, boilers, and industrial furnaces burning 
hazardous waste. The specifications include procedures which are 
intended to be used to evaluate the acceptability of the CEMS at the 
time of its installation or whenever specified in regulations or 
permits. The procedures are not designed to evaluate CEMS performance 
over an extended period of time. The source owner or operator is 
responsible for the proper calibration, maintenance, and operation of 
the CEMS at all times.
    2.2.1.2  Principle. A gas sample is extracted from the source 
through a heated sample line and heated filter (except as provided by 
section 2.2.10) to a flame ionization detector (FID). Results are 
reported as volume concentration equivalents of propane. Installation 
and measurement location specifications, performance and equipment 
specifications, test and data reduction procedures, and brief quality 
assurance guidelines are included in the specifications. Calibration 
drift, calibration error, and response time tests are conducted to 
determine conformance of the CEMS with the specifications.

                           2.2.2  Definitions

    2.2.2.1  Continuous Emission Monitoring System (CEMS). The total 
equipment used to acquire data, which includes sample extraction and 
transport hardware, analyzer, data recording and processing hardware, 
and software. The system consists of the following major subsystems:
    2.2.2.1.1  Sample Interface. That portion of the system that is used 
for one or more of the following: Sample acquisition, sample 
transportation, sample conditioning, or protection of the analyzer from 
the effects of the stack effluent.
    2.2.2.1.2  Organic Analyzer. That portion of the system that senses 
organic concentration and generates an output proportional to the gas 
concentration.
    2.2.2.1.3  Data Recorder. That portion of the system that records a 
permanent record of the measurement values. The data recorder may 
include automatic data reduction capabilities.
    2.2.2.2  Instrument Measurement Range. The difference between the 
minimum and maximum concentration that can be measured by a specific 
instrument. The minimum is often stated or assumed to be zero and the 
range expressed only as the maximum.
    2.2.2.3  Span or Span Value. Full scale instrument measurement 
range.
    2.2.2.4  Calibration Gas. A known concentration of a gas in an 
appropriate diluent gas.
    2.2.2.5  Calibration Drift (CD). The difference in the CEMS output 
readings from the established reference value after a stated period of 
operation during which no unscheduled maintenance, repair, or adjustment 
takes place. A CD test is performed to demonstrate the stability of the 
CEMS calibration over time.
    2.2.2.6  Response Time. The time interval between the start of a 
step change in the system input (e.g., change of calibration gas) and 
the time when the data recorder displays 95 percent of the final value.
    2.2.2.7  Accuracy. A measurement of agreement between a measured 
value and an accepted or true value, expressed as the percentage 
difference between the true and measured values relative to the true 
value. For these performance specifications, accuracy is checked by 
conducting a calibration error (CE) test.
    2.2.2.8  Calibration Error (CE). The difference between the 
concentration indicated by the CEMS and the known concentration of the 
cylinder gas. A CE test procedure is performed to document the accuracy 
and linearity of the monitoring equipment over the entire measurement 
range.
    2.2.2.9  Performance Specification Test (PST) Period. The period 
during which CD, CE, and response time tests are conducted.
    2.2.2.10  Centroidal Area. A concentric area that is geometrically 
similar to the stack or duct cross section and is no greater than 1 
percent of the stack or duct cross-sectional area.

       2.2.3  Installation and Measurement Location Specifications

    2.2.3.1  CEMS Installation and Measurement Locations. The CEMS shall 
be installed in a location in which measurements representative of the 
source's emissions can be obtained. The optimum location of the sample 
interface for the CEMS is determined by a number of factors, including 
ease of access for calibration and maintenance, the degree to which 
sample conditioning will be required, the degree to which it represents 
total emissions, and the degree to which it represents the combustion 
situation in the firebox. The location should be as free from in-leakage 
influences as possible and reasonably free from severe flow 
disturbances. The

[[Page 568]]

sample location should be at least two equivalent duct diameters 
downstream from the nearest control device, point of pollutant 
generation, or other point at which a change in the pollutant 
concentration or emission rate occurs and at least 0.5 diameter upstream 
from the exhaust or control device. The equivalent duct diameter is 
calculated as per 40 CFR part 60, appendix A, method 1, section 2.1. If 
these criteria are not achievable or if the location is otherwise less 
than optimum, the possibility of stratification should be investigated 
as described in section 2.2.3.2. The measurement point shall be within 
the centroidal area of the stack or duct cross section.
    2.2.3.2  Stratification Test Procedure. Stratification is defined as 
a difference in excess of 10 percent between the average concentration 
in the duct or stack and the concentration at any point more than 1.0 
meter from the duct or stack wall. To determine whether effluent 
stratification exists, a dual probe system should be used to determine 
the average effluent concentration while measurements at each traverse 
point are being made. One probe, located at the stack or duct centroid, 
is used as a stationary reference point to indicate the change in 
effluent concentration over time. The second probe is used for sampling 
at the traverse points specified in 40 CFR part 60 appendix A, method 1. 
The monitoring system samples sequentially at the reference and traverse 
points throughout the testing period for five minutes at each point.
    2.2.4  CEMS Performance and Equipment Specifications
    If this method is applied in highly explosive areas, caution and 
care shall be exercised in choice of equipment and installation.
    2.2.4.1  Flame Ionization Detector (FID) Analyzer. A heated FID 
analyzer capable of meeting or exceeding the requirements of these 
specifications. Heated systems shall maintain the temperature of the 
sample gas between 150  deg.C (300  deg.F) and 175  deg.C (350  deg.F) 
throughout the system. This requires all system components such as the 
probe, calibration valve, filter, sample lines, pump, and the FID to be 
kept heated at all times such that no moisture is condensed out of the 
system.
    Note: As specified in the regulations, unheated HC CEMs may be 
considered an acceptable interim alternative monitoring technique. For 
additional notes, see section 2.2.10. The essential components of the 
measurement system are described below:
    2.2.4.1.1  Sample Probe. Stainless steel, or equivalent, to collect 
a gas sample from the centroidal area of the stack cross-section.
    2.2.4.1.2  Sample Line. Stainless steel or Teflon tubing to 
transport the sample to the analyzer.
    Note: Mention of trade names or specific products does not 
constitute endorsement by the Environmental Protection Agency.
    2.2.4.1.3  Calibration Valve Assembly. A heated three-way valve 
assembly to direct the zero and calibration gases to the analyzer is 
recommended. Other methods, such as quick-connect lines, to route 
calibration gas to the analyzers are applicable.
    2.2.4.1.4  Particulate Filter. An in-stack or out-of-stack sintered 
stainless steel filter is recommended if exhaust gas particulate loading 
is significant. An out-of-stack filter must be heated.
    2.2.4.1.5  Fuel. The fuel specified by the manufacturer (e.g., 40 
percent hydrogen/60 percent helium, 40 percent hydrogen/60 percent 
nitrogen gas mixtures, or pure hydrogen) should be used.
    2.2.4.1.6  Zero Gas. High purity air with less than 0.1 parts per 
million by volume (ppm) HC as methane or carbon equivalent or less than 
0.1 percent of the span value, whichever is greater.
    2.2.4.1.7  Calibration Gases. Appropriate concentrations of propane 
gas (in air or nitrogen). Preparation of the calibration gases should be 
done according to the procedures in EPA Protocol 1. In addition, the 
manufacturer of the cylinder gas should provide a recommended shelf life 
for each calibration gas cylinder over which the concentration does not 
change by more than 2 percent from the certified value.
    2.2.4.2  CEMS Span Value. 100 ppm propane.
    2.2.4.3  Daily Calibration Gas Values. The owner or operator must 
choose calibration gas concentrations that include zero and high-level 
calibration values.
    2.2.4.3.1  The zero level may be between 0 and 20 ppm (zero and 20 
percent of the span value).
    2.2.4.3.2  The high-level concentration shall be between 50 and 90 
ppm (50 and 90 percent of the span value).
    2.2.4.4  Data Recorder Scale. The strip chart recorder, computer, or 
digital recorder must be capable of recording all readings within the 
CEMS's measurement range and shall have a resolution of 0.5 ppm (0.5 
percent of span value).
    2.2.4.5  Response Time. The response time for the CEMS must not 
exceed 2 minutes to achieve 95 percent of the final stable value.
    2.2.4.6  Calibration Drift. The CEMS must allow the determination of 
CD at the zero and high-level values. The CEMS calibration response must 
not differ by more than 3 ppm (3 percent of the 
span value) after each 24-hour period of the 7-day test at both zero and 
high levels.
    2.2.4.7  Calibration Error. The mean difference between the CEMS and 
reference values at all three test points listed below shall be no 
greater than 5 ppm (5 percent of the span value).

[[Page 569]]

    2.2.4.7.1  Zero Level. Zero to 20 ppm (0 to 20 percent of span 
value).
    2.2.4.7.2  Mid-Level. 30 to 40 ppm (30 to 40 percent of span value).
    2.2.4.7.3  High-Level. 70 to 80 ppm (70 to 80 percent of span 
value).
    2.2.4.8  Measurement and Recording Frequency. The sample to be 
analyzed shall pass through the measurement section of the analyzer 
without interruption. The detector shall measure the sample 
concentration at least once every 15 seconds. An average emission rate 
shall be computed and recorded at least once every 60 seconds.
    2.2.4.9  Hourly Rolling Average Calculation. The CEMS shall 
calculate every minute an hourly rolling average, which is the 
arithmetic mean of the 60 most recent 1-minute average values.
    2.2.4.10  Retest. If the CEMS produces results within the specified 
criteria, the test is successful. If the CEMS does not meet one or more 
of the criteria, necessary corrections must be made and the performance 
tests repeated.
    2.2.5  Performance Specification Test (PST) Periods
    2.2.5.1  Pretest Preparation Period. Install the CEMS, prepare the 
PTM test site according to the specifications in section 2.2.3, and 
prepare the CEMS for operation and calibration according to the 
manufacturer's written instructions. A pretest conditioning period 
similar to that of the 7-day CD test is recommended to verify the 
operational status of the CEMS.
    2.2.5.2  Calibration Drift Test Period. While the facility is 
operating under normal conditions, determine the magnitude of the CD at 
24-hour intervals for seven consecutive days according to the procedure 
given in section 2.2.6.1. All CD determinations must be made following a 
24-hour period during which no unscheduled maintenance, repair, or 
adjustment takes place. If the combustion unit is taken out of service 
during the test period, record the onset and duration of the downtime 
and continue the CD test when the unit resumes operation.
    2.2.5.3  Calibration Error Test and Response Time Test Periods. 
Conduct the CE and response time tests during the CD test period.
    2.2.6  Performance Specification Test Procedures
    2.2.6.1  Calibration Drift Test.
    2.2.6.1.1  Sampling Strategy. Conduct the CD test at 24-hour 
intervals for seven consecutive days using calibration gases at the two 
daily concentration levels specified in section 2.2.4.3. Introduce the 
two calibration gases into the sampling system as close to the sampling 
probe outlet as practical. The gas shall pass through all CEM components 
used during normal sampling. If periodic automatic or manual adjustments 
are made to the CEMS zero and calibration settings, conduct the CD test 
immediately before these adjustments, or conduct it in such a way that 
the CD can be determined. Record the CEMS response and subtract this 
value from the reference (calibration gas) value. To meet the 
specification, none of the differences shall exceed 3 ppm.
    2.2.6.1.2  Calculations. Summarize the results on a data sheet. An 
example is shown in Figure 2.2-1. Calculate the differences between the 
CEMS responses and the reference values.
    2.2.6.2  Response Time. The entire system including sample 
extraction and transport, sample conditioning, gas analyses, and the 
data recording is checked with this procedure.
    2.2.6.2.1  Introduce the calibration gases at the probe as near to 
the sample location as possible. Introduce the zero gas into the system. 
When the system output has stabilized (no change greater than 1 percent 
of full scale for 30 sec), switch to monitor stack effluent and wait for 
a stable value. Record the time (upscale response time) required to 
reach 95 percent of the final stable value.
    2.2.6.2.2  Next, introduce a high-level calibration gas and repeat 
the above procedure. Repeat the entire procedure three times and 
determine the mean upscale and downscale response times. The longer of 
the two means is the system response time.
    2.2.6.3  Calibration Error Test Procedure.
    2.2.6.3.1  Sampling Strategy. Challenge the CEMS with zero gas and 
EPA Protocol 1 cylinder gases at measurement points within the ranges 
specified in section 2.2.4.7.
    2.2.6.3.1.1  The daily calibration gases, if Protocol 1, may be used 
for this test.

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[[Page 571]]

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[[Page 572]]

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[[Page 573]]

                      2.2.9  Quality Assurance (QA)

    Proper calibration, maintenance, and operation of the CEMS is the 
responsibility of the owner or operator. The owner or operator must 
establish a QA program to evaluate and monitor CEMS performance. As a 
minimum, the QA program must include:
    2.2.9.1  A daily calibration check for each monitor. The calibration 
must be adjusted if the check indicates the instrument's CD exceeds 3 
ppm. The gases shall be injected as close to the probe as possible to 
provide a check of the entire sampling system. If an alternative 
calibration procedure is desired (e.g., direct injections or gas cells), 
subject to Administrator approval, the adequacy of this alternative 
procedure may be demonstrated during the initial 7-day CD test. Periodic 
comparisons of the two procedures are suggested.
    2.2.9.2  A daily system audit. The audit must include a review of 
the calibration check data, an inspection of the recording system, an 
inspection of the control panel warning lights, and an inspection of the 
sample transport and interface system (e.g., flowmeters, filters), as 
appropriate.
    2.2.9.3  A quarterly CE test. Quarterly RA tests may be substituted 
for the CE test when approved by the Director on a case-by-case basis.
    2.2.9.4  An annual performance specification test.

                2.2.10  Alternative Measurement Technique

    The regulations allow gas conditioning systems to be used In 
conjunction with unheated HC CEMs during an interim period. This gas 
conditioning may include cooling to not less than 40  deg.F and the use 
of condensate traps to reduce the moisture content of sample gas 
entering the FID to less than 2 percent. The gas conditioning system, 
however, must not allow the sample gas to bubble through the condensate 
as this would remove water soluble organic compounds. All components 
upstream of the conditioning system should be heated as described in 
section 2.2.4 to minimize operating and maintenance problems.

                           2.2.11  References

    1. Measurement of Volatile Organic Compounds-Guideline Series. U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina, 
27711, EPA-450/2-78-041, June 1978.
    2. Traceability Protocol for Establishing True Concentrations of 
Gases Used for Calibration and Audits of Continuous Source Emission 
Monitors (Protocol No. 1). U.S. Environmental Protection Agency ORD/
EMSL, Research Triangle Park, North Carolina, 27711, June 1978.
    3. Gasoline Vapor Emission Laboratory Evaluation-Part 2. U.S. 
Environmental Protection Agency, OAQPS, Research Triangle Park, North 
Carolina, 27711, EMB Report No. 76-GAS-6, August 1975.

              SECTION 3.0  SAMPLING AND ANALYTICAL METHODS

 3.1  Methodology for the Determination of Metals Emissions in Exhaust 
Gases from Hazardous Waste Incineration and Similar Combustion Processes

                   3.1.1  Applicability and Principle

    3.1.1.1  Applicability. This method is being developed for the 
determination of total chromium (Cr), cadmium (Cd), arsenic (As), nickel 
(Ni), manganese (Mn), beryllium (Be), copper (Cu), zinc (Zn), lead (Pb), 
selenium (Se), phosphorus (P), thallium (Tl), silver (Ag), antimony 
(Sb), barium (Ba), and mercury (Hg) stack emissions from hazardous waste 
incinerators and similar combustion processes. This method may also be 
used for the determination of particulate emissions following the 
procedures and precautions described. Modifications to the sample 
recovery and analysis procedures described in this protocol for the 
purpose of determining particulate emissions may potentially impact the 
front-half mercury determination. Mercury emissions should be determined 
using EPA method 101A given in 40 CFR part 61.
    3.1.1.2  Principle. The stack sample is withdrawn isokinetically 
from the source, with particulate emissions collected in the probe and 
on a heated filter and gaseous emissions collected in a series of 
chilled impingers containing an aqueous solution of dilute nitric acid 
combined with dilute hydrogen peroxide in each of two impingers, and 
acidic potassium permanganate solution in each of two impingers. 
Sampling train components are recovered and digested in separate front- 
and back-half fractions. Materials collected in the sampling train are 
digested with acid solutions to dissolve organics and to remove organic 
constituents that may create analytical interferences. Acid digestion is 
performed using conventional Parr Bomb or microwave digestion 
techniques. The nitric acid and hydrogen peroxide impinger solution, the 
acidic potassium permanganate impinger solution, the HCl rinse solution, 
and the probe rinse and digested filter solutions are analyzed for 
mercury by cold vapor atomic absorption spectroscopy (CVAAS). The nitric 
acid and hydrogen peroxide solution and the probe rinse and digested 
filter solutions of the train catches are analyzed for Cr, Cd, Ni, Mn, 
Be, Cu, Zn, Pb, Se, P, Tl, Ag, Sb, Ba, and As by inductively coupled 
argon plasma emission spectroscopy (ICAP) or atomic absorption 
spectroscopy (AAS). Graphite furnace atomic absorption spectroscopy 
(GFAAS) is used for analysis of antimony, arsenic, cadmium, lead, 
selenium, and thallium, if these

[[Page 574]]

elements require greater analytical sensitivity than can be obtained by 
ICAP. Additionally, if desired, the tester may use AAS for analyses of 
all metals if the resulting in-stack method detection limits meet the 
goal of the testing program. For convenience, aliquots of each digested 
sample Fraction 1A plus Fraction 2A can be combined proportionally with 
respect to the original Fraction 1 (normally diluted to 300 ml following 
digestion and prior to analysis) section 3.1.5.3.3; and concentrated 
Fraction 2A (normally diluted to 150 ml following digestion and prior to 
analysis) section 3.1.5.3.4.1 or 3.1.5.3.4.2 for a single analytical 
determination. The efficiency of the analytical procedure is quantified 
by the analysis of spiked quality control samples containing each of the 
target metals and/or other quality assurance measures, as necessary, 
including actual sample matrix effects checks.

         3.1.2  Range, Sensitivity, Precision, and Interferences

    3.1.2.1  Range. For the analyses described in this methodology and 
for similar analyses, the ICAP response is linear over several orders of 
magnitude. Samples containing metal concentrations in the nanograms per 
milliliter (ng/ml) to micrograms per milliliter (g/ml) range in 
the analytical finish solution can be analyzed using this technique. 
Samples containing greater than approximately 50 g/ml of 
chromium, lead, or arsenic should be diluted to that level or lower for 
final analysis. Samples containing greater than approximately 20 
g/ml of cadmium should be diluted to that level before 
analysis.
    3.1.2.2  Analytical Sensitivity. ICAP analytical detection limits 
for the sample solutions (based on SW-846, method 6010) are 
approximately as follows: Sb (32 ng/ml), As (53 ng/ml), Ba (2 ng/ml), Be 
(0.3 ng/ml), Cd (4 ng/ml), Cr (7 ng/ml), Cu (6 ng/ml), Pb (42 ng/ml), Mn 
(2 ng/ml), Ni (15 ng/ml), P (75 ng/ml), Se (75 ng/ml), Ag (7 ng/ml), T1 
(40 ng/ml), and Zn (2 ng/ml). The actual method detection limits are 
sample dependent and may vary as the sample matrix may affect the 
limits. The analytical detection limits for analysis by direct 
aspiration AAS (based on SW-846, Method 7000 series) are approximately 
as follows: Sb (200 ng/ml), As (2 ng/ml), Ba (100 ng/ml), Be (5 ng/ml), 
Cd (5 ng/ml), Cr (50 ng/ml), Cu (20 ng/ml), Pb (100 ng/ml), Mn (10 ng/
ml), Ni (40 ng/ml), Se (2 ng/ml), Ag (10 ng/ml), Tl (100 ng/ml), and Zn 
(5 ng/ml). The detection limit for mercury by CVAAS is approximately 0.2 
ng/ml). The use of GFAAS can give added sensitivity compared to the use 
of direct aspiration AAS for the following metals: Sb (3 ng/ml), As (1 
ng/ml), Be (0.2 ng/ml), Cd (0.1 ng/ml), Cr (1 ng/ml), Pb (1 ng/ml), Se 
(2 ng/ml), and Tl (1 ng/ml).
    Using (1) the procedures described in this method, (2) the 
analytical detection limits described in the previous paragraph, (3) a 
volume of 300 ml, Fraction 1, for the front half and 150 ml, Fraction 
2A, for the back-half samples, and (4) a stack gas sample volume of 1.25 
m\3\, the corresponding instack method detection limits are presented in 
Table A-1 and calculated as shown:

                                                                        
                                      A x B                             
                                    --------  =D                        
                                        C                               
                                                                        


where:
A=analytical detection limit, g/ml.
B=volume of sample prior to aliquot for analysis, ml.
C=stack sample volume, dscm (dsm\3\).
D=in-stack detection limit, g/m\3\.
    Values in Table 3.1-1 are calculated for the front and back half 
and/or the total train.
    To ensure optimum sensitivity in obtaining the measurements, the 
concentrations of target metals in the solutions are suggested to be at 
least ten times the analytical detection limits. Under certain 
conditions, and with greater care in the analytical procedure, this 
concentration can be as low as approximately three times the analytical 
detection limit. In all cases, on at least one sample (run) in the 
source test and for each metal analyzed, repetitive analyses, method of 
standard additions (MSA), serial dilution, or matrix spike addition, 
etc., shall be used to establish the quality of the data.
    Actual in-stack method detection limits will be determined based on 
actual source sampling parameters and analytical results as described 
above. If required, the method in-stack detection limits can be made 
more sensitive than those shown in Table A-I for a specific test by 
using one or more of the following options:
     A 1-hour sampling run may collect a stack gas sampling 
volume of about 1.25 m3. If the sampling time is increased and 5 
m3 are collected, the in-stack method detection limits would be one 
fourth of the values shown in Table A-I (this means that with this 
change, the method is four times more sensitive than a 1-hour run. 
Larger sample volumes (longer runs) would make it even more sensitive).
     The in-stack detection limits assume that all of the sample 
is digested (with exception of the aliquot for mercury) and the final 
liquid volumes for analysis are 300 ml, Fraction 1 for the front half 
and 150 ml, Fraction 2A, for the back-half sample. If the front-half 
volume is reduced from 300 ml to 30 ml, the front-half in-stack 
detection limits would be one tenth of the values shown above (ten times 
more sensitive). If the back-half volume is reduced from 150 ml to 25 
ml, the in-stack detection limits would be

[[Page 575]]

one sixth of the above values. Matrix effects checks are necessary on 
analyses of samples and typically are of greater significance for 
samples that have been concentrated to less than the normal original 
sample volume. Reduction to a volume of less than 25 ml may not allow 
redissolving of the residue and may increase interference by other 
compounds.
     When both of the above two improvements are used on one 
sample at the same time, the resultant improvements are multiplicative. 
For example, where stack gas volume is increased by a factor of five and 
the total liquid sample digested volume of both the front and back 
halves is reduced by a factor of six, the in-stack method detection 
limit is reduced by a factor of thirty (the method is thirty times more 
sensitive).

           Table 3. 1-1--In-Stack Method Detection Limits (ug/m3) for Train Fractions Using ICAP and AAS        
----------------------------------------------------------------------------------------------------------------
                                                                                       Back-half                
                                                          Front-half                   fractions                
                                                          fraction 1     Back-half       ``Hg,                  
                         Metal                            probe and      fraction 2      only''     Total train 
                                                            filter     impingers 1-3  impingers 4-              
                                                                                           6                    
----------------------------------------------------------------------------------------------------------------
Antimony..............................................   7.7 (0.7)*     3.8 (0.4)*    ...........  11.5 (1.1)*  
Arsenic...............................................  12.7 (0.3)*     6.4 (0.1)*    ...........  19.1 (0.4)*  
Barium................................................   0.5            0.3           ...........   0.8         
Beryllium.............................................   0.07 (0.05)*   0.04 (0.03)*  ...........   0.11 (0.08)*
Cadmium...............................................   1.0 (0.02)*    0.5 (0.01)*   ...........   1.5 (0.03)* 
Chromium..............................................   1.7 (0.2)*     0.8 (0.1)*    ...........   2.5 (0.3)*  
Copper................................................   1.4            0.7           ...........   2.1         
Lead..................................................  10.1 (0.2)*     5.0 (0.1)*    ...........  15.1 (0.3)*  
Manganese.............................................   0.5 (0.2)*     0.2 (0.1)*    ...........   0.7 (0.3*)  
Mercury...............................................   0.6**          3.0**               2.0**   5.6**       
Nickel................................................   3.6            1.8           ...........   5.4         
Phosphorus............................................  18              9             ...........  27           
Selenium..............................................  18 (0.5)*      9 (0.3)*       ...........  27 (0.8)*    
Silver................................................   1.7            0.9           ...........   2.6         
Thallium..............................................   9.6 (0.2)*     4.8 (0.1)*    ...........  14.4 (0.3)*  
Zinc..................................................   0.5            0.3           ...........   0.8         
----------------------------------------------------------------------------------------------------------------
( )* Detection limit when analyzed by GFAAS.                                                                    
** Detection limit when analyzed by CVAAS, estimated for Back Half and Total Train.                             
Note: Actual method in-stack detection limits will be determined based on actual source sampling parameters and 
  analytical results as described earlier in this section.                                                      

     Conversely, reducing stack gas sample volume and increasing 
sample liquid volume will increase in-stack detection limits (the method 
would then be less sensitive). The front-half and back-half samples 
(Fractions 1A plus and 2A) can be combined proportionally (see section 
3.1.1.2 of this methodology) prior to analysis. The resultant liquid 
volume (excluding the mercury fractions, which must be analyzed 
separately) is recorded. Combining the sample as described does not 
allow determination (whether front or back half) of where in the train 
the sample was captured. The in-stack method detection limit then 
becomes a single value for all metals except mercury, for which the 
contribution of the mercury fractions must be considered.
     The above discussion assumes no blank correction. Blank 
corrections are discussed later in this method.
    3.1.2.3  Precision. The precisions (relative standard deviation) for 
each metal detected in a method development test at a sewage sludge 
incinerator, are as follows: Sb (12.7%), As (13.5%), Ba (20.6%), Cd 
(11.5%), Cr (11.2%), Cu (11.5%), Pb (11.6%), P (14.6%), Se (15.3%), T1 
(12.3%), and Zn (11.8%). The precision for nickel was 7.7% for another 
test conducted at a source simulator. Beryllium, manganese, and silver 
were not detected in the tests; however, based on the analytical 
sensitivity of the ICAP for these metals, it is assumed that their 
precisions should be similar to those for the other metals, when 
detected at similar levels.
    3.1.2.4  Interferences. Iron can be a spectral interference during 
the analysis of arsenic, chromium, and cadmium by ICAP. Aluminum can be 
a spectral interference during the analysis of arsenic and lead by ICAP. 
Generally, these interferences can be reduced by diluting the sample, 
but this increases the method detection limit (in-stack detection 
limit). Refer to EPA method 6010 (SW-846) or the other analytical 
methods used for details on potential interferences for this method. The 
analyst must eliminate or reduce interferences to acceptable levels. For 
all GFAAS analyses, matrix modifiers should be used to limit 
interferences, and standards should be matrix matched.

                            3.1.3  Apparatus

    3.1.3.1  Sampling Train. A schematic of the sampling train is shown 
in Figure 3.1-1. It is

[[Page 576]]

similar to the 40 CFR part 60, appendix A method 5 train. The sampling 
train consists of the following components:
    3.1.3.1.1  Probe Nozzle (Probe Tip) and Borosilicate or Quartz Glass 
Probe Liner. Same as method 5, sections 2.1.1 and 2.1.2, except that 
glass nozzles are required unless an alternate probe tip prevents the 
possibility of contamination or interference of the sample with its 
materials of construction. If a probe tip other than glass is used, no 
correction (because of any effect on the sample by the probe tip) of the 
stack sample test results can be made.
    3.1.3.1.2  Pitot Tube and Differential Pressure Gauge. Same as 
method 2, sections 2.1 and 2.2, respectively.
    3.1.3.1.3  Filter Holder. Glass, same as method 5, section 2.1.5, 
except that a Teflon filter support or other non-metallic, non-
contaminating support must be used to replace the glass frit.
    3.1.3.1.4  Filter Heating System. Same as method 5, section 2.1.6.
    3.1.3.1.5  Condenser. The following system shall be used for the 
condensation and collection of gaseous metals and for determining the 
moisture content of the stack gas. The condensing system should consist 
of four to seven impingers connected in series with leak-free ground 
glass fittings or other leak-free, non-contaminating fittings. The first 
impinger is optional and is recommended as a moisture knockout trap for 
use during test conditions which require such a trap. The first impinger 
shall be appropriately-sized, if necessary, for an expected large 
moisture catch and generally constructed as described for the first 
impinger in method 5, paragraph 2.1.7. The second impinger (or the first 
HNO3/H2O2 impinger) shall also be constructed as 
described for the first impinger in method 5. The third impinger (or the 
second HNO3/H2O2 impinger) shall be the same as the 
Greenburg Smith impinger with the standard tip described as the second 
impinger in method 5, paragraph 2.1.7. All other impingers used in the 
methods train are the same as the first HNO3/H2O2 
impinger described in this paragraph. In summary, the first impinger 
which may be optional as described in this methodology shall be empty, 
the second and third shall contain known quantities of a nitric acid/
hydrogen peroxide solution (section 3.l.4.2.1), the fourth shall be 
empty, the fifth and sixth shall contain a known quantity of acidic 
potassium permanganate solution (section 3.1.4.2.2), and the last 
impinger shall contain a known quantity of silica gel. A thermometer 
capable of measuring to within 1 deg.C (2 deg.F) shall be placed at the 
outlet of the last impinger. When the moisture knockout impinger is not 
needed, it is removed from the train and the other impingers remain the 
same. If mercury analysis is not to be performed, the potassium 
permanganate impingers and the empty impinger preceding them are 
removed.

[[Page 577]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.016



[[Page 578]]

    3.1.3.1.6  Metering System, Barometer, and Gas Density Determination 
Equipment. Same as method 5, sections 2.1.8 through 2.1.10, 
respectively.
    3.1.3.1.7  Teflon Tape. For capping openings and sealing 
connections, if necessary, on the sampling train.
    3.1.3.2  Sample Recovery. Same as method 5, sections 2.2.1 through 
2.2.8 (Nonmetallic Probe-Liner and Probe-Nozzle Brushes or Swabs, Wash 
Bottles, Sample Storage Containers, Petri Dishes, Glass Graduated 
Cylinder, Plastic Storage Containers, Funnel and Rubber Policeman, and 
Glass Funnel), respectively, with the following exceptions and 
additions:
    3.1.3.2.1  Nonmetallic Probe-Liner and Probe-Nozzle Brushes or 
Swabs. For quantitative recovery of materials collected in the front 
half of the sampling train: Description of acceptable all-Teflon 
component brushes or swabs is to be included in EPA's Emission 
Measurement Technical Information Center (EMTIC) files.
    3.1.3.2.2  Sample Storage Containers. Glass bottles with Teflon-
lined caps which are non-reactive to the oxidizing solutions, with a 
capacity of 1000- and 500-ml, shall be used for KMnO4-containing 
samples and blanks. Polyethylene bottles may be used for other sample 
types.
    3.1.3.2.3  Graduated Cylinder. Glass or equivalent.
    3.1.3.2.4  Funnel. Glass or equivalent.
    3.1.3.2.5  Labels. For identification of samples.
    3.1.3.2.6  Polypropylene Tweezers and/or Plastic Gloves. For 
recovery of the filter from the sampling train filter holder.
    3.1.3.3  Sample Preparation and Analysis. For the analysis, the 
following equipment is needed:
    3.1.3.3.1  Volumetric Flasks, 100-ml, 250-ml, and 1000-ml. For 
preparation of standards and sample dilution.
    3.1.3.3.2  Graduated Cylinders. For preparation of reagents.
    3.1.3.3.3  ParrR Bombs or Microwave Pressure Relief Vessels 
with Capping Station (GEM Corporation model or equivalent).
    3.1.3.3.4  Beakers and Watchglasses. 250-ml beakers for sample 
digestion with watchglasses to cover the tops.
    3.1.3.3.5  Ring Stands and Clamps. For securing equipment such as 
filtration apparatus.
    3.1.3.3.6  Filter Funnels. For holding filter paper.
    3.1.3.3.7  Whatman 541 Filter Paper (or equivalent). For filtration 
of digested samples.
    3.1.3.3.8  Disposable Pasteur Pipets and Bulbs.
    3.1.3.3.9  Volumetric Pipets.
    3.1.3.3.10  Analytical Balance. Accurate to within 0.1 mg.
    3.1.3.3.11  Microwave or Conventional Oven. For heating samples at 
fixed power levels or temperatures.
    3.1.3.3.12  Hot Plates.
    3.1.3.3.13  Atomic Absorption Spectrometer (AAS). Equipped with a 
background corrector.
    3.1.3.3.13.1  Graphite Furnace Attachment. With antimony, arsenic, 
cadmium, lead, selenium, thallium hollow cathode lamps (HCLs) or 
electrodeless discharge lamps (EDLs). (Same as EPA SW-846 methods 7041 
(antimony), 7060 (arsenic), 7131 (cadmium), 7421 (lead), 7740 
(selenium), and 7841 (thallium).)
    3.1.3.3.13.2  Cold Vapor Mercury Attachment. With a mercury HCL or 
EDL. The equipment needed for the cold vapor mercury attachment includes 
an air recirculation pump, a quartz cell, an aerator apparatus, and a 
heat lamp or desiccator tube. The heat lamp should be capable of raising 
the ambient temperature at the quartz cell by 10  deg.C such that no 
condensation forms on the wall of the quartz cell. (Same as EPA method 
7470.)
    3.1.3.3.14  Inductively Coupled Argon Plasma Spectrometer. With 
either a direct or sequential reader and an alumina torch. (Same as EPA 
method 6010.)
    3.1.4  Reagents
    The complexity of this methodology is such that to obtain reliable 
results, the testers (Including analysts) should be experienced and 
knowledgeable in source sampling, in handling and preparing (including 
mixing) reagents as described, and using adequate safety procedures and 
protective equipment in performing this method, including sampling, 
mixing reagents, digestions, and analyses. Unless otherwise indicated, 
it is intended that all reagents conform to the specifications 
established by the Committee on Analytical Reagents of the American 
Chemical Society, where such specifications are available; otherwise, 
use the best available grade.
    3.1.4.1  Sampling. The reagents used in sampling are as follows:
    3.1.4.1.1  Filters. The filters shall contain less than 1.3 
g/in\2\ of each of the metals to be measured. Analytical 
results provided by filter manufacturers are acceptable. However, if no 
such results are available, filter blanks must be analyzed for each 
target metal prior to emission testing. Quartz fiber or glass fiber 
(which meet the requirement of containing less than 1.3 g/
in2 of each metal) filters without organic binders shall be used. 
The filters should exhibit at least 99.95 percent efficiency (<0.05 
percent penetration) on 0.3 micron dioctyl phthalate smoke particles. 
The filter efficiency test shall be conducted in accordance with ASTM 
Standard Method D2986-7l (incorporated by reference). For particulate 
determination in sources containing SO2 or SO3, the filter 
material must be of a type that is unreactive to SO2

[[Page 579]]

or SO3, as described in EPA method 5. Quartz fiber filters meeting 
these requirements are recommended for use in this method.
    3.1.4.1.2  Water. To conform to ASTM Specification Dl193.77, Type II 
(incorporated by reference). If necessary, analyze the water for all 
target metals prior to field use. All target metal concentrations should 
be less than 1 ng/ml.
    3.1.4.1.3  Nitric Acid. Concentrated. Baker Instra-analyzed or 
equivalent.
    3.1.4.1.4  Hydrochloric Acid. Concentrated. Baker Instra-analyzed or 
equivalent.
    3.1.4.1.5  Hydrogen Peroxide, 30 Percent (V/V).
    3.1.4.1.6  Potassium Permanganate.
    3.1.4.1.7  Sulfuric Acid. Concentrated.
    3.1.4.1.8  Silica Gel and Crushed Ice. Same as method 5, sections 
3.1.2 and 3.1.4, respectively.
    3.1.4.2  Pretest Preparation for Sampling Reagents.
    3.1.4.2.1  Nitric Acid (HNO3)/Hydrogen Peroxide 
(H2O2) Absorbing Solution, 5 Percent HNO3/10 Percent 
H2O2. Carefully with stirring, add 50 ml of concentrated 
HNO3 to a 1000-ml volumetric flask containing approximately 500 ml 
of water, and then, carefully with stirring, add 333 ml of 30 percent 
H2O2. Dilute to volume (1000 ml) with water. Mix well. The 
reagent shall contain less than 2 ng/ml of each target metal.
    3.1.4.2.2  Acidic Potassium Permanganate (KMnO4) Absorbing 
Solution, 4 Percent KMnO4 (W/V), 10 Percent H2SO4 (V/V). 
Prepare fresh daily. Mix carefully, with stirring, 100 ml of 
concentrated H2SO4 into 800 ml of water, and add water with 
stirring to make a volume of 1 L: This solution is 10 percent 
H2SO4 (V/V). Dissolve, with stirring, 40 g of KMnO4 into 
10 percent H2SO4 (V/V) and add 10 percent H2SO4 (V/
V) with stirring to make a volume of 1 L: this is the acidic potassium 
permanganate absorbing solution. Prepare and store in glass bottles to 
prevent degradation. The reagent shall contain less than 2 ng/ml of Hg.
    Precaution: To prevent autocatalytic decomposition of the 
permanganate solution, filter the solution through Whatman 541 filter 
paper. Also, due to the potential reaction of the potassium permanganate 
with the acid, there may be pressure buildup in the sample storage 
bottle; these bottles shall not be fully filled and shall be vented both 
to relieve potential excess pressure and prevent explosion due to 
pressure buildup. Venting is required, but should not allow 
contamination of the sample; a No. 70-72 hole drilled in the container 
cap and Teflon liner has been used.
    3.1.4.2.3  Nitric Acid, 0.1 N. With stirring, add 6.3 ml of 
concentrated HNO3 (70 percent) to a flask containing approximately 
900 ml of water. Dilute to 1000 ml with water. Mix well. The reagent 
shall contain less than 2 ng/ml of each target metal.
    3.1.4.2.4  Hydrochloric Acid (HCl), 8 N. Make the desired volume of 
8 N HCl in the following proportions. Carefully with stirring, add 690 
ml of concentrated HCl to a flask containing 250 ml of water. Dilute to 
1000 ml with water. Mix well. The reagent shall contain less than 2 ng/
ml of Hg.
    3.1.4.3  Glassware Cleaning Reagents.
    3.1.4.3.1  Nitric Acid, Concentrated. Fisher ACS grade or 
equivalent.
    3.1.4.3.2  Water. To conform to ASTM Specifications D1193-77, Type 
II.
    3.1.4.3.3  Nitric Acid, 10 Percent (V/V). With stirring, add 500 ml 
of concentrated HNO3 to a flask containing approximately 4000 ml of 
water. Dilute to 5000 ml with water. Mix well. Reagent shall contain 
less than 2 ng/ml of each target metal.
    3.1.4.4  Sample Digestion and Analysis Reagents.
    3.1.4.4.1  Hydrochloric Acid, Concentrated.
    3.1.4.4.2  Hydrofluoric Acid, Concentrated.
    3.1.4.4.3  Nitric Acid, Concentrated. Baker Instra-analyzed or 
equivalent.
    3.1.4.4.4  Nitric Acid, 50 Percent (V/V). With stirring, add 125 ml 
of concentrated HNO3 to 100 ml of water. Dilute to 250 ml with 
water. Mix well. Reagent shall contain less than 2 ng/ml of each target 
metal.
    3.1.4.4.5  Nitric Acid, 5 Percent (V/V). With stirring, add 50 ml of 
concentrated HNO3 to 800 ml of water. Dilute to 1000 ml with water. 
Mix well. Reagent shall contain less than 2 ng/ml of each target metal.
    3.1.4.4.6  Water. To conform to ASTM Specifications D1193-77, Type 
II.
    3.1.4.4.7  Hydroxylamine Hydrochloride and Sodium Chloride Solution. 
See EPA method 7470 for preparation.
    3.1.4.4.8  Stannous Chloride. See method 7470.
    3.1.4.4.9  Potassium Permanganate, 5 Percent (W/V). See method 7470.
    3.1.4.4.10  Sulfuric Acid, Concentrated.
    3.1.4.4.11  Nitric Acid, 50 Percent (V/V).
    3.1.4.4.12  Potassium Persulfate, 5 Percent (W/V). See Method 7470.
    3.1.4.4.13  Nickel Nitrate, Ni(NO3)2. 6H2O.
    3.1.4.4.14  Lanthanum, Oxide, La2O3.
    3.1.4.4.15  AAS Grade Hg Standard, 1000 g/ml.
    3.1.4.4.16  AAS Grade Pb Standard, 1000 g/ml.
    3.1.4.4.17  AAS Grade As Standard, 1000 g/ml.
    3.1.4.4.18  AAS Grade Cd Standard, 1000 g/ml.
    3.1.4.4.19  AAS Grade Cr Standard, 1000 g/ml.
    3.1.4.4.20  AAS Grade Sb Standard, 1000 g/ml.
    3.1.4.4.21  AAS Grade Ba Standard, 1000 g/ml.
    3.1.4.4.22  AAS Grade Be Standard, 1000 g/ml.
    3.1.4.4.23  AAS Grade C Standard, 1000 g/ml.

[[Page 580]]

    3.1.4.4.24  AAS Grade Mn Standard, 1000 g/ml.
    3.1.4.4.25  AAS Grade Ni Standard, 1000 g/ml.
    3.1.4.4.26  AAS Grade P Standard, 1000 g/ml.
    3.1.4.4.27  AAS Grade Se Standard, 1000 g/ml.
    3.1.4.4.28  AAS Grade Ag Standard, 1000 g/ml.
    3.1.4.4.29  AAS Grade T1 Standard, 1000 g/ml.
    3.1.4.4.30  AAS Grade Zn Standard, 1000 g/ml.
    3.1.4.4.31  AAS Grade Al Standard, 1000 g/ml.
    3.1.4.4.32  AAS Grade Fe Standard, 1000 g/ml.
    3.1.4.4.33  The metals standards may also be made from solid 
chemicals as described in EPA Method 200.7. EPA SW-846 Method 7470 or 
Standard Methods for the Analysis of Water and Wastewater, 15th Edition, 
Method 303F should be referred to for additional information on mercury 
standards.
    3.1.4.4.34  Mercury Standards and Quality Control Samples. Prepare 
fresh weekly a 10 g/ml intermediate mercury standard by adding 
5 ml of 1000 g/ml mercury stock solution to a 500-ml volumetric 
flask; dilute with stirring to 500 ml by first carefully adding 20 ml of 
15 percent HNO3 and then adding water to the 500-ml volume. Mix 
well. Prepare a 200 ng/ml working mercury standard solution fresh daily: 
Add 5 ml of the 10 g/ml intermediate standard to a 250-ml 
volumetric flask and dilute to 250 ml with 5 ml of 4 percent KMnO4, 
5 ml of 15 percent HNO3, and then water. Mix well. At least six 
separate aliquots of the working mercury standard solution should be 
used to prepare the standard curve. These aliquots should contain 0.0, 
1.0, 2.0, 3.0, 4.0, and 5.0 ml of the working standard solution 
containing 0, 200, 400, 600, 800, and 1000 ng mercury, respectively. 
Quality control samples should be prepared by making a separate 10 
g/ml standard and diluting until in the range of the 
calibration.
    3.1.4.4.35  ICAP Standards and Quality Control Samples. Calibration 
standards for ICAP analysis can be combined into four different mixed 
standard solutions as shown below.

               Mixed Standard Solutions for ICAP Analysis               
------------------------------------------------------------------------
                 Solution                             Elements          
------------------------------------------------------------------------
I.........................................  As, Be, Cd, Mn, Pb, Se, Zn. 
II........................................  Ba, Cu, Fe.                 
III.......................................  Al, Cr, Ni.                 
IV........................................  Ag, P, Sb, Tl.              
------------------------------------------------------------------------

    Prepare these standards by combining and diluting the appropriate 
volumes of the 1000 g/ml solutions with 5 percent nitric acid. 
A minimum of one standard and a blank can be used to form each 
calibration curve. However, a separate quality control sample spiked 
with known amounts of the target metals in quantities in the midrange of 
the calibration curve should be prepared. Suggested standard levels are 
25 g/ml for Al, Cr, and Pb, 15 g/ml for Fe, and 10 
g/ml for the remaining elements. Standards containing less than 
1 g/ml of metal should be prepared daily. Standards containing 
greater than 1 g/ml of metal should be stable for a minimum of 
1 to 2 weeks.
    3.1.4.4.36  Graphite Furnace AAS Standards. Antimony, arsenic, 
cadmium, lead, selenium, and thallium. Prepare a 10 g/ml 
standard by adding 1 ml of 1000 g/ml standard to a 100-ml 
volumetric flask. Dilute with stirring to 100 ml with 10 percent nitric 
acid. For graphite furnace AAS, the standards must be matrix matched. 
Prepare a 100 ng/ml standard by adding 1 ml of the 10 g/ml 
standard to a 110-ml volumetric flask and dilute to 100 ml with the 
appropriate matrix solution. Other standards should be prepared by 
dilution of the 100 ng/ml standards. At least five standards should be 
used to make up the standard curve. Suggested levels are 0, 10, 50, 75, 
and 100 ng/ml. Quality control samples should be prepared by making a 
separate 10 g/ml standard and diluting until it is in the range 
of the samples. Standards containing less than 1 g/ml of metal 
should be prepared daily. Standards containing greater than 1 
g/ml of metal should be stable for a minimum of 1 to 2 weeks.
    3.1.4.4.3   Matrix Modifiers.
    3.1.4.4.37.1  Nickel Nitrate, 1 Percent (V/V). Dissolve 4.956 g of 
Ni(NO3)2 . 6H2O in approximately 50 ml of water in a 100-
ml volumetric flask. Dilute to 100 ml with water.
    3.1.4.4.37.2  Nickel Nitrate, 0.1 Percent (V/V). Dilute 10 ml of the 
1 percent nickel nitrate solution from section 4.4.37.1 above to 100 ml 
with water. Inject an equal amount of sample and this modifier into the 
graphite furnace during AAS analysis for As.
    3.1.4.4.37.3  Lanthanum. Carefully dissolve 0.5864 g of 
La2O3 in 10 ml of concentrated HNO3 and dilute the 
solution by adding it with stirring to approximately 50 ml of water, and 
then dilute to 100 ml with water. Mix well. Inject an equal amount of 
sample and this modifier into the graphite furnace during AAS analysis 
for Pb.

                            3.1.5  Procedure

    3.1.5.1  Sampling. The complexity of this method is such that, to 
obtain reliable results, testers and analysts should be trained and 
experienced with the test procedures, including source sampling, reagent 
preparation and handling, sample handling, analytical calculations, 
reporting, and descriptions specifically at the beginning of and 
throughout section 3.1.4 and all other sections of this methodology.

[[Page 581]]

    3.1.5.1.1  Pretest Preparation. Follow the same general procedure 
given in method 5, section 4.1.1, except that, unless particulate 
emissions are to be determined, the filter need not be desiccated or 
weighed. All sampling train glassware should first be rinsed with hot 
tap water and then washed in hot soapy water. Next, glassware should be 
rinsed three times with tap water, followed by three additional rinses 
with water. All glassware should then be soaked in a 10 percent (V/V) 
nitric acid solution for a minimum of 4 hours, rinsed three times with 
water, rinsed a final time with acetone, and allowed to air dry. All 
glassware openings where contamination can occur should be covered until 
the sampling train is assembled for sampling.
    3.1.5.1.2  Preliminary Determinations. Same as method 5, section 
4.1.2.
    3.1.5.1.3  Preparation of Sampling Train. Follow the same general 
procedures given in method 5, section 4.1.3, except place 100 ml of the 
nitric acid/hydrogen peroxide solution (section 3.1.4.2.1) in each of 
the two HNO3/H2O2 impingers as shown in Figure 3.1-1 
(normally the second and third impingers), place 100 ml of the acidic 
potassium permanganate absorbing solution (section 3.1.4.2.2) in each of 
the two permanganate impingers as shown in Figure A-1, and transfer 
approximately 200 to 300 g of preweighed silica gel from its container 
to the last impinger. Alternatively, the silica gel may be weighed 
directly in the impinger just prior to train assembly.
    Several options are available to the tester based on the sampling 
requirements and conditions. The use of an empty first impinger can be 
eliminated if the moisture to be collected in the impingers will be less 
than approximately 100 ml. If necessary, use as applicable to this 
methodology the procedure described in section 7.1.1 of EPA method 101A, 
40 CFR part 61, appendix B, to maintain the desired color in the last 
permanganate impinger.
    Retain for reagent blanks volumes of the nitric acid/hydrogen 
peroxide solution per section 3.1.5.2.9 of this method and of the acidic 
potassium permanganate solution per section 3.1.5.2.10. These reagent 
blanks should be labeled and analyzed as described in section 3.1.7. Set 
up the sampling train as shown in Figure 3.1-1, or if mercury analysis 
is not to be performed in the train, then it should be modified by 
removing the two permanganate impingers and the impinger preceding the 
permanganate impingers. If necessary to ensure leak-free sampling train 
connections and prevent contamination Teflon tape or other non-
contaminating material should be used instead of silicone grease.
    Precaution: Extreme care should be taken to prevent contamination 
within the train. Prevent the mercury collection reagent (acidic 
potassium permanganate) from contacting any glassware of the train which 
is washed and analyzed for Mn. Prevent hydrogen peroxide from mixing 
with the acidic potassium permanganate.
    Mercury emissions can be measured, alternatively, in a separate 
train which measures only mercury emissions by using EPA method 101A 
with the modifications described below (and with the further 
modification that the permanganate containers shall be processed as 
described in the precaution in section 3.1.4.2.2 and the note in section 
3.1.5.2.5 of this methodology). This alternative method is applicable 
for measurement of mercury emissions, and it may be of special interest 
to sources which must measure both mercury and manganese emissions.
    Section 7.2.1 of method 101A shall be modified as follows after the 
250 to 400-ml KMnO4 rinse:
    To remove any precipitated material and any residual brown deposits 
on the glassware following the permanganate rinse, rinse with 
approximately 100 ml of deionized distilled water, and add this water 
rinse carefully assuring transfer of all loose precipitated materials 
from the three permanganate impingers into the permanganate Container 
No. 1. If no visible deposits remain after this water rinse, do not 
rinse with 8 N HCl. However, if deposits do remain on the glassware 
after this water rinse, wash the impinger surfaces with 25 ml of 8 N 
HCl, and place the wash in a separate sample container labeled Container 
No. 1.A. containing 200 ml of water as follows. Place 200 ml of water in 
a sample container labeled Container No. 1.A. Wash the impinger walls 
and stem with the HCl by turning the impinger on its side and rotating 
it so that the HCl contacts all inside surfaces. Use a total of only 25 
ml of 8 N HCl for rinsing all permanganate impingers combined. Rinse the 
first impinger, then pour the actual rinse used for the first impinger 
into the second impinger for its rinse, etc. Finally, pour the 25 ml of 
8 N HCl rinse carefully with stirring into Container No. 1.A. Analyze 
the HCl rinse separately by carefully diluting with stirring the 
contents of Container No. 1.A. to 500 ml with deionized distilled water. 
Filter (if necessary) through Whatman 40 filter paper, and then analyze 
for mercury according to section 7.4, except limit the aliquot size to a 
maximum of 10 ml. Prepare and analyze a water diluted blank 8 N HCl 
sample by using the same procedure as that used by Container No. 1.A., 
except add 5 ml of 8 N HCl with stirring to 40 ml of water, and then 
dilute to 100 ml with water. Then analyze as instructed for the sample 
from Container No. 1.A. Because the previous separate permanganate 
solution rinse (section 7.2.1) and water rinse (as modified in these 
guidelines) have the capability to recover a very high percentage of the 
mercury from the permanganate impingers, the amount of mercury in the 
HCl rinse in Container No.

[[Page 582]]

1.A. may be very small, possibly even insignificantly small. However, 
add the total of any mercury analyzed and calculated for the HCl rinse 
sample Container No. 1.A. to that calculated from the mercury sample 
from section 7.3.2 which contains the separate permanganate rinse (and 
water rinse as modified herein) for calculation of the total sample 
mercury concentration.
    3.1.5.1.4  Leak-Check Procedures. Follow the leak-check procedures 
given in method 5, section 4.1.4.1 (Pretest Leak-Check), section 4.1.4.2 
(Leak-Checks During the Sample Run), and section 4.1.4.3 (Post-Test 
Leak-Checks).
    3.1.5.1.5  Sampling Train Operation. Follow the procedures given in 
method 5, section 4.1.5. For each run, record the data required on a 
data sheet such as the one shown in Figure 5-2 of method 5.
    3.1.5.1.6  Calculation of Percent Isokinetic. Same as method 5, 
section 4.1.6.
    3.1.5.2  Sample Recovery. Begin cleanup procedures as soon as the 
probe is removed from the stack at the end of a sampling period.
    The probe should be allowed to cool prior to sample recovery. When 
it can be safely handled, wipe off all external particulate matter near 
the tip of the probe nozzle and place a rinsed, non-contaminating cap 
over the probe nozzle to prevent losing or gaining particulate matter. 
Do not cap the probe tip tightly while the sampling train is cooling. 
This normally causes a vacuum to form in the filter holder, thus causing 
the undesired result of drawing liquid from the impingers into the 
filter.
    Before moving the sampling train to the cleanup site, remove the 
probe from the sampling train and cap the open outlet. Be careful not to 
lose any condensate that might be present. Cap the filter inlet where 
the probe was fastened. Remove the umbilical cord from the last impinger 
and cap the impinger. Cap off the filter holder outlet and impinger 
inlet. Use noncontaminating caps, whether ground-glass stoppers, plastic 
caps, serum caps, or Teflon tape to close these openings.
    Alternatively, the train can be disassembled before the probe and 
filter holder/oven are completely cooled, if this procedure is followed: 
Initially disconnect the filter holder outlet/impinger inlet and loosely 
cap the open ends. Then disconnect the probe from the filter holder or 
cyclone inlet and loosely cap the open ends. Cap the probe tip and 
remove the umbilical cord as previously described.
    Transfer the probe and filter-impinger assembly to a cleanup area 
that is clean and protected from the wind and other potential causes of 
contamination or loss of sample. Inspect the train before and during 
disassembly and note any abnormal conditions. The sample is recovered 
and treated as follows (see schematic in Figure 3.1-2). Ensure that all 
items necessary for recovery of the sample do not contaminate it.
    3.1.5.2.1  Container No. 1 (Filter). Carefully remove the filter 
from the filter holder and place it in its identified petri dish 
container. Acid-washed polypropylene or Teflon coated tweezers or clean, 
disposable surgical gloves rinsed with water and dried should be used to 
handle the filters. If it is necessary to fold the filter, make certain 
the particulate cake is inside the fold. Carefully transfer the filter 
and any particulate matter or filter fibers that adhere to the filter 
holder gasket to the petri dish by using a dry (acid-cleaned) nylon 
bristle brush. Do not use any metalcontaining materials when recovering 
this train. Seal the labeled petri dish.

[[Page 583]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.017



[[Page 584]]

    3.1.5.2.2  Container No. 2 (Acetone Rinse).
    Note: Perform section 3.1.5.2.2 only if determination of particulate 
emissions are desired in addition to metals emissions. If only metals 
emissions are desired, skip section 3.1.5.2.2 and go to section 
3.1.5.2.3. Taking care to see that dust on the outside of the probe or 
other exterior surfaces does not get into the sample, quantitatively 
recover particulate matter and any condensate from the probe nozzle, 
probe fitting (plastic such as Teflon, polypropylene, etc. fittings are 
recommended to prevent contamination by metal fittings; further, if 
desired, a single glass piece consisting of a combined probe tip and 
probe liner may be used, but such a single glass piece is not a 
requirement of this methodology), probe liner, and front half of the 
filter holder by washing these components with 100 ml of acetone and 
placing the wash in a glass container.
    Note: The use of exactly 100 ml is necessary for the subsequent 
blank correction procedures. Distilled water may be used instead of 
acetone when approved by the Administrator and shall be used when 
specified by the Administrator; in these cases, save a water blank and 
follow the Administrator's directions on analysis. Perform the acetone 
rinses as follows: Carefully remove the probe nozzle and clean the 
inside surface by rinsing with acetone from a wash bottle and brushing 
with a nonmetallic brush. Brush until the acetone rinse shows no visible 
particles, after which make a final rinse of the inside surface with 
acetone.
    Brush and rinse the sample-exposed, inside parts of the fitting with 
acetone in a similar way until no visible particles remain.
    Rinse the probe liner with acetone by tilting and rotating the probe 
while squirting acetone into its upper end so that all inside surfaces 
will be wetted with acetone. Allow the acetone to drain from the lower 
end into the sample container. A funnel may be used to aid in 
transferring liquid washings to the container. Follow the acetone rinse 
with a nonmetallic probe brush. Hold the probe in an inclined position, 
squirt acetone into the upper end as the probe brush is being pushed 
with a twisting action through the probe; hold a sample container 
underneath the lower end of the probe, and catch any acetone and 
particulate matter which is brushed through the probe three times or 
more until none remains in the probe liner on visual inspection. Rinse 
the brush with acetone, and quantitatively collect these washings in the 
sample container. After the brushing, make a final acetone rinse of the 
probe as described above.
    It is recommended that two people clean the probe to minimize sample 
losses. Between sampling runs, keep brushes clean and protected from 
contamination.
    Clean the inside of the front half of the filter holder by rubbing 
the surfaces with a nonmetallic nylon bristle brush and rinsing with 
acetone. Rinse each surface three times or more if needed to remove 
visible particulate. Make a final rinse of the brush and filter holder. 
After all acetone washings and particulate matter have been collected in 
the sample container tighten the lid on the sample container so that 
acetone will not leak out when it is shipped to the laboratory. Mark the 
height of the fluid level to determine whether or not leakage occurred 
during transport. Label the container clearly to identify its contents.
    3.1.5.2.3  Container No. 3 (Probe Rinse). Keep the probe assembly 
clean and free from contamination as described in section 3.1.5.2.2 of 
this method during the 0.1 N nitric acid rinse described below. Rinse 
the probe nozzle and fitting probe liner, and front half of the filter 
holder thoroughly with 100 ml of 0.1 N nitric acid and place the wash 
into a sample storage container.
    Note: The use of exactly 100 ml is necessary for the subsequent 
blank correction procedures. Perform the rinses as applicable and 
generally as described in method 12, section 5.2.2. Record the volume of 
the combined rinse. Mark the height of the fluid level on the outside of 
the storage container and use this mark to determine if leakage occurs 
during transport. Seal the container and clearly label the contents. 
Finally, rinse the nozzle, probe liner, and front half of the filter 
holder with water followed by acetone and discard these rinses.
    3.1.5.2.4  Container No. 4 (Impingers 1 through 3, HNO3/
H2O2 Impingers and Moisture Knockout Impinger, when used, 
Contents and Rinses). Due to the potentially large quantity of liquid 
involved, the tester may place the impinger solutions from impingers 1 
through 3 in more than one container. Measure the liquid in the first 
three impingers volumetrically to within 0.5 ml using a graduated 
cylinder. Record the volume of liquid present. This information is 
required to calculate the moisture content of the sampled flue gas. 
Clean each of the first three impingers, the filter support, the back 
half of the filter housing, and connecting glassware by thoroughly 
rinsing with 100 ml of 0.1 N nitric acid using the procedure as 
applicable and generally as described in method 12, section 5.2.4.
    Note: The use of exactly 100 ml of 0.1 N nitric acid rinse is 
necessary for the subsequent blank correction procedures. Combine the 
rinses and impinger solutions, measure and record the volume. Mark the 
height of the fluid level on the outside of the container to determine 
if leakage occurs during transport. Seal the container and clearly label 
the contents.
    3.1.5.2.5  Container Nos. 5A, 5B, and 5C. 5A (0.1 N HNO3), 5B 
(KMnO4/H2SO4 absorbing solution), and 5C (8 N HCl rinse 
and dilution). (As described previously at the end of section

[[Page 585]]

3.1.3.1.5 of this method, if mercury is not being measured in this 
train, then impingers 4, 5, and 6, as shown in Figure 3.1-2, are not 
necessary and may be eliminated.) Pour all the liquid, if any, from the 
impinger which was empty at the start of the run and which immediately 
precedes the two permanganate impingers (normally impinger No. 4) into a 
graduated cylinder and measure the volume to within 0.5 ml. This 
information is required to calculate the moisture content of the sampled 
flue gas. Place the liquid in Sample Container No. 5A. Rinse the 
impinger (No. 4) with 100 ml of 0.1 N HNO3 and place this into 
Container No. 5A.
    Pour all the liquid from the two permanganate impingers into a 
graduated cylinder and measure the volume to within 0.5 ml. This 
information is required to calculate the moisture content of the sampled 
flue gas. Place this KMnO4 absorbing solution stack sample from the 
two permanganate impingers into Container No. 5B. Using 100 ml total of 
fresh acidified potassium permanganate solution, rinse the two 
permanganate impingers and connecting glass pieces a minimum of three 
times and place the rinses into Container No. 5B, carefully ensuring 
transfer of all loose precipitated materials from the two impingers into 
Container No. 5B. Using 100 ml total of water, rinse the permanganate 
impingers and connecting glass pieces a minimum of three times, and 
place the rinses into Container 5B, carefully ensuring transfer of all 
loose precipitated material, if any, from the two impingers into 
Container No. 5B. Mark the height of the fluid level on the outside of 
the bottle to determine if leakage occurs during transport. See the 
following note and the precaution in paragraph 3.1.4.2.2 and properly 
prepare the bottle and clearly label the contents.
    Note: Due to the potential reaction of the potassium permanganate 
with the acid, there may be pressure buildup in the sample storage 
bottles. These bottles shall not be completely filled and shall be 
vented to relieve potential excess pressure. Venting is required. A No. 
70-72 hole drilled in the container cap and Teflon liner has been used.
    If no visible deposits remain after the above described water rinse, 
do not rinse with 8 N HCl. However, if deposits do remain on the 
glassware after this water rinse, wash the impinger surfaces with 25 ml 
of 8 N HCl, and place the wash in a separate sample container labeled 
Container No. 5C containing 200 ml of water as follows: Place 200 ml of 
water in a sample container labeled Container No. 5C. Wash the impinger 
walls and stem with the HCl by turning the impinger on its side and 
rotating it so that the HCl contacts all inside surfaces. Use a total of 
only 25 ml of 8 N HCl for rinsing both permananate impingers combined. 
Rinse the first impinger, then pour the actual rinse used for the first 
impinger into the second impinger for its rinse. Finally, pour the 25 ml 
of 8 N HCl rinse carefully with stirring into Container No. 5C. Mark the 
height of the fluid level on the outside of the bottle to determine if 
leakage occurs during transport.
    3.1.5.2.6  Container No. 6 (Silica Gel). Note the color of the 
indicating silica gel to determine whether it has been completely spent 
and make a notation of its condition. Transfer the silica gel from its 
impinger to its original container and seal. The tester may use a funnel 
to pour the silica gel and a rubber policeman to remove the silica gel 
from the impinger.
    The small amount of particles that may adhere to the impinger wall 
need not be removed. Do not use water or other liquids to transfer the 
silica gel since weight gained in the silica gel impinger is used for 
moisture calculations. Alternatively, if a balance is available in the 
field, record the weight of the spent silica gel (or silica gel plus 
impinger) to the nearest 0.5 g.
    3.1.5.2.7  Container No. 7 (Acetone Blank). If particulate emissions 
are to be determined, at least once during each field test, place a 100-
ml portion of the acetone used in the sample recovery process into a 
labeled container for use in the front-half field reagent blank. Seal 
the container.
    3.1.5.2.8  Container No. 8A (0.1 N Nitric Acid Blank). At least once 
during each field test, place 300 ml of the 0.1 N nitric acid solution 
used in the sample recovery process into a labeled container for use in 
the front-half and back-half field reagent blanks. Seal the container. 
Container No. 8B (water blank). At least once during each field test, 
place 100 ml of the water used in the sample recovery process into a 
labeled Container No. 8B. Seal the container.
    3.1.5.2.9  Container No. 9 (5% Nitric Acid/10% Hydrogen Peroxide 
Blank). At least once during each field test, place 200 ml of the 5% 
nitric acid/10% hydrogen peroxide solution used as the nitric acid 
impinger reagent into a labeled container for use in the back-half field 
reagent blank. Seal the container.
    3.1.5.2.10  Container No. 10 (Acidified Potassium Permanganate 
Blank). At least once during each field test, place 100 ml of the 
acidified potassium permanganate solution used as the impinger solution 
and in the sample recovery process into a labeled container for use in 
the back-half field reagent blank for mercury analysis. Prepare the 
container as described in section 3.1.5.2.5.
    Note: Due to the potential reaction of the potassium permanganate 
with the acid, there may be pressure buildup in the sample storage 
bottles. These bottles shall not be completely filled and shall be 
vented to relieve potential excess pressure. Venting is required. A No. 
70-72 hole drilled in the container cap and Teflon liner has been used.

[[Page 586]]

    3.1.5.2.11  Container No. 11 (8 N HCl Blank). At least once during 
each field test, perform both of the following: Place 200 ml of water 
into a sample container. Pour 25 ml of 8N HCl carefully with stirring 
into the 200 ml of water in the container. Mix well and seal the 
container.
    3.1.5.2.12  Container No. 12 (Filter Blank). Once during each field 
test, place three unused blank filters from the same lot as the sampling 
filters in a labeled petri dish. Seal the petri dish. These will be used 
in the front-half field reagent blank.
    3.1.5.3  Sample Preparation. Note the level of the liquid in each of 
the containers and determine if any sample was lost during shipment. If 
a noticeable amount of leakage has occurred, either void the sample or 
use methods, subject to the approval of the Administrator, to correct 
the final results. A diagram illustrating sample preparation and 
analysis procedures for each of the sample train components is shown in 
Figure 3.1-3.
    3.1.5.3.1  Container No. 1 (Filter). If particulate emissions are 
being determined, then desiccate the filter and filter catch without 
added heat and weigh to a constant weight as described in section 4.3 of 
method 5. For analysis of metals, divide the filter with its filter 
catch into portions containing approximately 0.5 g each and place into 
the analyst's choice of either individual microwave pressure relief 
vessels or Parr Bombs. Add 6 ml of concentrated nitric acid 
and 4 ml of concentrated hydrofluoric acid to each vessel. For microwave 
heating, microwave the sample vessels for approximately 12-15 minutes in 
intervals of 1 to 2 minutes at 600 Watts. For conventional heating, heat 
the Parr Bombs at 140 deg.C (285 deg.F) for 6 hours. Cool the samples to 
room temperature and combine with the acid digested probe rinse as 
required in section 3.1.5.3.3, below.

[[Page 587]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.018



[[Page 588]]

    Notes: 1. Suggested microwave heating times are approximate and are 
dependent upon the number of samples being digested. Twelve to 15 minute 
heating times have been found to be acceptable for simultaneous 
digestion of up to 12 individual samples. Sufficient heating is 
evidenced by sorbent reflux within the vessel.
    2. If the sampling train uses an optional cyclone, the cyclone catch 
should be prepared and digested using the same procedures described for 
the filters and combined with the digested filter samples.

    3.1.5.3.2  Container No. 2 (Acetone Rinse). Note the level of liquid 
in the container and confirm on the analysis sheet whether leakage 
occurred during transport. If a noticeable amount of leakage has 
occurred, either void the sample or use methods, subject to the approval 
of the Administrator, to correct the final results. Measure the liquid 
in this container either volumetrically to  1 ml or 
gravimetrically to  0.5 g. Transfer the contents to an acid-
cleaned, tared 250-ml beaker and evaporate to dryness at ambient 
temperature and pressure. If particulate emissions are being determined, 
desiccate for 24 hours without added heat, weigh to a constant weight 
according to the procedures described in section 4.3 of method 5, and 
report the results to the nearest 0.1 mg. Redissolve the residue with 10 
ml of concentrated nitric acid and, carefully with stirring, 
quantitatively combine the resultant sample including all liquid and any 
particulate matter with Container No. 3 prior to beginning the following 
section 3.1.5.3.3.
    3.1.5.3.3  Container No. 3 (Probe Rinse). The pH of this sample 
shall be 2 or lower. If the pH is higher, the sample should be acidified 
to pH 2 by the careful addition with stirring of concentrated nitric 
acid. The sample should be rinsed into a beaker with water and the 
beaker should be covered with a ribbed watchglass. The sample volume 
should be reduced to approximately 20 ml by heating on a hot plate at a 
temperature just below boiling. Digest the sample in microwave vessels 
or Parr  Bombs by quantitatively transferring the sample to 
the vessel or bomb, by carefully adding the 6 ml of concentrated nitric 
acid and 4 ml of concentrated hydrofluoric acid and then continuing to 
follow the procedures described in section 3.1.5.3.1; then combine the 
resultant sample directly with the acid digested portions of the filter 
prepared previously in section 3.1.5.3.1. The resultant combined sample 
is referred to as Fraction 1 precursor. Filter the combined solution of 
the acid digested filter and probe rinse samples using Whatman 541 
filter paper. Dilute to 300 ml (or the appropriate volume for the 
expected metals concentration) with water. This dilution is Fraction 1. 
Measure and record the volume of the Fraction 1 solution to within 0.1 
ml. Quantitatively remove a 50-ml aliquot and label as Fraction 1B. 
Label the remaining 250-ml portion as Fraction 1A. Fraction 1A is used 
for ICAP or AAS analysis. Fraction 1B is used for the determination of 
front-half mercury.
    3.1.5.3.4  Container No. 4 (Impingers 1-3). Measure and record the 
total volume of this sample (Fraction 2) to within 0.5 ml. Remove a 75- 
to 100-ml aliquot for mercury analysis and label as Fraction 2B. Label 
the remaining portion of Container No. 4 as aliquot Fraction 2A. Aliquot 
Fraction 2A defines the volume of 2A prior to digestion. All of the 
aliquot Fraction 2A is digested to produce concentrated Fraction 2A. 
Concentrated Fraction 2A defines the volume of 2A after digestion which 
is normally 150 ml. Only concentrated Fraction 2A is analyzed for metals 
(except that it is not analyzed for mercury). The Fraction 2B aliquot 
should be prepared and analyzed for mercury as described in section 
3.1.5.4.3. Aliquot Fraction 2A shall be pH 2 or lower. If necessary, use 
concentrated nitric acid, by careful addition and stirring, to lower 
aliquot Fraction 2A to pH 2. The sample should be rinsed into a beaker 
with water and the beaker should be covered with a ribbed watchglass. 
The sample volume should be reduced to approximately 20 ml by heating on 
a hot plate at a temperature just below boiling. Next follow either the 
conventional or microwave digestion procedures described in sections 
3.1.5.3.4.1 and 3.1.5.3.4.2, below.
    3.1.5.3.4.1  Conventional Digestion Procedure. Add 30 ml of 50 
percent nitric acid and heat for 30 minutes on a hot plate to just below 
boiling. Add 10 ml of 3 percent hydrogen peroxide and heat for 20 more 
minutes. Add 50 ml of hot water and heat the sample for an additional 20 
minutes. Cool, filter the sample, and dilute to 150 ml (or the 
appropriate volume for the expected metals concentrations) with water. 
This dilution is concentrated Fraction 2A. Measure and record the volume 
of the Fraction 2A solution to within 0.1 ml.
    3.1.5.3.4.2  Microwave Digestion Procedure. Add 10 ml of 50 percent 
nitric acid and heat for 6 minutes in intervals of 1 to 2 minutes at 600 
Watts. Allow the sample to cool. Add 10 ml of 3 percent hydrogen 
peroxide and heat for 2 more minutes. Add 50 ml of hot water and heat 
for an additional 5 minutes. Cool, filter the sample, and dilute to 150 
ml (or the appropriate volume for the expected metals concentrations) 
with water. This dilution is concentrated Fraction 2A. Measure and 
record the volume of the Fraction 2A solution to within 0.1 ml.

    Note: All microwave heating times given are approximate and are 
dependent upon the number of samples being digested at a time. Heating 
times as given above have been found acceptable for simultaneous 
digestion of up to 12 individual samples. Sufficient

[[Page 589]]

heating is evidenced by solvent reflux within the vessel.

    3.1.5.3.5  Container Nos. 5A, 5B, and 5C (Impingers 4, 5, and 6). 
Keep these samples separate from each other and measure and record the 
volumes of 5A and 5B separately to within 0.5 ml. Dilute sample 5C to 
500 ml with water. These samples 5A, 5B, and 5C are referred to 
respectively as Fractions 3A, 3B, and 3C. Follow the analysis procedures 
described in section 3.1.5.4.3.
    Because the permanganate rinse and water rinse have the capability 
to recover a high percentage of the mercury from the permanganate 
impingers, the amount of mercury in the HCl rinse (Fraction 3C) may be 
very small, possibly even insignificantly small. However, as instructed 
in this method, add the total of any mercury measured in and calculated 
for the HCl rinse (Fraction 3C) to that for Fractions 1B, 2B, 3A, and 3B 
for calculation of the total sample mercury concentration.
    3.1.5.3.6  Container No. 6 (Silica Gel). Weigh the spent silica gel 
(or silica gel plus impinger) to the nearest 0.5 g using a balance. 
(This step may be conducted in the field.)
    3.1.5.4  Sample Analysis. For each sampling train, seven individual 
samples are generated for analysis. A schematic identifying each sample 
and the prescribed sample preparation and analysis scheme is shown in 
Figure 3.1-3. The first two samples, labeled Fractions 1A and 1B, 
consist of the digested samples from the front half of the train. 
Fraction 1A is for ICAP or AAS analysis as described in sections 
3.1.5.4.1 and/or 3.1.5.4.2. Fraction 1B is for determination of front-
half mercury as described in section 3.1.5.4.3.
    The back half of the train was used to prepare the third through 
seventh samples. The third and fourth samples, labeled Fractions 2A and 
2B, contain the digested samples from the moisture knockout, if used, 
and HNO3/H2O2 Impingers 1 through 3. Fraction 2A is for 
ICAP or AAS analysis. Fraction 2B will be analyzed for mercury.
    The fifth through seventh samples, labeled Fractions 3A, 3B, and 3C, 
consist of the impinger contents and rinses from the empty and 
permanganate impingers 4, 5, and 6. These samples are analyzed for 
mercury as described in section 3.1.5.4.3. The total back-half mercury 
catch is determined from the sum of Fraction 2B and Fractions 3A, 3B, 
and 3C.
    3.1.5.4.1  ICAP Analysis. Fraction 1A and Fraction 2A are analyzed 
by ICAP using EPA SW-846 method 6010 or method 200.7 (40 CFR 136, 
appendix C). Calibrate the ICAP, and set up an analysis program as 
described in method 6010 or method 200.7. The quality control procedures 
described in section 3.1.7.3.1 of this method shall be followed. 
Recommended wavelengths for use in the analysis are listed below:

------------------------------------------------------------------------
                       Element                          Wavelength (nm) 
------------------------------------------------------------------------
Aluminum............................................             308.215
Antimony............................................             206.833
Arsenic.............................................             193.696
Barium..............................................             455.403
Beryllium...........................................             313.042
Cadmium.............................................             226.502
Chromium............................................             267.716
Copper..............................................             324.754
Iron................................................             259.940
Lead................................................             220.353
Manganese...........................................             257.610
Nickel..............................................             231.604
Phosphorus..........................................             214.914
Selenium............................................             196.026
Silver..............................................             328.068
Thallium............................................             190.864
Zinc................................................             213.856
------------------------------------------------------------------------

The wavelengths listed are recommended because of their sensitivity and 
overall acceptance. Other wavelengths may be substituted if they can 
provide the needed sensitivity and are treated with the same corrective 
techniques for spectral interference.
    Initially, analyze all samples for the desired target metals (except 
mercury) plus iron and aluminum. If iron and aluminum are present in the 
sample, the sample may have to be diluted so that each of these elements 
is at a concentration of less than 50 ppm to reduce their spectral 
interferences on arsenic, cadmium, chromium, and lead.

    Note. When analyzing samples in a hydrofluoric acid matrix, an 
alumina torch should be used; since all front-half samples will contain 
hydrofluoric acid, use an alumina torch.

    3.1.5.4.2  AAS by Direct Aspiration and/or Graphite Furnace. If 
analysis of metals in Fraction 1A and Fraction 2A using graphite furnace 
or direct aspiration AAS is desired, Table 3.1-2 should be used to 
determine which techniques and methods should be applied for each target 
metal. Table 3.1-2 should also be consulted to determine possible 
interferences and techniques to be followed for their minimization. 
Calibrate the instrument according to section 3.1.6.3 and follow the 
quality control procedures specified in section 3.1.7.3.2.

[[Page 590]]



         Table 3.1-2--Applicable Techniques, Methods, and Minimization of Interference for AAS Analysis         
----------------------------------------------------------------------------------------------------------------
                                                                                  Interferences                 
     Metal            Technique          SW-846     Wavelength -------------------------------------------------
                                       Method No.      (nm)             Cause                 Minimization      
----------------------------------------------------------------------------------------------------------------
Sb............  Aspiration..........         7040        217.6  1000 mg/mL Pb Ni, Cu,  Use secondary wavelength 
                                                                 or acid.               of 231.1 nm; match      
                                                                                        sample & standards' acid
                                                                                        concentration or use    
                                                                                        nitrous oxide/acetylene 
                                                                                        flame.                  
Sb............  Furnace.............         7041        217.6  High Pb..............  Secondary wavelength or  
                                                                                        Zeeman correction.      
As............  Furnace.............         7060        193.7  Arsenic volatization.  Spiked samples and add   
                                                                                        nickel nitrate solution 
                                                                                        to digestates prior to  
                                                                                        analysis.               
                                                                Aluminum.............  Use Zeeman background    
                                                                                        correction.             
Ba............  Aspiration..........         7080        553.6  Calcium..............  High hollow cathode      
                                                                                        current and narrow band 
                                                                                        set.                    
                                                                Barium ionization....  2 mL of KC1 per 100 mL of
                                                                                        sample.                 
Be............  Aspiration..........         7090        234.9  500 ppm A1...........  Add 0.1% fluoride.       
                                                                High Mg and Si.......  Use method of standard   
                                                                                        additions.              
Be............  Furnace.............         7091        234.9  Be in optical path...  Optimize parameters to   
                                                                                        minimize effects.       
Cd............  Aspiration..........         7130        228.8  Absorption and light   Background correction is 
                                                                 scattering.            required.               
Cd............  Furnace.............         7131        228.8  As above.............  As above.                
                                                                Excess chloride......  Ammonium phosphate used  
                                                                                        as a matrix modifier.   
                                                                Pipet tips...........  Use cadmium-free tips.   
Cr............  Aspiration..........         7190        357.9  Alkali metal.........  KC1 ionization           
                                                                                        suppressant in samples  
                                                                                        and standards.          
                                                                Absorption and         Consult manufacturer's   
                                                                 scatter.               literature.             
Cr............  Furnace.............         7191        357.9  200 mg/L Ca and P....  All calcium nitrate for a
                                                                                        known constant effect   
                                                                                        and to eliminate effect 
                                                                                        of phosphate.           
Cu............  Aspiration..........         7210        324.7  Absorption and         Consult manufacturer's   
                                                                 scatter.               manual.                 
Fe............  Aspiration..........         7380        248.3  Contamination........  Great care taken to avoid
                                                                                        contamination.          
Pb............  Aspiration..........         7420        283.3  217.0 nm alternate...  Background correction    
                                                                                        required.               
Pb............  Furnace.............         7421        283.3  Poor recoveries......  Matrix modifier, add 10  
                                                                                        uL of phosphorus acid to
                                                                                        1 mL of prepared sample 
                                                                                        in sampler cup.         
Mn............  Aspiration..........         7460        279.5  403.1 nm alternate...  Background correction    
                                                                                        required.               
Ni............  Aspiration..........         7520        232.0  352.4 nm alternate...  Background correction    
                                                                                        required.               
                                                                Fe, Co, and Cr.......  Matrix matching or       
                                                                                        nitrous-oxide/acetylene 
                                                                                        flame.                  
                                                                Nonlinear response...  Sample dilution or use   
                                                                                        352.3 nm line.          
Se............  Furnace.............         7740        196.0  Volatility...........  Spike samples and        
                                                                                        reference materials and 
                                                                                        add nickel nitrate to   
                                                                                        minimize volatilization.
                                                                Adsorption & scatter.  Background correction is 
                                                                                        required and Zeeman     
                                                                                        background correction   
                                                                                        can be useful.          
Ag............  Aspiration..........         7760        328.1  Adsorption & scatter.  Background correction is 
                                                                                        required.               
                                                                AgC1 insolube........  Avoid hydrochloric acid  
                                                                                        unless silver is in     
                                                                                        solution as a chloride  
                                                                                        complex.                
                                                                Viscosity............  Sample and standards     
                                                                                        monitored for aspiration
                                                                                        rate.                   
Tl............  Aspiration..........         7840        276.8                         Background correction is 
                                                                                        required. Hydrochloric  
                                                                                        acid should not be used.
Tl............  Furnace.............         7841        276.8  Hydrochloric acid or   Background correction is 
                                                                 chloride.              required. Verify that   
                                                                                        losses are not occurring
                                                                                        for volatization by     
                                                                                        spiked samples or       
                                                                                        standard addition;      
                                                                                        Palladium is a suitable 
                                                                                        matrix modifier.        
Zn............  Aspiration..........         7950        213.9  High Si, Cu, & P.....  Strontium removes Cu and 
                                                                                        phosphate.              
                                                                Contamination........  Great care taken to avoid
                                                                                        contamination.          
----------------------------------------------------------------------------------------------------------------

    3.1.5.4.3 Cold Vapor AAS Mercury Analysis. Fraction 1B, Fraction 2B, 
and Fractions 3A, 3B, and 3C should be analyzed separately for mercury 
using cold vapor atomic absorption spectroscopy following the method 
outlined in EPA SW-846 method 7470 or in Standard Methods for Water and 
Wastewater Analysis, 15th Edition, Method 303F. Set up the calibration 
curve (zero to 1000 ng) as described in SW-846 method 7470 or similar to 
method

[[Page 591]]

303F, using 300-ml BOD bottles instead of Erlenmeyers. Dilute 
separately, as described below, a 1 ml to 10 ml aliquot of each original 
sample to 100 ml with water. Record the amount of the aliquot used for 
dilution to 100 ml. If no prior knowledge exists of the expected amount 
of mercury in the sample, a 5-ml aliquot is suggested for the first 
dilution to 100 ml and analysis. To determine the stack emission value 
for mercury, the amount of the aliquot of the sample used for dilution 
and analysis is dependent on the amount of mercury in the aliquot: The 
total amount of mercury in the aliquot used for analysis shall be less 
than 1 g, and within the range (zero to 1000 ng) of the 
calibration curve. Place each sample aliquot into a separate 300-ml BOD 
bottle and add enough Type II water to make a total volume of 100 ml. 
Then analyze the 100 ml for mercury by adding to it sequentially the 
sample preparation solutions and performing the sample preparation and 
analysis as described in the procedures of SW-846 method 7470 or method 
303F. If, during the described analysis, the reading maximum(s) are off-
scale (because the aliquot of the original sample analyzed contained 
more mercury than the maximum of the calibration range) including the 
analysis of the 100-ml dilution of the 1-ml aliquot of the original 
sample causing a reading maximum which is off-scale, then perform the 
following: Dilute the original sample (or a portion of it) with 0.15% 
HNO3 in water (1.5 ml concentrated HNO3 per liter aqueous 
solution) so that when a 1-ml to 10-ml aliquot of the dilution of the 
original sample is then further diluted to 100 ml in the BOD bottle, and 
analyzed by the procedures described above, it will yield an analysis 
within the range of the calibration curve.

                           3.1.6  Calibration

    Maintain a laboratory log of all calibrations.
    3.1.6.1  Sampling Train Calibration. Calibrate the sampling train 
components according to the indicated sections of method 5: Probe Nozzle 
(section 5.1); Pitot Tube (section 5.2); Metering System (section 5.3); 
Probe Heater (section 5.4); Temperature Gauges (section 5.5); Leak-Check 
of the Metering System (section 5.6); and Barometer (section 5.7).
    3.1.6.2  Inductively Coupled Argon Plasma Spectrometer Calibration. 
Prepare standards as outlined in section 3.1.4.4. Profile and calibrate 
the instrument according to the instrument manufacturer's recommended 
procedures using the above standards. The instrument calibration should 
be checked once per hour. If the instrument does not reproduce the 
concentrations of the standard within 10 percent, the complete 
calibration procedures should be performed.
    3.1.6.3  Atomic Absorption Spectrometer--Direct Aspiration, Graphite 
Furnace and Cold Vapor Mercury Analyses. Prepare the standards as 
outlined in section 3.1.4.4. Calibrate the spectrometer using these 
prepared standards. Calibration procedures are also outlined in the EPA 
methods referred to in Table 3.1-2 and in SW-846 Method 7470 or Standard 
Methods for Water and Wastewater, 15th Edition, method 303F (for 
mercury). Each standard curve should be run in duplicate and the mean 
values used to calculate the calibration line. The instrument should be 
recalibrated approximately once every 10 to 12 samples.

                         3.1.7  Quality Control

    3.1.7.1  Sampling. Field Reagent Blanks. When analyzed, the blank 
samples in Container Numbers 7 through 12 produced previously in 
sections 3.1.5.2.7 through 3.1.5.2.12, respectively, shall be processed, 
digested, and analyzed as follows: Digest and process one of the filters 
from Container No. 12 per section 3.1.5.3.1, 100 ml from Container No. 7 
per section 3.1.5.3.2, and 100 ml from Container No. 8A per section 
3.1.5.3.3. This produces Fraction Blank 1A and Fraction Blank 1B from 
Fraction Blank 1. (If desired, the other two filters may be digested 
separately according to section 3.1.5.3.1, diluted separately to 300 ml 
each, and analyzed separately to produce a blank value for each of the 
two additional filters. If these analyses are performed, they will 
produce two additional values for each of Fraction Blank 1A and Fraction 
Blank 1B. The three Fraction Blank 1A values will be calculated as three 
values of Mfhb in Equation 3 of section 3.1.8.4.3, and then the 
three values shall be totalled and divided by 3 to become the value 
Mfhb to be used in the computation of Mt by Equation 3. 
Similarly, the three Fraction Blank 1B values will be calculated 
separately as three values, totalled, averaged, and used as the value 
for Hgfhb in Equation 8 of section 3.1.8.5.3. The analyses of the 
two extra filters are optional and are not a requirement of this method, 
but if the analyses are performed, the results must be considered as 
described above.) Combine 100 ml of Container No. 8A with 200 ml of the 
contents of Container No. 9 and digest and process the resultant volume 
per section 3.1.5.3.4. This produces concentrated Fraction Blank 2A and 
Fraction Blank 2B from Fraction Blank 2. A 100-ml portion of Container 
No. 8A is Fraction Blank 3A. Combine 100 ml of the contents of Container 
No. 10 with 33 ml of the contents of Container No. 8B. This produces 
Fraction Blank 3B (use 400 ml as the volume of Fraction Blank 3B when 
calculating the blank value. Use the actual volumes when calculating all 
the other blank values). Dilute 225 ml of the contents of Container No. 
11 to 500 ml with water. This produces Fraction Blank 3C. Analyze 
Fraction Blank 1A and Fraction Blank 2A per section 3.1.5.4.1

[[Page 592]]

and/or 3.1.5.4.2. Analyze Fraction Blank 1B, Fraction Blank 2B, and 
Fraction Blanks 3A, 3B, and 3C per section 3.1.5.4.3. The analysis of 
Fraction Blank 1A produces the front-half reagent blank correction 
values for the metals except mercury; the analysis of Fraction Blank 1B 
produces the front-half reagent blank correction value for mercury. The 
analysis of concentrated Fraction Blank 2A produces the back-half 
reagent blank correction values for the metals except mercury, while 
separate analysis of Fraction Blanks 2B, 3A, 3B, and 3C produce the 
back-half reagent blank correction value for mercury.
    3.1.7.2  An attempt may be made to determine if the laboratory 
reagents used in section 3.1.5.3 caused contamination. They should be 
analyzed by the procedures in section 3.1.5.4. The Administrator will 
determine whether the laboratory blank reagent values can be used in the 
calculation of the stationary source test results.
    3.1.7.3  Quality Control Samples. The following quality control 
samples should be analyzed.
    3.1.7.3.1  ICAP Analysis. Follow the quality control shown in 
section 8 of method 6010. For the purposes of a three-run test series, 
these requirements have been modified to include the following: Two 
instrument check standard runs, two calibration blank runs, one 
interference check sample at the beginning of the analysis (must be 
within 25% or analyze by the method of standard additions), one quality 
control sample to check the accuracy of the calibration standards (must 
be within 25% of calibration), and one duplicate analysis (must be 
within 10% of average or repeat all analyses).
    3.1.7.3.2  Direct Aspiration and/or Graphite Furnace AAS Analysis 
for antimony, arsenic, barium, beryllium, cadmium, copper, chromium, 
lead, nickel, manganese, mercury, phosphorus, selenium, silver, 
thallium, and zinc. All samples should be analyzed in duplicate. Perform 
a matrix spike on at least one front-half sample and one back-half 
sample or one combined sample. If recoveries of less than 75 percent or 
greater than 125 percent are obtained for the matrix spike, analyze each 
sample by the method of standard additions. A quality control sample 
should be analyzed to check the accuracy of the calibration standards. 
The results must be within 10% or the calibration repeated.
    3.1.7.3.3  Cold Vapor AAS Analysis for Mercury. All samples should 
be analyzed in duplicate. A quality control sample should be analyzed to 
check the accuracy of the calibration standards (within 15% or repeat 
calibration). Perform a matrix spike on one sample from the nitric 
impinger portion (must be within 25% or samples must be analyzed by the 
method of standard additions). Additional information on quality control 
can be obtained from EPA SW-846 method 7470 or in Standard Methods for 
the Examination of Water and Wastewater, 15th Edition, method 303F.

                           3.1.8  Calculations

    3.1.8.1  Dry Gas Volume. Using the data from this test, calculate 
Vm(std), the dry gas sample volume at standard conditions as 
outlined in Section 6.3 of Method 5.
    3.1.8.2  Volume of Water Vapor and Moisture Content. Using the data 
obtained from this test, calculate the volume of water vapor 
Vw(std) and the moisture content Bws of the stack gas. Use 
Equations 5-2 and 5-3 of Method 5.
    3.1.8.3  Stack Gas Velocity. Using the data from this test and 
Equation 2-9 of Method 2, calculate the average stack gas velocity.
    3.1.8.4  Metals (Except Mercury) in Source Sample.
    3.1.8.4.1  Fraction 1A, Front Half, Metals (except Hg). Calculate 
separately the amount of each metal collected in Fraction 1 of the 
sampling train using the following equation:

Mfh=Ca1 Fd Vsoln,1        Eq. 1 *
---------------------------------------------------------------------------

    * If Fractions 1A and 2A are combined, proportional aliquots must be 
used. Appropriate changes must be made in Equations 1-3 to reflect this 
approach.

where:
Mfh=total mass of each metal (except Hg) collected in the front 
          half of the sampling train (Fraction 1), g.
Ca1=concentration of metal in sample Fraction 1A as read from the 
          standard curve (g/ml).
Fd=dilution factor (Fd=the inverse of the fractional portion 
          of the concentrated sample in the solution actually used in 
          the instrument to produce the reading Ca1. For example, 
          when 2 ml of Fraction 1A are diluted to 10 ml, Fd=5).
Vsoln,1=total volume of digested sample solution (Fraction 1), ml.

    3.1.8.4.2  Fraction 2A, Back Half, Metals (except Hg). Calculate 
separately the amount of each metal collected in Fraction 2 of the 
sampling train using the following equation:

Mbh=Ca2FaVa        Eq. 2*

where:
Mbh=total mass of each metal (except Hg) collected in the back half 
          of the sampling train (Fraction 2), g.
Ca2=concentration of metal in sample concentrated Fraction 2A, as 
          read from the standard curve (g/ml).
Fa=aliquot factor, volume of Fraction 2 divided by volume of 
          aliquot Fraction 2A (see section 3.1.5.3.4).
Va=total volume of digested sample solution (concentrated Fraction 
          2A), ml (see section 3.1.5.3.4.1 or 3.1.5.3.4.2, as 
          applicable).

[[Page 593]]

    3.1.8.4.3  Total Train, Metals (except Hg). Calculate the total 
amount of each of the quantified metals collected in the sampling train 
as follows:

Mt=(Mfh-Mfhb)+(Mbh-Mbhb)        Eq. 3*

where:
Mt=total mass of each metal (separately stated for each metal) 
          collected in the sampling train, g.
Mfhb=blank correction value for mass of metal detected in front-
          half field reagent blank, g.
Mbhb=blank correction value for mass of metal detected in back-half 
          field reagent blank, g.

    Note: If the measured blank value for the front half (mfhb) is 
in the range 0.0 to A g (where A g equals the value 
determined by multiplying 1.4 g per square inch (1.4 
g/in\2\) times the actual area in square inches (in\2\) of the 
filter used in the emission sample) mfhb may be used to correct the 
emission sample value (mfh); if mfhb exceeds A g, the 
greater of the two following values (either I. or II.) may be used:
    I. A g, or
    II. the lesser of (a) mfhb, or (b) 5 percent of mfh.
    If the measured blank value for the back half (mbhb) is in the 
range of 0.0 to 1 g, mbhb may be used to correct the 
emission sample value (mbh); if mbhb exceeds 1 g, the 
greater of the two following values may be used: 1 g or 5 
percent of mbh.
    3.1.8.5  Mercury in Source Sample.
    3.1.8.5.1  Fraction 1B, Front Half, Hg. Calculate the amount of 
mercury collected in the front half, Fraction 1, of the sampling train 
using the following equation:

                                                                        
              Qfh                                                       
 Hgfh   =  --------  x  Vsoln,1                                   Eq. 4 
             Vf1B                                                       
                                                                        

where:
Hgfh=total mass of mercury collected in the front half of the 
          sampling train (Fraction 1), g.
Qfh=quantity of mercury in analyzed sample, g.
Vsoln,1=total volume of digested sample solution (Fraction 1), ml.
Vf1B=volume of Fraction 1B analyzed, ml. See the following notice.

    Note: Vf1B is the actual amount of Fraction 1B analyzed. For 
example, if 1 ml of Fraction lB were diluted to 100 ml to bring it into 
the proper analytical range, and 1 ml of the 100-ml dilution were 
analyzed, Vf1B would be 0.01 ml.
    3.1.8.5.2  Fraction 2B and Fractions 3A, 3B, and 3C, Back Half, Hg. 
Calculate the amount of mercury collected in Fractions 2 using Equation 
5 and in Fractions 3A, 3B, and 3C using Equation 6. Calculate the total 
amount of mercury collected in the back half of the sampling train using 
Equation 7.

                                                                        
              Qbh2                                                      
 Hgbh2   =  --------   x  Vsoln,2                                 Eq. 5 
              Vf2B                                                      
                                                                        

where:
Hgbh2=total mass of mercury collected in Fraction 2, g.
Qbh2=quantity of mercury in analyzed sample, g.
Vsoln,2=total volume of Fraction 2, ml.
Vf2B=volume of Fraction 2B analyzed, ml (see the following note).
    Note: Vf2B is the actual amount of Fraction 2B analyzed. For 
example, if 1 ml of Fraction 2B were diluted to 10 ml to bring it into 
the proper analytical range, and 5 ml of the 10-ml dilution was 
analyzed, Vf2B would be 0.5.
    Use Equation 6 to calculate separately the back-half mercury for 
Fractions 3A, then 3B, then 3C.

                                                                        
                             Qbh3(A,B,C)                                
    Hgbh3(A,B,C) =     -----------------------      x  Vsoln,3(A,B,C)   
                              Vf3(A,B,C)                                
                                                                        
                                                               Eq. 6    

where:
Hgbh3(A,B,C)=total mass of mercury collected separately in Fraction 
          3A, 3B, or 3C, g.
Qbh3(A,B,C)=quantity of mercury in separately analyzed samples, 
          g.
Vf3(A,B,C)=volume of Fraction 3A, 3B, or 3C analyzed, ml (see Note 
          in sections 3.1.8.5.1 and 3.1.8.5.2, and calculate similarly).
Vsoln,3(A,B,C)=total volume of Fraction 3A, 3B, or 3C, ml.
Hgbh=Hgbh2+Hgbh3A+Hgbh3B+Hgbh3C       Eq. 7

where:
Hgbh=total mass of mercury collected in the back half of the 
          sampling train, g.
    3.1.8.5.3  Total Train Mercury Catch. Calculate the total amount of 
mercury collected in the sampling train using Equation 8.

Hgt=(Hgfh-Hgfhb)+(Hgbh-Hgbhb)        Eq. 8

    where:
Hgt=total mass of mercury collected in the sampling train, 
          g.
Hgfhb=blank correction value for mass of mercury detected in front-
          half field reagent blank, g.
Hgfhb=blank correction value for mass of mercury detected in back-
          half field reagent blanks, g.

    Note: If the total of the measured blank values 
(Hgfhb+Hgbhb) is in the range of 0 to 6 g, then the 
total may be used to correct the emission sample value 
(Hgfh+Hgbh); if it exceeds 6 g, the greater of the 
following two values may be used; 6 g or 5 percent of the 
emission sample value (Hgfh+Hgbh).

[[Page 594]]

    3.1.8.6  Metal Concentration of Stack Gas. Calculate each metal 
separately for the cadmium, total chromium, arsenic, nickel, manganese, 
beryllium, copper, lead, phosphorus, thallium, silver, barium, zinc, 
selenium, antimony, and mercury concentrations in the stack gas (dry 
basis, adjusted to standard conditions) as follows:

Cs=K4(Mt/Vm(std))        Eq. 9

where:
Cs=concentration of each metal in the stack gas, mg/dscm.
K4=10-3mg/g.
Mt=total mass of each metal collected in the sampling train, 
          g; (substitute Hgt for Mt for the mercury 
          calculation).
Vm(std)=volume of gas sample as measured by the dry gas meter, 
          corrected to dry standard conditions, dscm.
    3.1.8.7  Isokinetic Variation and Acceptable Results. Same as method 
5, sections 6.11 and 6.12, respectively.

                           3.1.9  Bibliography

    3.1.9.1   Method 303F in Standard Methods for the Examination of 
Water and Wastewater, 15th Edition, 1980. Available from the American 
Public Health Association. 1015 18th Street NW., Washington, DC 20036.
    3.1.9.2  EPA Methods 6010, 7000, 7041, 7060, 7131, 7421. 7470, 7740. 
and 7841. Test Methods for Evaluating Solid Waste: Physical/Chemical 
Methods SW-846, Third Edition. September 1988. Office of Solid Waste and 
Emergency Response, U.S. Environmental Protection Agency, Washington, DC 
20460.
    3.1.9.3  EPA Method 200.7, Code of Federal Regulations, title 40, 
part 136, appendix C. July 1, 1987.
    3.1.9.4  EPA Methods 1 through 5, and 12 Code of Federal 
Regulations, title 40, part 60, appendix A, July 1, 1987.

  3.2  Determination of Hexavalent Chromium Emissions from Stationary 
                       Sources (Method Cr+6)

                   3.2.1  Applicability and Principle

    3.2.1.1  Applicability. This method applies to the determination of 
hexavalent chromium (Cr+6) emissions from hazardous waste 
incinerators. municipal waste combustors, sewage sludge incinerators, 
and boilers and industrial furnaces. With the approval of the 
Administrator, this method may also be used to measure total chromium. 
The sampling train, constructed of Teflon components, has only been 
evaluated at temperatures less than 300  deg.F. Trains constructed of 
other materials, for testing at higher temperatures, are currently being 
evaluated.
    3.2.1.2  Principle. For incinerators and combustors, the Cr+6 
emissions are collected isokinetically from the source. To eliminate the 
possibility of Cr+6 reduction between the nozzle and impinger, the 
emission samples are collected with a recirculatory train where the 
impinger reagent is continuously recirculated to the nozzle. Recovery 
procedures include a post- sampling purge and filtration. The impinger 
train samples are analyzed for Cr+6 by an ion chromatograph 
equipped with a post-column reactor and a visible wavelength detector. 
The IC/PCR separates the Cr+6 as chromate (CrO+6-) from other 
components in the sample matrices that may interfere with the Cr+6-
specific diphenylcarbazide reaction that occurs in the post-column 
reactor. To increase sensitivity for trace levels of chromium, a 
preconcentration system is also used in conjunction with the IC/PCR.

         3.2.2  Range, Sensitivity, Precision, and Interference

    3.2.2.1  Range. Employing a preconcentration procedure, the lower 
limit of the detection range can be extended to 16 nanograms per dry 
standard cubic meter (ng/dscm) with a 3 dscm gas sample (0.1 ppb in 
solution). With sample dilution, there is no upper limit.
    3.2.2.2  Sensitivity. A minimum detection limit of 8 ng/dscm with a 
3 dscm gas sample can be achieved by preconcentration (0.05 ppb in 
solution).
    3.2.2.3  Precision. The precision of the IC/PCR with sample 
preconcentration is 5 to 10 percent. The overall precision for sewage 
sludge incinerators emitting 120 ng/dscm of Cr+6 and 3.5 
g/dscm of total chromium is 25% and 9% for Cr+6 and total 
chromium, respectively; for hazardous waste incinerators emitting 300 
ng/dscm of Cr+6 it is 20 percent.
    3.2.2.4  Interference. Components in the sample matrix may cause 
Cr+6 to convert to trivalent chromium (Cr+3) or cause 
Cr+3  to convert to Cr+6  A post-sampling nitrogen purge and 
sample filtration are included to eliminate many of these interferences. 
The chromatographic separation of Cr+6 using ion chromatography 
reduces the potential for other metals to interfere with the post-column 
reaction. For the IC/PCR analysis, only compounds that coelute with 
Cr+6 and affect the diphenylcarbazide reaction will cause 
interference. Periodic analysis of deionized (DI) water blanks is used 
to demonstrate that the analytical system is essentially free from 
contamination. Sample cross-contamination that can occur when high-level 
and low-level samples or standards are analyzed alternately is 
eliminated by thorough purging of the sample loop. Purging can easily be 
achieved by increasing the injection volume of the samples to ten times 
the size of the sample loop.

                            3.2.3  Apparatus

    3.2.3.1  Sampling Train. Schematics of the recirculating sampling 
trains employed in

[[Page 595]]

this method are shown in Figures 3.2-1 and 3.2-2. The recirculatory 
train is readily assembled from commercially available components. All 
portions of the train in contact with the sample are either glass, 
quartz, Tygon, or Teflon, and are to be cleaned as per subsection 
3.2.5.1.1.
    The metering system is identical to that specified by Method 5 (see 
section 3.8.1); the sampling train consists of the following components:

[[Page 596]]

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[[Page 597]]

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[[Page 598]]

    3.2.3.1.1  Probe Nozzle. Glass or Teflon with a sharp, tapered 
leading edge. The angle of taper shall be <30 deg. and the taper shall 
be on the outside to preserve a constant internal diameter. The probe 
nozzle shall be of the button-hook or elbow design, unless otherwise 
specified by the Administrator.
    A range of nozzle sizes suitable for isokinetic sampling should be 
available, e.g., 0.32 to 1.27 cm (\1/8\ to \1/2\ in) (or larger if 
higher volume sample trains are used) inside diameter (ID) nozzles in 
increments of 0.16 cm (\1/16\ in). Each nozzle shall be calibrated 
according to the procedures outlined in section 3.2.6.
    3.2.3.1.2  Teflon Aspirator or Pump/Sprayer Assembly. Teflon 
aspirator capable of recirculating absorbing reagent at 50 ml/min while 
operating at 0.75 cfm. Alternatively, a pump/sprayer assembly may be 
used instead of the Teflon aspirator. A Teflon union-T is connected 
behind the nozzle to provide the absorbing reagent/sample gas mix; a 
peristaltic pump is used to recirculate the absorbing reagent at a flow 
rate of at least 50 ml/min. Teflon fittings, Teflon ferrules, and Teflon 
nuts are used to connect a glass or Teflon nozzle, recirculating line, 
and sample line to the Teflon aspirator or union-T. Tygon, C-flex** or 
other suitable inert tubing for use with peristaltic pump.
---------------------------------------------------------------------------

    \*\Note: Mention of trade names or specific product does not 
constitute endorsement by the Environmental Protection Agency.
---------------------------------------------------------------------------

    3.2.3.1.3  Teflon Sample Line. Teflon, \3/8\'' outside diameter (OD) 
and \1/4\'' inside diameter (ID), or \1/2\'' OD x \3/8\'' ID, of 
suitable length to connect aspirator (or T-union) to first Teflon 
impinger.
    3.2.3.1.4  Teflon Recirculation Line. Teflon, \1/4\'' O.D. and \1/
8\'' I.D., of suitable length to connect first impinger to aspirator (or 
T-union).
    3.2.3.1.5  Teflon Impingers. Four Teflon Impingers; Teflon tubes and 
fittings, such as made by Savillex** can be used to construct impingers 
2'' diameter by 12'' long, with vacuum-tight \3/8\'' O.D. Teflon 
compression fittings. Alternatively, standard glass impingers that have 
been Teflon-lined, with Teflon stems and U-tubes, may be used. Inlet 
fittings on impinger top to be bored through to accept \3/8\'' O.D. 
tubing as impinger stem. The second and third \3/8\'' OD Teflon stem has 
a \1/4\'' OD Teflon tube, 2'' long. inserted at its end to duplicate the 
effects of the Greenburg-Smith impinger stem. The first impinger stem 
should extend 2'' from impinger bottom, high enough in the impinger 
reagent to prevent air from entering recirculating line; the second and 
third impinger stems should extend to \1/2\'' from impinger bottom. The 
first impinger should include a \1/4\'' O.D. Teflon compression fitting 
for recirculation line. The fourth impinger serves as a knockout 
impinger.
    3.2.3.1.6  Glass Impinger. Silica gel impinger. Vacuum-tight 
impingers, capable of containing 400 g of silica gel, with compatible 
fittings. The silica gel impinger will have a modified stem (\1/2\'' ID 
at tip of stem).
    3.2.3.1.7  Thermometer, (identical to that specified by Method 5) at 
the outlet of the silica gel impinger, to monitor the exit temperature 
of the gas.
    3.2.3.1.8  Metering System, Barometer, and Gas Density 
Determinations Equipment. Same as method 5, sections 2.1.8 through 
2.1.10, respectively.
    3.2.3.2  Sample Recovery. Clean all items for sample handling or 
storage with 10% nitric acid solution by soaking, where possible, and 
rinse thoroughly with DI water before use.
    3.2.3.2.1  Nitrogen Purge Line. Inert tubing and fittings capable of 
delivering 0 to 1 scf/min (continuously adjustable) of nitrogen gas to 
the impinger train from a standard gas cylinder (see Figure 3.2.3). 
Standard \3/8\-inch Teflon tubing and compression fittings in 
conjunction with an adjustable pressure regulator and needle valve may 
be used.

[[Page 599]]

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[[Page 600]]

    3.2.3.2.2  Wash bottles. Two polyethylene wash bottles, for DI water 
and nitric rinse solution.
    3.2.3.2.3  Sample Storage Containers. Polyethylene, with leak-free 
screw cap, 500-ml or 1000-ml.
    3.2.3.2.4  1000-ml Graduated Cylinder.
    3.2.3.2.5  Plastic Storage Containers. Air tight containers to store 
silica gel.
    3.2.3.2.6  Funnel and Rubber Policeman. To aid in transfer of silica 
gel from impinger to storage container; not necessary if silica gel is 
weighed directly in the impinger.
    3.2.3.2.7  Balance.
    3.2.3.3  Sample Preparation for Analysis. Sample preparation prior 
to analysis includes purging the sample train immediately following the 
sample run. and filtering the recovered sample to remove particulate 
matter immediately following recovery.
    3.2.3.3.1  Beakers, Funnels, Volumetric Flasks, Volumetric Pipets, 
and Graduated Cylinders. Assorted sizes, Teflon or glass, for 
preparation of samples, sample dilution, and preparation of calibration 
standards. Prepare initially following procedure described in section 
3.2.5.1.3 and rinse between use with 0.1 N HNO3 and DI water.
    3.2.3.3.2  Filtration Apparatus. Teflon, or equivalent, for 
filtering samples, and Teflon filter holder. Teflon impinger components 
have been found to be satisfactory as a sample reservoir for pressure 
filtration using nitrogen.
    3.2.3.4  Analysis.
    3.2.3.4.1  IC/PCR System. High performance liquid chromatograph 
pump, sample injection valve, post-column reagent delivery and mixing 
system, and a visible detector, capable of operating at 520 nm, all with 
a non-metallic (or inert) flow path. An electronic recording integrator 
operating in the peak area mode is recommended, but other recording 
devices and integration techniques are acceptable provided the 
repeatability criteria and the linearity criteria for the calibration 
curve described in section 3.2.5.5 can be satisfied. A sample loading 
system will be required if preconcentration is employed.
    3.2.3.4.2  Analytical Column. A high performance ion chromatograph 
(HPIC) non-metallic column with anion separation characteristics and a 
high loading capacity designed for separation of metal chelating 
compounds to prevent metal interference. Resolution described in section 
3.2.5.4 must be obtained. A non-metallic guard column with the same ion-
exchange material is recommended.
    3.2.3.4.3  Preconcentration Column. An HPIC non-metallic column with 
acceptable anion retention characteristics and sample loading rates as 
described in section 3.2.5.5.
    3.2.3.4.4  0.45 um filter cartridge. For the removal of insoluble 
material. To be used just prior to sample injection/analysis.

                             3.2.4  Reagents

    All reagents should, at a minimum, conform to the specifications 
established by the Committee on Analytical Reagents of the American 
Chemical Society, where such specifications are available. All prepared 
reagents should be checked by IC/PCR analysis for Cr+6 to ensure 
that contamination is below the analytical detection limit for direct 
injection or, if selected, precon- centration. If total chromium is also 
to be determined, the reagents should also be checked by the analytical 
technique selected to ensure that contamination is below the analytical 
detection limit.
    3.2.4.1  Sampling.
    3.2.4.1.1  Water. Deionized water. It is recommended that water 
blanks be checked prior to preparing sampling reagents to ensure that 
the Cr+6 content is less than the analytical detection limit.
    3.2.4.1.2  Potassium Hydroxide, 0.1 N. Add 5.6 gm of KOH(s) to 
approximately 900 ml of DI water and let dissolve. Dilute to 1000 ml 
with DI water.

    Note: At sources with high concentrations of acids and/or SO2, 
the concentration of KOH should be increased to 0.5 N to ensure that the 
pH of the solution is above 8.5 after sampling.

    3.2.4.1.3  Silica Gel and Crushed Ice. Same as Method 5, sections 
3.1.2 and 3.1.4, respectively.
    3.2.4.2  Sample Recovery. The reagents used in sample recovery are 
as follows:
    3.2.4.2.1  Water. Same as subsection 3.2.4.1.1.
    3.2.4.2.2  Nitric Acid, 0.1 N. Add 6.3 ml of concentrated HNO3 
(70 percent) to a graduated cylinder containing approximately 900 ml of 
DI water. Dilute to 1000 ml with DI water, and mix well.
    3.2.4.2.3  pH Indicator Strip. pH indicator capable of determining 
pH of solution between the pH range of 7 and 12, at 0.5 pH intervals.
    3.2.4.3  Sample Preparation
    3.2.4.3.1  Water. Same as subsection 3.2.4.1.1.
    3.2.4.3.2  Nitric Acid, 0.1 N. Same as subsection 3.2.4.2.2.
    3.2.4.3.3  Filters. Acetate membrane, or equivalent, filters with 
0.45 micrometer or smaller pore size to remove insoluble material.
    3.2.4.4  Analysis.
    3.2.4.4.1  Chromatographic Eluent. The eluent used in the analytical 
system is ammonium sulfate based. It is prepared by adding 6.5 ml of 29 
percent ammonium hydroxide (NH4OH) and 33 grams of ammonium sulfate 
((NH4)2SO4) to 500 ml of DI water. The mixture should 
then be diluted to 1 liter with DI water and mixed well. Other 
combinations of eluents and/or columns may be employed

[[Page 601]]

provided peak resolution, as described in section 3.2.5.4, repeatability 
and linearity, as described in section 3.2.6.2, and analytical 
sensitivity are acceptable.
    3.2.4.4.2  Post-Column Reagent. An effective post-column reagent for 
use with the chromatographic eluent described in section 3.2.4.4.1 is a 
diphenylcarbazide (DPC) based system. Dissolve 0.5 g of 1.5-
diphenylcarbazide (DPC) in 100 ml of ACS grade methanol. Add to 500 ml 
of degassed DI water containing 50 ml of 96 percent spectrophotometric 
grade sulfuric acid. Dilute to 1 liter with degassed DI water.
    3.2.4.4.3  Cr+6 Calibration Standard. Prepare Cr+6 
standards from potassium dichromate (K2Cr2O7, FW 294.19). 
To prepare a 1000 g/ml Cr+6 stock solution, dissolve 2.829 
g of dry K2Cr2O7 in 1 liter of DI water. To prepare 
working standards, dilute the stock solution to the chosen standard 
concentrations for instrument calibration with 0.05 N KOH to achieve a 
matrix similar to the actual field samples.
    3.2.4.4.4  Performance Audit Sample. A performance audit sample 
shall be obtained from the Quality Assurance Division of EPA and 
analyzed with the field samples. The mailing address to request audit 
samples is: U.S. Environmental Protection Agency, Atmospheric Research 
and Exposure Assessment Laboratory, Quality Assurance Division, Source 
Branch. Mail Drop 77-A, Research Triangle Park, North Carolina 27711.
    The audit sample should be prepared in a suitable sample matrix at a 
concentration similar to the actual field samples.

                            3.2.5  Procedure

 Safety First--Wear Safety Glasses at All Times During This Test Method

    3.2.5.1  Sampling. The complexity of this method is such that to 
obtain reliable results, testers should be trained and experienced with 
test procedures.
    3.2.5.1.1  Pretest Preparation. All components shall be maintained 
and calibrated according to the procedures described in APTD-0576, 
unless otherwise specified herein.
    Rinse all sample train components from the glass nozzle up to the 
silica gel impinger and sample containers with hot tap water followed by 
washing with hot soapy water. Next, rinse the train components and 
sample containers three times with tap water followed by three rinses 
with DI water. All the components and containers should then be soaked 
overnight, or a minimum of 4 hours, in a 10 percent (v/v) nitric acid 
solution, then rinsed three times with DI water. Allow the components to 
air dry prior to covering all openings with Parafilm, or equivalent.
    3.2.5.1.2  Preliminary Determinations. Same as method 5, section 
4.1.2.
    3.2.5.1.3  Preparation of Sampling Train. Measure 300 ml of 0.1 N 
KOH into a graduated cylinder (or tare-weighed precleaned polyethylene 
container). Place approximately 150 ml of the 0.1 N KOH reagent in the 
first Teflon impinger. Split the rest of the 0.1 N KOH between the 
second and third Teflon impingers. The next Teflon impinger is left dry. 
Place a preweighed 200- to 400-g portion of indicating silica gel in the 
final glass impinger. (For sampling periods in excess of two hours, or 
for high moisture sites. 400-g of silica gel is recommended.)
    Retain reagent blanks of the 0.1 N KOH equal to the volumes used 
with the field samples.
    3.2.5.1.4  Leak-Check Procedures. Follow the leak-check procedures 
given in Method 5, section 4.1.4.1 (Pretest Leak-Check), Section 4.1.4.2 
(Leak-Checks During the Sample Run), and Section 4.1.4.3 (Post-Test 
Leak-Checks).
    3.2.5.1.5  Sampling Train Operation. Follow the procedures given in 
method 5, section 4.1.5. The sampling train should be iced down with 
water and ice to ensure heat transfer with the Teflon impingers.

    Note: If the gas to be sampled is above 200  deg.F, it may be 
necessary to wrap three or four feet of the Teflon sample and 
recirculating lines inside the ice bath to keep the recirculated reagent 
cool enough so it does not turn to steam.
    For each run, record the data required on a data sheet such as the 
one shown in Figure 5.2 of method 5.
    At the end of the sampling run, determine the pH of the reagent in 
the first impinger using a pH indicator strip. The pH of the solution 
shall be greater than 8.5.
    3.2.5.1.6  Calculation of Percent Isokinetic. Same as method 5, 
section 4.1.6.
    3.2.5.2  Post-Test Nitrogen Purge. The nitrogen purge is used as a 
safeguard against the conversion of hexavalent chromium to the trivalent 
oxidation state. The purge is effective in the removal of SO2 from 
the impinger contents.
    Attach the nitrogen purge line to the input of the impinger train. 
Check to ensure the output of the impinger train is open, and that the 
recirculating line is capped off. Open the nitrogen gas flow slowly and 
adjust the delivery rate to 10 L/min. Check the recirculating line to 
ensure that the pressure is not forcing the impinger reagent out through 
this line. Continue the purge under these conditions for one-half hour, 
periodically checking the flow rate.
    3.2.5.3  Sample Recovery. Begin cleanup procedures as soon as the 
train assembly has been purged at the end of the sampling run. The probe 
assembly may be disconnected from the sample train prior to sample 
purging.
    The probe assembly should be allowed to cool prior to sample 
recovery. Disconnect

[[Page 602]]

the umbilical cord from the sample train. When the probe assembly can be 
safely handled, wipe off all external particulate matter near the tip of 
the nozzle, and cap the nozzle prior to transporting the sample train to 
a cleanup area that is clean and protected from the wind and other 
potential causes of contamination or loss of sample. Inspect the train 
before and during disassembly and note any abnormal conditions.
    3.2.5.3.1  Container No. 1 (Impingers 1 through 3). Disconnect the 
first impinger from the second impinger and disconnect the recirculation 
line from the aspirator or peristaltic pump. Drain the Teflon impingers 
into a precleaned graduated cylinder or tare-weighed precleaned 
polyethylene sample container and measure the volume of the liquid to 
within 1 ml or 1 g. Record the volume of liquid present as this 
information is required to calculate the moisture content of the flue 
gas sample. If necessary, transfer the sample from the graduated 
cylinder to a precleaned polyethylene sample container. With DI water, 
rinse four times the insides of the glass nozzle, the aspirator, the 
sample and recirculation lines, the impingers, and the connecting 
tubing, and combine the rinses with the impinger solution in the sample 
container.
    3.2.5.3.2  Container No. 2 (HNO3 rinse optional for total 
chromium). With 0.1 N HNO3, rinse three times the entire train 
assembly, from the nozzle to the fourth impinger and combine the rinses 
into a separate precleaned polyethylene sample container for possible 
total chromium analysis. Repeat the rinse procedure a final time with DI 
water, and discard the water rinses. Mark the height of the fluid level 
on the container or, alternatively if a balance is available, weigh the 
container and record the weight to permit determination of any leakage 
during transport. Label the container clearly to identify its contents.
    3.2.5.3.3  Container No. 3 (Silica Gel). Note the color of the 
indicating silica gel to determine if it has been completely spent. 
Quantitatively transfer the silica gel from its impinger to the original 
container, and seal the container. A funnel and a rubber policeman may 
be used to aid in the transfer. The small amount of particulate that may 
adhere to the impinger wall need not be removed. Do not use water or 
other liquids to transfer the silica gel. Alternatively, if a balance is 
available in the field, record the weight of the spent silica gel (or 
the silica gel plus impinger) to the nearest 0.5 g.
    3.2.5.3.4  Container No. 4 (0.1 N KOH Blank). Once during each field 
test, place a volume of reagent equal to the volume placed in the sample 
train into a precleaned polyethylene sample container, and seal the 
container. Mark the height of the fluid level on the container or, 
alternatively if a balance is available, weigh the container and record 
the weight to permit determination of any leakage during transport. 
Label the container clearly to identify its contents.
    3.2.5.3.5  Container No. 5 (DI Water Blank). Once during each field 
test, place a volume of DI water equal to the volume employed to rinse 
the sample train into a precleaned polyethylene sample container, and 
seal the container. Mark the height of the fluid level on the container 
or, alternatively if a balance is available, weigh the container and 
record the weight to permit determination of any leakage during 
transport. Label the container clearly to identify its contents.
    3.2.5.3.6  Container No. 6 (0.1 N HNO3 Blank). Once during each 
field test if total chromium is to be determined, place a volume of 0.1 
N HNO3 reagent equal to the volume employed to rinse the sample 
train into a pre-cleaned polyethylene sample container, and seal the 
container. Mark the height of the fluid level on the container or, 
alternatively if a balance is available, weigh the container and record 
the weight to permit determination of any leakage during transport. 
Label the container clearly to identify its contents.
    3.2.5.4  Sample Preparation. For determination of Cr+6, the 
sample should be filtered immediately following recovery to remove any 
insoluble matter. Nitrogen gas may be used as a pressure assist to the 
filtration process (see Figure Cr+6-4).
    Filter the entire impinger sample through a 0.45-micrometer acetate 
filter (or equivalent), and collect the filtrate in a 1000-ml graduated 
cylinder. Rinse the sample container with DI water three separate times, 
pass these rinses through the filter, and add the rinses to the sample 
filtrate. Rinse the Teflon reservoir with DI water three separate times, 
pass these rinses through the filter, and add the rinses to the sample. 
Determine the final volume of the filtrate and rinses and return them to 
the rinsed polyethylene sample container. Label the container clearly to 
identify its contents. Rinse the Teflon reservoir once with 0.1 N 
HNO3 and once with DI water and discard these rinses.
    If total chromium is to be determined, quantitatively recover the 
filter and residue and place them in a vial. (The acetate filter may be 
digested with 5 ml of 70 percent nitric acid; this digestion solution 
may then be diluted with DI water for total chromium analysis.)

[[Page 603]]

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[[Page 604]]

    Note: If the source has a large amount of particulate in the 
effluent stream, testing teams may wish to filter the sample twice, once 
through a 2 to 5-micrometer filter, and then through the 0.45-micrometer 
filter.
    3.2.5 4.1  Container 2 (HNO3 rinse, optional for total 
chromium). This sample shall be analyzed in accordance with the selected 
procedure for total chromium analysis. At a minimum, the sample should 
be subjected to a digestion procedure sufficient to solubilize all 
chromium present.
    3.2.5.4.2  Container 3 (Silica Gel). Weigh the spent silica gel to 
the nearest 0.5 g using a balance. (This step may be conducted in the 
field.)
    3.2.5.5  Sample analysis. The Cr+6 content of the sample 
filtrate is determined by ion chromatography coupled with a post-column 
reactor (IC/PCR). To increase sensitivity for trace levels of chromium, 
a preconcentration system is also used in conjunction with the IC/PCR.
    Prior to preconcentration and/or analysis, all field samples will be 
filtered through a 0.45- filter. This filtration should be 
conducted just prior to sample injection/analysis.
    The preconcentration is accomplished by selectively retaining the 
analyte on a solid absorbent (as described in 3.2.3.4.3), followed by 
removal of the analyte from the absorbent. The sample is injected into a 
sample loop of the desired size (repeated loadings or larger size loop 
for greater sensitivity) and the Cr+6 is collected on the resin bed 
of the column. When the injection valve is switched. the eluent 
displaces the concentrated Cr+6 sample moving it off the 
preconcentration column and onto the IC anion separation column. After 
separation from other sample components, Cr+6 forms a specific 
complex in the post-column reactor with a diphenylcarbazide reaction 
solution, and the complex is then detected by visible absorbance at a 
wavelength of 520 nm. The amount of absorbance measured is proportional 
to the concentration of the Cr+6 complex formed. The IC retention 
time and absorbance of the Cr+6 complex is compared with known 
Cr+6 standards analyzed under identical conditions to provide both 
qualitative and quantitative analyses.
    Prior to sample analysis, establish a stable baseline with the 
detector set at the required attenuation by setting the eluent flowrate 
at approximately 1 ml/min and post-column reagent flowrate at 
approximately 0.5 ml/min.

    Note: As long as the ratio of eluent flowrate to PCR flowrate 
remains constant, the standard curve should remain linear. Inject a 
sample of DI water to ensure that no Cr+6 appears in the water 
blank.
    First, inject the calibration standards prepared, as described in 
section 3.2.4.4.4, to cover the appropriate concentration range, 
starting with the lowest standard first. Next. inject, in duplicate, the 
performance audit sample, followed by the 0.1 N KOH field blank and the 
field samples. Finally, repeat the injection of the calibration 
standards to allow for compensation of instrument drift. Measure areas 
or heights of the Cr+6/DPC complex chromatogram peak. The response 
for replicate, consecutive injections of samples must be within 5 
percent of the average response, or the injection should be repeated 
until the 5 percent criterion can be met. Use the average response (peak 
areas or heights) from the duplicate injections of calibration standards 
to generate a linear calibration curve. From the calibration curve, 
determine the concentration of the field samples employing the average 
response from the duplicate injections.
    The results for the analysis of the performance audit sample must be 
within 10 percent of the reference value for the field sample analysis 
to be valid.
    3.2.6  Calibration. Maintain a written log of all calibration 
activities.
    3.2.6.1  Sample Train Calibration. Calibrate the sample train 
components according to the indicated sections of method 5: Probe Nozzle 
(section 5.1); Pitot Tube (section 5.2); Metering System (section 5.3); 
Temperature Gauges (section 5.5); Leak-Check of the Metering System 
(section 5.6); and Barometer (section 5.7).
    3.2.6.2  Calibration Curve for the IC/PCR. Prepare working standards 
from the stock solution described in section 3.2.4.4.4 by dilution with 
a DI water solution to approximate the field sample matrix. Prepare at 
least four standards to cover one order of magnitude that bracket the 
field sample concentrations. Run the standards with the field samples as 
described in section 3.2.5.5. For each standard, determine the peak 
areas (recommended) or the peak heights, calculate the average response 
from the duplicate injections, and plot the average response against the 
Cr+6 concentration in g/L. The individual responses for 
each calibration standard determined before and after field sample 
analysis must be within 5 percent of the average response for the 
analysis to be valid. If the 5 percent criteria is exceeded, excessive 
drift and/or instrument degradation may have occurred, and must be 
corrected before further analyses are performed.
    Employing linear regression, calculate a predicted value for each 
calibration standard with the average response for the duplicate 
injections. Each predicted value must be within 7 percent of the actual 
value for the calibration curve to be considered acceptable. If not 
acceptable, remake and/or rerun the calibration standards. If the 
calibration curve is still unacceptable. reduce the range of the curve.

[[Page 605]]

                           3.2.7  Calculations

    3.2.7.1  Dry Gas Volume. Using the data from the test, calculate 
Vm(std), the dry gas sample volume at standard conditions as 
outlined in Section 6.3 of Method 5.
    3.2.7.2  Volume of Water Vapor and Moisture Content. Using the data 
from the test, calculate Vw(std) and Bws, the volume of water 
vapor and the moisture content of the stack gas, respectively, using 
Equations 5-2 and 5-3 of Method 5.
    3.2.7.3  Stack Gas Velocity. Using the data from the test and 
Equation 2-9 of Method 2, calculate the average stack gas velocity.
    3.2.7.4  Total g Cr+6 per Sample. Calculate as 
described below:
m=(S-B)  x  V1s  x  d
where:
m=Mass of Cr+6 in the sample, g.
S=Concentration of sample, g Cr+6/ml.
B=Concentration of blank, g Cr+6/ml.
V1s=Volume of sample after filtration, ml.
d=Dilution factor (1 if not diluted).

                  3.3  Measurement of HCl and Cl2

  3.3.1  Isokinetic HCl/Cl2 Emission Sampling Train (Method 0050)

    3.3.1.1  Scope and Application.
    3.3.1.1.1  This method describes the collection of hydrogen chloride 
(HCl. CAS Registry Number 7647-01-0) and chlorine (Cl2, CAS 
Registry Number 7782-50-5) in stack gas emission samples from hazardous 
waste incinerators' municipal waste combustors, and boilers and 
industrial furnaces. The collected samples are analyzed using Method 
9057. This method collects the emission sample isokinetically and is 
therefore particularly suited for sampling at sources, such as those 
controlled by wet scrubbers, emitting acid particulate matter (e.g., HCl 
dissolved in water droplets). A midget impinger train sampling method 
designed for sampling sources of HCl/Cl2 emissions not in 
particulate form is presented in method 0051.
    3.3.1.1.2  This method is not acceptable for demonstrating 
compliance with HCl emission standards less than 20 ppm.
    3.3.1.1.3  This method may also be used to collect samples for 
subsequent determination of particulate emissions (by EPA method 5, 
reference 1) following the additional sampling procedures described.
    3.3.1.2  Summary of Method.
    3.3.1.2.1  Gaseous and particulate pollutants are withdrawn from an 
emission source and are collected in an optional cyclone, on a filter, 
and in absorbing solutions. The cyclone collects any liquid droplets and 
is not necessary if the source emissions do not contain liquid droplets. 
The Teflon mat or quartz-fiber filter collects other particulate matter 
including chloride salts. Acidic and alkaline absorbing solutions 
collect gaseous HCl and Cl2, respectively. Following sampling of 
emissions containing liquid droplets, any HCl/Cl2 dissolved in the 
liquid in the cyclone and/or on the filter is vaporized and ultimately 
collected in the impingers by pulling Ascarite IIR conditioned 
ambient air through the sampling train. In the acidified water absorbing 
solution, the HCl gas is solubilized and forms chloride (Cl-) ions. 
The Cl2 gas present in the emissions has a very low solubility in 
acidified water and passes through to the alkaline absorbing solution 
where it undergoes hydrolysis to form a proton (H+), Cl-, and 
hypochlorous acid (HClO). The Cl- ions in the separate solutions 
are measured by ion chromatography (method 9057). If desired, the 
particulate matter recovered from the filter and the probe is analyzed 
following the procedures in EPA Method 5 (reference 1).
    3.3.1.3  Interferences.
    3.3.1.3.1  Volatile materials which produce chloride ions upon 
dissolution during sampling are obvious interferences in the measurement 
of HCl. One interferant for HCl is diatomic chlorine (Cl2) gas 
which disproportionates to HCl and hypochlorous acid (HClO) upon 
dissolution in water. Cl2 gas exhibits a low solubility in water, 
however, and the use of acidic rather than neutral or basic solutions 
for collection of hydrogen chloride gas greatly reduces the dissolution 
of any chlorine present.
    3.3.1.4  Apparatus and Materials.
    3.3.1.4.1  Sampling Train.
    3.3.1.4.1.1  A schematic of the sampling train used in this method 
is shown in Figure 3.3-1. This sampling train configuration is adapted 
from EPA method 5 procedures, and, as such, the majority of the required 
equipment is identical to that used in EPA Method 5 determinations. The 
new components required are a glass nozzle and probe, a Teflon union, a 
quartz-fiber or Teflon mat filter (see section 3.3.1.5.5), a Teflon 
frit, and acidic and alkaline absorbing solutions.
    3.3.1.4.1.2  Construction details for the basic train components are 
provided in section 3.4 of EPA's Quality Assurance Handbook, Volume III 
(reference 2); commercial models of this equipment are also available.

[[Page 606]]

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[[Page 607]]

    Additionally, the following subsections identify allowable train 
configuration modifications.
    3.3.1.4.1.3  Basic operating and maintenance procedures for the 
sampling train are also described in Reference 2. As correct usage is 
important in obtaining valid results, all users should refer to 
Reference 2 and adopt the operating and maintenance procedures outlined 
therein unless otherwise specified. The sampling train consists of the 
components detailed below.
    3.3.1.4.1.3.1  Probe nozzle. Glass with sharp, tapered (30 deg. 
angle) leading edge. The taper shall be on the outside to preserve a 
constant I.D. The nozzle shall be buttonhook or elbow design. The nozzle 
should be coupled to the probe liner using a Teflon union. It is 
recommended that a stainless steel nut be used on this union. In cases 
where the stack temperature exceeds 210  deg.C (410  deg.F), a one-piece 
glass nozzle/liner assembly must be used. A range of nozzle sizes 
suitable for isokinetic sampling should be available. Each nozzle shall 
be calibrated according to the procedures outlined in EPA Method 5 (see 
References 1 and 2).
    3.3.1.4.1.3.2  Probe liner. Borosilicate or quartz-glass tubing with 
a heated system capable of maintaining a gas temperature of 120 
 14  deg.C (248  25  deg.F) at the exit end 
during sampling. Because the actual temperature at the outlet of the 
probe is not usually monitored during sampling, probes constructed and 
calibrated according to the procedure in Reference 2 are considered 
acceptable. Either borosilicate or quartz-glass probe liners may be used 
for stack temperatures up to about 480  deg.C (900  deg.F). Quartz 
liners shall be used for temperatures between 480 and 900  deg.C (900 
and 1650  deg.F). (The softening temperature for borosilicate is 820 
deg.C (1508  deg.F), and for quartz is 1500  deg.C (2732  deg.F).) 
Water-cooling of the stainless steel sheath will be necessary at 
temperatures approaching and exceeding 500  deg.C.
    3.3.1.4.1.3.3  Pitot tube. Type S, as described in section 2.1 of 
EPA Method 2 (Reference 1). The pitot tube shall be attached to the 
probe to allow constant monitoring of the stack-gas velocity. The impact 
(high-pressure) opening plane of the pitot tube shall be even with or 
above the nozzle entry plane (see section 3.1.1 of Reference 2) during 
sampling. The Type S pitot tube assembly shall have a known coefficient, 
determined as outlined in section 3.1.1 of Reference 2.
    3.3.1.4.1.3.4  Differential pressure gauge. Inclined manometer or 
equivalent device as described in section 2.2 of EPA method 2 (Reference 
1). One manometer shall be used for velocity-head (delta P) readings and 
the other for orifice differential pressure (delta H) readings.
    3.3.1.4.1.3.5  Cyclone (optional). Glass.
    3.3.1.4.1.3.6  Filter holder. Borosilicate glass, with a Teflon frit 
filter support and a sealing gasket. The sealing gasket shall be 
constructed of Teflon or equivalent materials. The holder design shall 
provide a positive seal against leakage at any point along the filter 
circumference. The holder shall be attached immediately to the outlet of 
the cyclone.
    3.3.1.4.1.3.7  Filter heating system. Any heating system capable of 
maintaining a temperature of 12014  deg.C (24825 
 deg.F) around the filter and cyclone during sampling. A temperature 
gauge capable of measuring temperature to within 3  deg.C (5.4  deg.F) 
shall be installed so that the temperature around the filter holder can 
be regulated and monitored during sampling.
    3.3.1.4.1.3.8  Impinger train. The following system shall be used to 
determine the stack gas moisture content and to collect HCl and 
Cl2: five or six impingers connected in series with leak-free 
ground glass fittings or any similar leak-free non-contaminating 
fittings. The first impinger shown in Figure 1 (knockout or condensate 
impinger) is optional and is recommended as a water knockout trap for 
use under test conditions which require such a trap. If used, this 
impinger should be constructed as described below for the alkaline 
impingers, but with a shortened stem, and should contain 50 ml of 0.1 N 
H2SO4. The following two impingers (acid impingers which each 
contain 100 ml of 0.1 N H2SO4) shall be of the Greenburg-Smith 
design with the standard tip (see method 5, paragraph 2.1.7). The next 
two impingers (alkaline impingers which each contain 100 ml of 0.1 N 
NaOH) and the last impinger (containing silica gel) shall be of the 
Greenburg-Smith design modified by replacing the tip with a 1.3-cm (\1/
2\-in) I.D. glass tube extending about 1.3 cm (\1/2\ in) from the bottom 
of the impinger (see method 5, paragraph 2.1.7). The condensate, acid, 
and alkaline impingers shall contain known quantities of the appropriate 
absorbing reagents. The last impinger shall contain a known weight of 
silica gel or equivalent desiccant.
    3.3.1.4.1.3.9  Metering system. The necessary components are a 
vacuum gauge, leak-free pump, thermometers capable of measuring 
temperature to within 3  deg.C (5.4  deg.F), dry-gas meter capable of 
measuring volume to within 1 percent, an orifice meter, (rate meter), 
and related equipment, as shown in Figure 1. At a minimum, the pump 
should be capable of 4 cfm free flow, and the dry-gas meter should have 
a recording capacity of 0-999.9 cu ft with a resolution of 0.005 cu ft. 
Other metering systems capable of maintaining sampling rates within 10 
percent of isokineticity and of determining sample volumes to within 2 
percent may be used. The metering system should be used in conjunction 
with a pitot tube to enable checks of isokinetic sampling rates.

[[Page 608]]

    3.3.1.4.1.3.10  Barometer. Mercury, aneroid, or other barometer 
capable of measuring atmospheric pressure to within 2.5 mm Hg (0.1 in. 
Hg). In many cases, the barometric reading may be obtained from a nearby 
National Weather Service station, in which case the station value (which 
is the absolute barometric pressure) is requested and an adjustment for 
elevation differences between the weather station and sampling point is 
applied at a rate of minus 2.5 mm Hg (0.1 in. Hg) per 300-m (100 ft) 
elevation increase (vice versa for elevation decrease).
    3.3.1.4.1.3.11  Gas density determination equipment. Temperature 
sensor and pressure gauge (as described in sections 2.3 and 2.4 of EPA 
method 2), and gas analyzer, if necessary (as described in EPA method 3, 
Reference 1). The temperature sensor ideally should be permanently 
attached to the pitot tube or sampling probe in a fixed configuration 
such that the tip of the sensor extends beyond the leading edge of the 
probe sheath and does not touch any metal. Alternatively, the sensor may 
be attached just prior to use in the field. Note, however, that if the 
temperature sensor is attached in the field, the sensor must be placed 
in an interference-free arrangement with respect to the Type S pitot 
tube openings (see EPA method 2, Figure 2-7). As a second alternative, 
if the stack gas is saturated, the stack temperature may be measured at 
a single point near the center of the stack.
    3.3.1.4.1.3.12  Ascarite tube for conditioning ambient air. Tube 
tightly packed with approximately 150 g of fresh 8 to 20 mesh Ascarite 
II sodium hydroxide coated silica, or equivalent, to dry and 
remove acid gases from the ambient air used to remove moisture from the 
filter and optional cyclone. The inlet and outlet ends of the tube 
should be packed with at least 1 cm thickness of glass wood or filter 
material suitable to prevent escape of Ascarite II fines. Fit one end 
with flexible tubing, etc. to allow connection to probe nozzle.
    3.3.1.4.2  Sample Recovery.
    3.3.1.4.2.1  Probe liner. Probe and nozzle brushes; nylon bristle 
brushes with stainless steel wire handles are required. The probe brush 
shall have extensions of stainless steel, Teflon, or inert material at 
least as long as the probe. The brushes shall be properly sized and 
shaped to brush out the probe liner and the probe nozzle.
    3.3.1.4.2.2  Wash bottles. Two. Polyethylene or glass, 500 ml or 
larger.
    3.3.1.4.2.3  Glass sample storage containers. Glass, 500- or 1000-
ml. Screw-cap liners shall be Teflon and constructed so as to be leak-
free. Narrow-mouth glass bottles have been found to exhibit less 
tendency toward leakage.
    3.3.1.4.2.4  Petri dishes. Glass or plastic, sealed around the 
circumference with Teflon tape, for storage and transport of filter 
samples.
    3.3.1.4.2.5  Graduated cylinder and/or balances. To measure 
condensed water to the nearest 1 ml or 1 g. Graduated cylinders shall 
have subdivisions not >2 ml. Laboratory triple-beam balances capable of 
weighing to  0.5 g or better are required.
    3.3.1.4.2.6  Plastic storage containers. Screw-cap polypropylene or 
polyethylene containers to store silica gel.
    3.3.1.4.2.7  Funnel and rubber policeman. To aid in transfer of 
silica gel to container (not necessary if silica gel is weighed in 
field).
    3.3.1.4.2.8  Funnels. Glass, to aid in sample recovery.
    3.3.1.5  Reagents
    3.3.1.5.1  Reagent grade chemicals shall be used in all tests. 
Unless otherwise indicated, it is intended that all reagents shall 
conform to the specifications of the Committee on Analytical Reagents of 
the American Chemical Society, where such specifications are available. 
Other grades may be used, provided it is first ascertained that the 
reagent is of sufficiently higher purity to permit its use without 
lessening the accuracy of the determination.
    3.3.1.5.2  ASTM Type II water (ASTM D1193-77 (1983)). All references 
to water in the method refer to ASTM Type II unless otherwise specified. 
It is advisable to analyze a blank sample of this reagent prior to 
sampling, since the reagent blank values obtained during the field 
sample analysis must be less than 10 percent of the sample values (see 
method 9057).
    3.3.1.5.3  Sulfuric acid (0.1 N), H2SO4. Used as the HCl 
absorbing reagent in the impinger train. To prepare 1 L, slowly add 2.80 
ml of concentrated H2SO4 to about 900 ml of water while 
stirring, and adjust the final volume to 1 L using additional water. 
Shake well to mix the solution. It is advisable to analyze a blank 
sample of this reagent prior to sampling, since the reagent blank values 
obtained during the field sample analysis must be less than 10 percent 
of the sample values (see method 9057).
    3.3.1.5.4  Sodium hydroxide (0.1 N). NaOH. Used as the Cl2 
absorbing reagent in the impinger train. To prepare 1 L, dissolve 4.00 g 
of solid NaOH in about 900 ml of water and adjust the final volume of 1 
L using additional water. Shake well to mix the solution. It is 
advisable to analyze a blank sample of this reagent prior to sampling, 
since the reagent blank values obtained during the field sample analysis 
must be less than 10 percent of the sample values (see Method 9057).
    3.3.1.5.5  Filter. Quartz-fiber or Teflon mat (e.g., 
Pallflex TX40HI45) filter.
    3.3.1.5.6  Silica gel. Indicating type, 6-16 mesh. If previously 
used, dry at 175  deg.C (350  deg.F) for 2 hours before using. New 
silica gel may be used as received. Alternatively, other

[[Page 609]]

types of desiccants (equivalent or better) may be used, subject to the 
approval of the Administrator.
    3.3.1.5.7  Acetone. When using this train for determination of 
particulate emissions, reagent grade acetone, <0.001 percent residue, in 
glass bottles is required. Acetone from metal containers generally has a 
high residue blank and should not be used. Sometimes suppliers transfer 
acetone to glass bottles from metal containers; thus, acetone blanks 
shall be run prior to field use and only acetone with low blank values 
(<0.001 percent) shall be used. In no case shall a blank value greater 
than 0.001 percent of the weight of acetone used be subtracted from the 
sample weight.
    3.3.1.5.8  Crushed ice. Quantities ranging from 10-50 lbs may be 
necessary during a sampling run, depending on ambient air temperature.
    3.3.1.5.9  Stopcock grease. Acetone-insoluble, heat-stable silicone 
grease may be used, if needed. Silicone grease usage is not necessary if 
screw-on connectors or Teflon sleeves on ground-glass joints are used.
    3.3.1.6  Sample Collection, Preservation, and Handling.
    3.3.1.6.1  Sample collection is described in this method. The 
analytical procedures for HCl and Cl2 are described in method 9057 
and for particulate matter in EPA method 5 (Reference 1).
    3.3.1.6.2  Samples should be stored in clearly labeled, tightly 
sealed containers between sample recovery and analysis. They may be 
analyzed up to four weeks after collection.
    3.3.1.7  Procedure.
    3.3.1.7.1  Preparation for Field Test.
    3.3.1.7.1.1  All sampling equipment shall be maintained and 
calibrated according to the procedures described in section 3.4.2 of 
EPA's Quality Assurance Handbook, Volume III (Reference 2).
    3.3.1.7.1.2  Weigh several 200- to 300-g portions of silica gel in 
airtight containers to the nearest 0.5 g. Record on each container the 
total weight of the silica gel plus containers. As an alternative to 
preweighing the silica gel, it may instead be weighed directly in the 
impinger just prior to train assembly.
    3.3.1.7.1.3  Check filters visually against light for irregularities 
and flaws or pinhole leaks. Label the shipping containers (glass or 
plastic Petri dishes) and keep the filters in these containers at all 
times except during sampling (and weighing for particulate analysis).
    3.3.1.7.1.4  If a particulate determination will be conducted, 
desiccate the filters at 205.6 deg.C 
(6810 deg.F) and ambient pressure for at least 24 hours, and 
weigh at intervals of at least 6 hours to a constant weight (i.e., <0.5-
mg change from previous weighing), recording results to the nearest 0.1 
mg. During each weighing, the filter must not be exposed for more than a 
2-min period to the laboratory atmosphere and relative humidity above 50 
percent. Alternatively (unless otherwise specified by the 
Administrator), the filters may be oven-dried at 105 deg.C (220 deg.F) 
for 2-3 hours, desiccated for 2 hours, and weighed.
    3.3.1.7.2  Preliminary Field Determinations.
    3.3.1.7.2.1  Select the sampling site and the minimum number of 
sampling points according to EPA method 1 or as specified by the 
Administrator. Determine the stack pressure, temperature, and range of 
velocity heads using EPA method 2. It is recommended that a leak-check 
of the pitot lines (see EPA method 2, section 3.1) be performed. 
Determine the stack-gas moisture content using EPA method 4 or its 
alternatives to establish estimates of isokinetic sampling rate 
settings. Determine the stack gas dry molecular weight, as described in 
EPA method 2, section 3.6. if integrated EPA method 3 (Reference 1) 
sampling is used for molecular weight determination, the integrated bag 
sample shall be taken simultaneously with, and for the same total length 
of time as the sample run.
    3.3.1.7.2.2  Select a nozzle size based on the range of velocity 
heads so that it is not necessary to change the nozzle size to maintain 
isokinetic sampling rates. During the run, do not change the nozzle. 
Ensure that the proper differential pressure gauge is chosen for the 
range of velocity heads encountered (see section 2.2 of EPA method 2).
    3.3.1.7.2.3  Select a suitable probe liner and probe length so that 
all traverse points can be sampled. For large stacks, to reduce the 
length of the probe, consider sampling from opposite sides of the stack.
    3.3.1.7.2.4  The total sampling time should be two hours. Allocate 
the same time to all traverse points defined by EPA method 1. To avoid 
timekeeping errors, the length of time sampled at each traverse point 
should be an integer or an integer plus one-half min. Size the 
condensate impinger for the expected moisture catch or be prepared to 
empty it during the run.
    3.3.1.7.3  Preparation of Sampling Train.
    3.3.1.7.3.1  Add 50 ml of 0.1 N H2SO4 to the condensate 
impinger, if used. Place 100 ml of 0.1 N H2SO4 in each of the 
next two impingers. Place 100 ml of 0.1 N NaOH in each of the following 
two impingers. Finally, transfer approximately 200-300 g of preweighed 
silica gel from its container to the last impinger. More silica gel may 
be used, but care should be taken to ensure that it is not entrained and 
carried out from the impinger during sampling. Place the silica gel 
container in a clean place for later use in the sample recovery. 
Alternatively, the weight of the silica gel plus impinger may be 
determined to the nearest 0.5 g and recorded.

[[Page 610]]

    3.3.1.7.3.2  Using a tweezer or clean disposable surgical gloves, 
place a labeled (identified) filter (weighed, if particulate matter to 
be determined) in the filter holder. Be sure that the filter is properly 
centered and the gasket properly placed to prevent the sample gas stream 
from circumventing the filter. Check the filter for tears after assembly 
is completed.
    3.3.1.7.3.3  To use glass liners, install the selected nozzle using 
a Viton-A O-ring when stack temperatures are <260 deg.C (500 deg.F) and 
a woven glass-fiber gasket when temperatures are higher. Other 
connecting systems utilizing either 316 stainless steel or Teflon 
ferrules may be used. Mark the probe with heat-resistant tape or by some 
other method to denote the proper distance into the stack or duct for 
each sampling point.
    3.3.1.7.3.4  Set up the train as in Figure 3.3-1. A minimal amount 
of silicone grease may be used on ground glass joints. Connect 
temperature sensors to the appropriate potentiometer/display unit. Check 
all temperature sensors at ambient temperature.
    3.3.1.7.3.5  Place crushed ice around the impingers.
    3.3.1.7.3.6  Turn on and set the filter and probe heating systems at 
the desired operating temperatures. Allow time for the temperatures to 
stabilize.
    3.3.1.7.4  Leak-Check Procedures.
    3.3.1.7.4.1  Pretest leak-check. A pretest leak-check is 
recommended, but not required. If the tester opts to conduct the pretest 
leak-check, the following procedure shall be used.
    3.3.1.7.4.1.1  If a Viton-A O-ring or other leak-free connection is 
used in assembling the probe nozzle to the probe liner, leak-check the 
train at the sampling site by plugging the nozzle and pulling a 380-mm 
Hg (15-in. Hg) vacuum.

    Note: A lower vacuum may be used, provided that it is not exceeded 
during the test.

    3.3.1.7.4.1.2  If a woven glass-fiber gasket is used, do not connect 
the probe to the train during the leak-check. Instead, leak-check the 
train by first plugging the inlet to the cyclone, if used, or the filter 
holder and pulling a 380-mm Hg (15-in. Hg) vacuum (see Note above). 
Then, connect the probe to the train and leak-check at about 25-mm Hg 
(1-in. Hg) vacuum; alternatively, leak-check the probe with the rest of 
the sampling train in one step at 380-mm Hg (15-in. Hg) vacuum. Leakage 
rates in excess of 4 percent of the average sampling rate or 0.00057 
m\3\/min (0.02 cfm), whichever is less, are unacceptable.
    3.3.1.7.4.1.3  The following leak-check instructions for the 
sampling train may be helpful. Start the pump with bypass valve fully 
open and coarse adjust valve completely closed. Partially open the 
coarse adjust valve and slowly close the bypass valve until the desired 
vacuum is reached. Do not reverse direction of the bypass valve; this 
will cause water to back up into the filter holder. If the desired 
volume is exceeded, either leak-check at this higher vacuum or end the 
leak-check, as shown below, and start over.
    3.3.1.7.4.1.4  When the leak-check is completed, first slowly remove 
the plug from the inlet to the probe, cyclone, or filter holder and 
immediately turn off the vacuum pump. This prevents the liquid in the 
impingers from being forced backward into the filter holder and silica 
gel from being entrained backward into the fifth impinger.
    3.3.1.7.4.2  Leak-checks during sample run. If during the sampling 
run, a component (e.g., filter assembly or impinger) change becomes 
necessary or a port change is conducted, a leak-check shall be conducted 
immediately after the interruption of sampling and before the change is 
made. The leak-check shall be conducted according to the procedure 
outlined in Section 3.3.1.7.4.1, except that it shall be conducted at a 
vacuum greater than or equal to the maximum value recorded up to that 
point in the test. If the leakage rate is found to be no greater than 
0.00057 m\3\/min (0.02 cfm) or 4 percent of the average sampling rate 
(whichever is less), the results are acceptable. If a higher leakage 
rate is obtained, the tester shall void the sampling run. Immediately 
after a component change or port change, and before sampling is 
reinitiated, another leak-check similar to a pre-test leak-check is 
recommended.
    3.3.1.7.4.3  Post-test leak-check. A leak-check is mandatory at the 
conclusion of each sampling run. The leak-check shall be done using the 
same procedures as those with the pre-test leak-check, except that it 
shall be conducted at a vacuum greater than or equal to the maximum 
value reached during the sampling run. If the leakage rate is found to 
be no greater than 0.00057 m\3\/min (0.02 cfm) or 4 percent of the 
average sampling rate (whichever is less), the results are acceptable. 
If a higher leakage rate is obtained, the tester shall void the sampling 
run.
    3.3.1.7.5  Train Operation.
    3.3.1.7.5.1  During the sampling run, maintain an isokinetic 
sampling rate to within 10 percent of true isokinetic, unless otherwise 
specified by the Administrator. Maintain a temperature around the filter 
(and cyclone, if used) of 12014 deg.C 
(24825 deg.F).
    3.3.1.7.5.2  For each run, record the data required on a data sheet 
such as the one shown in Figure 3.3-2. Be sure to record the initial dry 
gas meter reading. Record the dry gas meter readings at the beginning 
and end of each sampling time increment, when changes in flow rates are 
made before and after each leak-check, and when sampling is halted. Take 
other readings required by Figure 3.3-2 at least once at each sample 
point during each time increment and additional

[[Page 611]]

readings when significant changes (20 percent variation in velocity head 
readings) necessitate additional adjustments in flow rate. Level and 
zero the manometer. Because the manometer level and zero may drift due 
to vibrations and temperature changes, make periodic checks during the 
traverse.
    3.3.1.7.5.3  Clean the stack access ports prior to the test run to 
eliminate the chance of sampling deposited material. To begin sampling, 
remove the nozzle cap, verify that the filter and probe heating systems 
are at the specified temperature, and verify that the pitot tube and 
probe are positioned properly. Position the nozzle at the first traverse 
point, with the tip pointing directly into the gas stream. Immediately 
start the pump and adjust the flow to isokinetic conditions using a 
calculator or a nomograph. Nomographs are designed for use when the Type 
S pitot tube coefficient is 0.840.02 and the stack gas 
equivalent density (dry molecular weight) is equal to 294. 
If the stack gas molecular weight and the pitot tube coefficient are 
outside the above ranges, do not use the nomographs unless appropriate 
steps are taken to compensate for the deviations (see Reference 3).
    3.3.1.7.5.4  When the stack is under significant negative pressure 
(equivalent to the height of the impinger stem), take care to close the 
coarse adjust valve before inserting the probe into the stack, to 
prevent water from backing into the filter holder. If necessary, the 
pump may be turned on with the coarse adjust valve closed.
    3.3.1.7.5.5  When the probe is in position, block off the openings 
around the probe and stack access port to prevent unrepresentative 
dilution of the gas stream.

[[Page 612]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.024



[[Page 613]]

    3.3.1.7.5.6  Traverse the stack cross section, as required by EPA 
Method 1 or as specified by the Administrator, being careful not to bump 
the probe nozzle into the stack walls when sampling near the walls or 
when removing or inserting the probe through the access port, in order 
to minimize the chance of extracting deposited material.
    3.3.1.7.5.7  During the test run, make periodic adjustments to keep 
the temperature around the filter holder (and cyclone, if used) at the 
proper level. Add more ice, and, if necessary, salt to maintain a 
temperature of <20  deg.C (68  deg.F) at the condenser/silica gel 
outlet. Also, periodically check the level and zero of the manometer.
    3.3.1.7.5.8  If the pressure drop across the filter becomes too 
high, making isokinetic sampling difficult to maintain, it may be 
replaced in the midst of a sample run. Using another complete filter 
holder assembly is recommended, rather than attempting to change the 
filter itself. After a new filter assembly is installed, conduct a leak-
check. If determined, the total particulate weight shall include the 
summation of all filter assembly catches.
    3.3.1.7.5.9  If the condensate impinger becomes too full, it may be 
emptied, recharged with 50 ml of 0.1 N H2SO4, and replaced 
during the sample run. The condensate emptied must be saved and included 
in the measurement of the volume of moisture collected and included in 
the sample for analysis. The additional 50 ml of absorbing reagent must 
also be considered in calculating the moisture. After the impinger is 
reinstalled in the train, conduct a leak-check.
    3.3.1.7.5.10  A single train shall be used for the entire sample 
run, except in cases where simultaneous sampling is required in two or 
more separate ducts or at two or more different locations within the 
same duct, or in cases where equipment failure necessitates a change of 
trains. In all other situations, the use of two or more trains will be 
subject to the approval of the Administrator.
    3.3.1.7.5.11  Note that when two or more trains are used, separate 
analyses of the particulate catch (if applicable) and the HCl and 
Cl2 impinger catches from each train shall be performed, unless 
identical nozzle sizes were used on all trains. In that case, the 
particulate catch and the HCl and Cl2 impinger catches from the 
individual trains may be combined, and a single particulate analysis and 
single HCl and Cl2 analyses of the impinger contents may be 
performed.
    3.3.1.7.5.12  At the end of the sample run, turn off the coarse 
adjust valve, remove the probe and nozzle from the stack, turn off the 
pump, and record the final dry gas meter reading.
    3.3.1.7.5.13  If there is any possibility that liquid has collected 
in the glass cyclone and/or on the filter, connect the Ascarite tube at 
the probe inlet and operate the train with the filter heating system at 
12014  deg.C (24825  deg.F) at a low flow rate 
(e.g., H=1) sufficient to vaporize the liquid and any HCl in the cyclone 
or on the filter and pull it through the train into the impingers. After 
30 minutes, turn off the flow, remove the Ascarite tube, and examine the 
cyclone and filter for any visible moisture. If moisture is visible, 
repeat this step for 15 minutes.
    3.3.1.7.5.14  Conduct a post-test leak check. Also, leak-check the 
pitot lines as described in EPA method 2. The lines must pass this leak-
check in order to validate the velocity-head data.
    3.3.1.7.5.15  If the moisture value is available, calculate percent 
isokineticity (see section 3.3.1.7.7.10) to determine whether the run 
was valid or another test run should be conducted.
    3.3.1.7.6  Sample Recovery.
    3.3.1.7.6.1  Allow the probe to cool. When the probe can be handled 
safely, wipe off all the external surfaces of the tip of the probe 
nozzle and place a cap over the tip. Do not cap the probe tip tightly 
while the sampling train is cooling down because this will create a 
vacuum in the filter holder, drawing water from the impingers into the 
holder.
    3.3.1.7.6.2  Before moving the sampling train to the cleanup site, 
remove the probe, wipe off any silicone grease, and cap the open outlet, 
being careful not to lose any condensate that might be present. Wipe off 
any silicone grease and cap the filter or cyclone inlet. Remove the 
umbilical cord from the last impinger and cap the impinger. If a 
flexible line is used between the first impinger and the filter holder, 
disconnect it at the filter holder and let any condensed water drain 
into the first impinger. Wipe off any silicone grease and cap the filter 
holder outlet and the impinger inlet. Ground glass stoppers, plastic 
caps, serum caps, Teflon tape, Parafilm#, or aluminum foil may be used 
to close these openings.
    3.3.1.7.6.3  Transfer the probe and filter/impinger assembly to the 
cleanup area. This area should be clean and protected from the weather 
to minimize sample contamination or loss.
    3.3.1.7.6.4  Save portions of all washing solutions used for cleanup 
(acetone and Type II water) and the absorbing reagents (0.1 N 
H2SO4 and 0.1 N NaOH) as blanks. Transfer 200 ml of each 
solution directly from the wash bottle being used (rinse solutions) or 
the supply container (absorbing reagents) and place each in a separate, 
prelabeled glass sample container.
    3.3.1.7.6.5  Inspect the train prior to and during disassembly and 
note any abnormal conditions.
    3.3.1.7.6.6  Container No. 1 (filter catch for particulate 
determination). Carefully remove the filter from the filter holder and 
place it in its identified Petri dish container. Use one or more pair of 
tweezers to handle

[[Page 614]]

the filter. If it is necessary to fold the filter, ensure that the 
particulate cake is inside the fold. Carefully transfer to the Petri 
dish any particulate matter or filter fibers that adhere to the filter 
holder gasket, using a dry nylon bristle brush or sharp-edged blade, or 
both. Label the container and seal with Teflon tape around the 
circumference of the lid.
    3.3.1.7.6.7  Container No. 2 (front-half rinse for particulate 
determination). Taking care that dust on the outside of the probe or 
other exterior surfaces does not get into the sample, quantitatively 
recover particulate matter or any condensate from the probe nozzle, 
probe fitting, probe liner, and front half of the filter holder by 
washing these components with acetone into a glass container. Retain an 
acetone blank and analyze with the samples.
    3.3.1.7.6.8  Perform rinses as follows: Carefully remove the probe 
nozzle and clean the inside surface by rinsing with acetone from a wash 
bottle and brushing with a nylon bristle brush. Brush until the rinse 
shows no visible particles; then make a final rinse of the inside 
surface with the acetone. Brush and rinse the inside parts of the 
Swagelok fitting with the acetone in a similar way until no visible 
particles remain.
    3.3.1.7.6.9  Have two people rinse the probe liner with acetone by 
tilting and rotating the probe while squirting acetone into its upper 
end so that all inside surfaces will be wetted with solvent. Let the 
acetone drain from the lower end into the sample container. A glass 
funnel may be used to aid in transferring liquid washed to the 
container.
    3.3.1.7.6.10  Follow the acetone rinse with a probe brush. Hold the 
probe in an inclined position and squirt acetone into the upper end 
while pushing the probe brush through the probe with a twisting action; 
place a sample container underneath the lower end of the probe and catch 
any acetone and particulate matter that is brushed from the probe. Run 
the brush through the probe three or more times until no visible 
particulate matter is carried out with the acetone or until none remains 
in the probe liner on visual inspection. Rinse the brush with acetone 
and quantitatively collect these washings in the sample container. After 
the brushing, make a final acetone rinse of the probe as described 
above. Between sampling runs, keep brushes clean and protected from 
contamination.
    3.3.1.7.6.11  Clean the inside of the front half of the filter 
holder and cyclone by rubbing the surfaces with a nylon bristle brush 
and rinsing with acetone. Rinse each surface three times, or more if 
needed, to remove visible particulate. Make a final rinse of the brush 
and filter holder. Carefully rinse out the glass cyclone and cyclone 
flask (if applicable). Brush and rinse any particulate material adhering 
to the inner surfaces of these components into the front-half rinse 
sample. After all rinses and particulate matter have been collected in 
the sample container, tighten the lid on the sample container so that 
acetone will not leak out when it is shipped to the laboratory. Mark the 
height of the fluid level to determine whether leakage occurs during 
transport. Label the container to identify its contents.
    3.3.1.7.6.12  Container No. 3 (knockout and acid impinger catch for 
moisture and HCl determination). Disconnect the impingers. Measure the 
liquid in the acid and knockout impingers to within 1 ml by 
using a graduated cylinder or by weighing it to within 0.5 g 
by using a balance (if one is available). Record the volume or weight of 
liquid present. This information is required to calculate the moisture 
content of the effluent gas. Quantitatively transfer this liquid to a 
leak-free sample storage container. Rinse these impingers, connecting 
glassware (and tubing, if used); and the back half of the filter holder 
with water and add these rinses to the storage container. Seal the 
container, shake to mix, and label. The fluid level should be marked so 
that if any sample is lost during transport, a correction proportional 
to the lost volume can be applied. Retain rinse water and acidic 
absorbing solution blanks and analyze with the samples.
    3.3.1.7.6.13  Container No. 4 (alkaline impinger catch for Cl2 
and moisture determination). Measure and record the liquid in the 
alkaline impingers as described in section 3.3.1.7.6.12. Quantitatively 
transfer this liquid to a leak-free sample storage container. Rinse 
these two impingers and connecting glassware with water and add these 
rinses to the container. Seal the container, shake to mix, and label; 
mark the fluid level. Retain alkaline absorbing solution blank and 
analyze with the samples.
    3.3.1.7.6.14  Container No. 5 (silica gel for moisture 
determination). Note the color of the indicating silica gel to determine 
if it has been completely spent and make a notation of its condition. 
Transfer the silica gel from the last impinger to its original container 
and seal. A funnel may make it easier to pour the silica gel without 
spilling. A rubber policeman may be used as an aid in removing the 
silica gel from the impinger. It is not necessary to remove the small 
amount of dust particles that may adhere strongly to the impinger wall. 
Because the gain in weight is to be used for moisture calculations, do 
not use any water or other liquids to transfer the silica gel. If a 
balance is available in the field, weigh the container and its contents 
to 0.5 g or better.
    3.3.1.7.6.15  Prior to shipment, recheck all sample containers to 
ensure that the caps are well secured. Seal the lids of all containers 
around the circumference with Teflon tape. Ship all liquid samples 
upright and all particulate filters with the particulate catch facing 
upward.

[[Page 615]]

    3.3.1.7.7  Calculations. Retain at least one extra decimal figure 
beyond those contained in the available data in intermediate 
calculations, and round off only the final answer appropriately.
    3.3.1.7.7.1  Nomenclature.

An=Cross-sectional area of nozzle, m2 (ft2).
Bws=Water vapor in the gas stream, proportion by volume.
Ca=Acetone blank residue concentration, mg/mg.
Cd=Type S pitot tube coefficient (nominally 0.840.02), 
          dimensionless.
Cs=Concentration of particulate matter in stack gas, dry basis, 
          corrected to standard conditions, g/dscm (g/dscf).
I=Percent of isokinetic sampling.
ma=Mass of residue of acetone after evaporation, mg.
Mn=Total amount of particulate matter collected, mg.
Md=Stack-gas dry molecular weight, g/g-mole (lb/lb-mole).
Mw=Molecular weight of water, 18.0 g/g-mole (18.0 lb/lb-mole).
Pbar=Barometric pressure at the sampling site, mm Hg (in. Hg).
Ps=Absolute stack-gas pressure, ms Hg (in. Hg).
Pstd=Standard absolute pressure, 760 mm Hg (29.92 in. Hg).
R=Ideal gas constant, 0.06236 mm Hg-m3 (K-g-mole (21.85 in. Hg-
          ft3/ deg.R-lb-mole).
Tm=Absolute average dry-gas meter temperature (see Figure 2), 
          deg.K ( deg.R).
Ts=Absolute average stack-gas temperature (see Figure 2),  deg.K 
          ( deg.R).
Tstd=Standard absolute temperature, 293  deg.K (528  deg.R).
Vlc=Total volume of liquid collected in the impingers and silica 
          gel, ml.
Vm=Volume of gas sample is measured by dry-gas meter, dscm (dscf).
Vm(std)=Volume of gas sample measured by the dry-gas meter, 
          corrected to standard conditions, dscm (dscf).
Vw(std)=Volume of water vapor in the gas sample, corrected to 
          standard conditions, scm (scf).
Vs=Stack-gas velocity, calculated by Method 2, Equation 2-9, using 
          data obtained from Method 5, m/sec (ft/sec).
Wa=Weight of residue in acetone wash, mg.
Va=Volume of acetone blank, ml.
Vaw=Volume of acetone used in wash; ml.
Y=Dry-gas-meter calibration factor, dimensionless.
H=Average pressure differential across the orifice meter, mm 
          H2O (in H2O).
a=Density of acetone, mg/l (see label on bottle).
w=Density of water, 0.9982 g/ml (0.002201 lb/ml).
=Total sampling time, min.
13.6=Specific gravity of mercury.
60=Sec/min.
100=Conversion to percent.

    3.3.1.7.7.2  Average dry gas meter temperature and average orifice 
pressure drop. See data sheet (Figure 3.3-2).
    3.3.1.7.7.3  Dry gas volume. Correct the sample measured by the dry 
gas meter to standard conditions (20  deg.C, 760 mm Hg [68  deg.F, 29.92 
in. Hg]) by using Equation 1:


                                                                        
                 Tstd  Pbar+H/                                 
               -------       13.6                                       
  Vm(std)=VmY         ------------------                                
                  Tm         Pstd                                       
                                                                        


                                                                        
                                                                        
            Pbar=H/                                            
                  13.6                                                  
  =K1VmY   ------------------                                        (1)
                   Tm                                                   
                                                                        

where:

K1=0.3858 K/mm Hg for metric units, or
K1=17.64  deg.R/in. Hg for English units.
    3.3.1.7.7.4  Volume of water vapor.


                                                                        
             Pw    RTstd                                                
Vw(std)=Vlc --------------  =K2Vlc                                   (2)
             Mw    Pstd                                                 
                                                                        

where:

K2=0.001333 m3/ml for metric units, or
K2=0.04707 m3/ml for English units.
    3.3.1.7.7.5  Moisture content.


                                                                        
          Vw(std)                                                       
Bws= -----------------                                               (3)
      Vm(std)+Vw(std)                                                   
                                                                        


    Note: In saturated or water-droplet-laden gas streams, two 
calculations of the moisture content of the stack gas shall be made, one 
from the impinger analysis (Equation 3) and a second from the assumption 
of saturated conditions. The lower of the two values of Bw shall be 
considered correct. The procedure for determining the moisture content 
based upon assumption of saturated conditions is given in the Note to 
section 1.2 of Method 4. For the purposes of this method, the average 
stack gas temperature from Figure 2 may be used to make this 
determination, provided that the accuracy of the in-stack temperature 
sensor is 1  deg.C (2  deg.F).

    3.3.1.7.7.6  Acetone blank concentration. For particulate 
determination.


                                                                        
          ma                                                            
Ca= --------------                                                   (4)
     Vaa                                                       
                                                                        


    3.3.1.7.7.7  Acetone wash blank. For particulate determination.

Wa=CaVawa                    (5)

    3.3.1.7.7.8  Total particulate weight. Determine the total 
particulate catch from the sum of the weights obtained from Container 
Nos. 1 and 2 less the acetone blank (Wa).

[[Page 616]]

    3.3.1.7.7.9  Particulate concentration.

cs=(0.001 g/mg)(mn/Vm(std))          (6)

    3.3.1.7.7.10  Isokinetic variation.
    3.3.1.7.7.10.1  Calculation from raw data.

                                                                        
      100 Ts[K3F1c+(Vm/Tm)(Pbar+H/                                      
                 13.6)]                                                 
I =  -----------------------------                                   (7)
          60  VsPsAn                                          
                                                                        


where:

K3=0.003454 mm Hg-m\3\/ml-K for metric units, or
K3=0.002669 in. Hg-ft\3\/ml  deg.R for English units.

    3.3.1.7.7.10.2  Calculation for intermediate values.


                                                                        
            TsVm(std)Pstd100                                            
 I= -------------------------------                                     
     TstdVsAnPs60(1-Bws)                                      
                                                                        


                                                                        
                                                                        
            TsVm(std)                                                   
     ----------------------                                             
=K4   PsVsAn (1-                     (8)                      
              Bws)                                                      
                                                                        


where:

K4=4.320 for metric units, or
K4=0.09450 for English units.

    3.3.1.7.7.10.3  Acceptable units. If 90 percentg of HCl per liter of stack gas. The method 
has a negative bias below 20 ppm HCl (Reference 6).
    3.3.1.9.2  It is preferable to include the cyclone in the sampling 
train to protect the filter from any moisture present. There is research 
in progress regarding the necessity of the cyclone at low moisture 
sources and the use of Ascarite II in the drying procedure (Section 
3.3.1.7.5.12).

                               References

1. U.S. Environmental Protection Agency, 40 CFR part 60, appendix A, 
          Methods 1-5.
2. U.S. Environmental Protection Agency, ``Quality Assurance Handbook 
          for Air Pollution Measurement Systems, Volume III, Stationary 
          Source Specific Methods,'' Publication No. EPA-600/4-77-027b, 
          August 1977.
3. Shigehara, R.T., Adjustments in the EPA Nomography for Different 
          Pitot Tube Coefficients and Dry Molecular Weights, Stack 
          Sampling News, 2:4-11 (October 1974).
4. Steinsberger, S.C. and J.H. Margeson, ``Laboratory and Field 
          Evaluation of a Methodology for Determination of Hydrogen 
          Chloride Emissions from Municipal and Hazardous Waste 
          Incinerators,'' U.S. Environmental Protection Agency, Office 
          of Research and Development, Report No. EPA 600/3-89/064, NTIS 
          PB89 220586-AS.
5. State of California, Air Resources Board, method 421, ``Determination 
          of Hydrochloric Acid emissions from Stationary Sources,'' 
          March 18, 1987.
6. Entropy Environmentalists, Inc., ``Laboratory Evaluation of a 
          Sampling and Analysis Method for Hydrogen Chloride Emissions 
          from Stationary Sources: Interim Report,'' EPA Contract No. 
          68-02-4442, Research Triangle Park, North Carolina, January 
          22, 1988.

3.3.2 Midget Impinger HCl/Cl2 Emission Sampling Train (Method 0051)

    3.3.2.1  Scope and Application.
    3.3.2.1.1  This method describes the collection of hydrogen chloride 
(HCl, CAS Registry Number 7647-01-0) and chlorine (Cl2, CAS 
Registry Number 7782-50-5) in stack gas emission samples from hazardous 
waste incinerators, municipal waste combustors, and boilers and 
industrial furnaces. The collected samples are analyzed using method 
9057. This method is designed to collect HCl/Cl2 in their gaseous 
forms. Sources, such as those controlled by wet scrubbers, that emit 
acid particulate matter (e.g., HCl dissolved in water droplets) must be 
sampled using an isokinetic HCl/Cl2 sampling train (see Method 
0050).
    3.3.2.2  Summary of Method.
    3.3.2.2.1  An integrated gas sample is extracted from the stack and 
passes through a particulate filter, acidified water, and finally 
through an alkaline solution. The filter serves to remove particulate 
matter such as chloride salts which could potentially react and form 
analyte in the absorbing solutions. In the acidified water absorbing 
solution, the HCl gas is solubilized and forms chloride ions (Cl-) 
as follows:

HCl+H2O=H3O++Cl-

    The Cl2 gas present in the emissions has a very low solubility 
in acidified water and passes through to the alkaline absorbing solution 
where it undergoes hydrolysis to form a proton (H+), Cl-, and 
hypochlorous acid (HClO) as follows:

H2O+Cl2=H++Cl-+HClO


[[Page 617]]


The Cl- ions in the separate solutions are measured by ion 
          chromatography (Method 9057).
    3.3.2.3  Interferences.
    3.3.2.3.1  Volatile materials which produce chloride ions upon 
dissolution during sampling are obvious interferences in the measurement 
of HCl. One interferant for HCl is diatomic chlorine (Cl2) gas 
which disproportionates to HCl and hypochlorous acid (HClO) upon 
dissolution in water. Cl2 gas exhibits a low solubility in water, 
however, and the use of acidic rather than neutral or basic solutions 
for collection of hydrogen chloride gas greatly reduces the dissolution 
of any chlorine present. Sampling a 400 ppm HCl gas stream containing 50 
ppm Cl2 with this method does not cause a significant bias. 
Sampling a 220 ppm HCl gas stream containing 180 ppm Cl2 results in 
a positive bias of 3.4 percent in the HCl measurement.
    3.3.2.3.2  Reducing agents such as SO2 may cause a positive 
bias in the Cl2 measurement by the following reaction:

HClO+HSO3-=H2SO4+Cl-

    3.3.2.4  Apparatus and Materials.
    3.3.2.4.1  Sampling Train. The sampling train is shown in Figure 1 
and component parts are discussed below.
    3.3.2.4.1.1  Probe. Borosilicate glass, approximately \3/8\-in (9-
mm) inside diameter, with a heating system to prevent condensation. When 
the concentration of alkaline particulate matter in the emissions is 
high, a \3/8\-in (9-mm) inside diameter Teflon elbow should be attached 
to the inlet of the probe; a 1-in (25-mm) length of Teflon tubing with a 
\3/8\-in (9-mm) inside diameter should be attached at the open end of 
the elbow to permit the opening of the probe to be burned away from the 
gas stream, thus reducing the amount of particulate entering the train. 
When high concentrations of particulate matter are not present, the 
Teflon elbow is not necessary, and the probe inlet can be perpendicular 
to the gas stream. When sampling at locations where gas temperatures are 
greater than approximately 400  deg.F, such as wet scrubber inlets, 
glass or quartz elbows must be used. In no case should a glass wool plug 
be used to remove particulate matter; use of such a filtering device 
could result in a bias in the data. (1) Instead, a Teflon filter should 
be used as specified in section 3.3.2.5.5.
    3.3.2.4.1.2  Three-way stopcock. A borosilicate, three-way glass 
stopcock with a heating system to prevent condensation. The heated 
stopcock should connect directly to the outlet of the probe and filter 
assembly and the inlet of the first impinger. The heating system should 
be capable of preventing condensation up to the inlet of the first 
impinger. Silicone grease may be used, if necessary, to prevent leakage.
    3.3.2.4.1.3  Impingers. Five 30-ml midget impingers with leak-free 
glass connectors. Silicone grease may be used, if necessary, to prevent 
leakage. For sampling at high moisture sources or for extended sampling 
times greater than one hour, a midget impinger with a shortened stem 
(such that the gas sample does not bubble through the collected 
condensate) should be used in front of the first impinger.
    3.3.2.4.1.4  Mae West impinger or drying tube. Mae West design 
impinger (or drying tube, if a moisture determination is not to be 
conducted) filled with silica gel, or equivalent, to dry the gas sample 
and to protect the dry gas meter and pump.
    3.3.2.4.1.5  Sample Line. Leak-free, with compatible fittings to 
connect the last impinger to the needle valve.
    3.3.2.4.1.6  Barometer. Mercury, aneroid, or other barometer capable 
of measuring atmospheric pressure within 2.5 mm Hg (0.1 in. Hg). In many 
cases, the barometric reading may be obtained from a nearby National 
Weather Service station, in which case the station value (which is the 
absolute barometric pressure) shall be requested and an adjustment for 
the elevation differences between the weather station and sampling point 
shall be applied at a rate of minus 2.5 mm Hg (0.1 in. Hg) per 30 m (100 
ft) elevation increase or vice versa for elevation decrease.
    3.3.2.4.1.7  Purge pump, purge line, drying tube, needle valve, and 
rate meter. Pump capable of purging sample probe at 2 liters/min, with 
drying tube, filled with silica gel or equivalent, to protect pump, and 
a rate meter, 0 to 5 liters/min.
    3.3.2.4.1.8  Metering system. The following items comprise the 
metering system which is identical to that used for EPA Method 6 (see 
Reference 5).
    3.3.2.4.1.8.1  Valve. Needle valve, to regulate sample gas flow 
rate.
    3.3.2.4.1.8.2  Pump. Leak-free diaphragm pump, or equivalent, to 
pull gas through train. Install a small surge tank between the pump and 
the rate meter to eliminate the pulsation effect of the diaphragm pump 
on the rotameter.
    3.3.2.4.1.8.3  Rate meter. Rotameter, or equivalent, capable of 
measuring flow rate to within 2 percent of selected flow rate of 2 
liters/min.
    3.3.2.4.1.8.4  Volume meter. Dry gas meter, sufficiently accurate to 
measure the sample volume within 2 percent, calibrated at the selected 
flow rate and conditions encountered during sampling, and equipped with 
a temperature gauge (dial thermometer or equivalent) capable of 
measuring temperature to within 3  deg.C (5.4  deg.F).
    3.3.2.4.1.8.5  Vacuum gauge. At least 760 mm Hg (30 in. Hg) gauge to 
be used for leak check of the sampling train.
    3.3.2.4.2  Sample Recovery.

[[Page 618]]

    3.3.2.4.2.1  Wash bottles. Polyethylene or glass, 500 ml or larger, 
two.
    3.3.2.4.2.2  Storage bottles. Glass, with Teflon-lined lids, 100 ml, 
to store impinger samples (two per sampling run).
    3.3.2.5  Reagents.
    3.3.2.5.1  Reagent grade chemicals shall be used in all tests. 
Unless otherwise indicated, it is intended that all reagents shall 
conform to the specifications of the Committee on Analytical Reagents of 
the American Chemical Society, where such specifications are available. 
Other grades may be used, provided it is first ascertained that the 
reagent is of sufficiently high purity to permit its use without 
lessening the accuracy of the determination.
    3.3.2.5.2  ASTM Type II Water (ASTM D1193-77 (1983)). All references 
to water in the method refer to ASTM Type II unless otherwise specified. 
It is advisable to analyze a blank sample of this reagent prior to 
sampling, since the reagent blank value obtained during the field sample 
analysis must be less than 10 percent of the sample values (see method 
9057).
    3.3.2.5.3  Sulfuric acid (0.1 N), H2SO4. Used as the HCl 
absorbing reagent. To prepare 100 ml, slowly add 0.28 ml of concentrated 
H2SO4 to about 90 ml of water while stirring, and adjust the 
final volume to 100 ml using additional water. Shake well to mix the 
solution. It is advisable to analyze a blank sample of this reagent 
prior to sampling, since the reagent blank value obtained during the 
field sample analysis must be less than 10 percent of the sample values 
(see method 9057).
    3.3.2.5.4  Sodium hydroxide (0.1 N), NaOH. Used as the Cl2 
absorbing reagent. To prepare 100 ml, dissolve 0.40 g of solid NaOH in 
about 90 ml of water and adjust the final volume to 100 ml using 
additional water. Shake well to mix the solution. It is advisable to 
analyze a blank sample of this reagent prior to sampling, since the 
reagent blank value obtained during the field sample analysis must be 
less than 10 percent of the sample values (see method 9057).
    3.3.2.5.5  Filter. Teflon mat Pallflex TX40HI75 or 
equivalent. Locate in a glass, quartz, or Teflon filter holder with a 
Teflon filter support in a filter box heated to 250  deg.F.
    3.3.2.5.6  Stopcock grease. Acetone-insoluble, heat-stable silicone 
grease may be used, if necessary.
    3.3.2.5.7  Silica gel. Indicating type, 6- to 16-mesh. If the silica 
gel has been used previously, dry at 175  deg.C (350  deg.F) for 2 
hours. New silica gel may be used as received. Alternatively, other 
types of desiccants (equivalent or better) may be used.
    3.3.2.6  Sample Collection, Preservation, and Handling.
    3.3.2.6.1  Sample collection is described in this method. The 
analytical procedures are described in method 9057.
    3.3.2.6.2  Samples should be stored in clearly labeled, tightly 
sealed containers between sample recovery and analysis. They may be 
analyzed up to four weeks after collection.
    3.3.2.7  Procedure.
    3.3.2.7.1  Calibration. Section 3.5.2 of EPA's Quality Assurance 
Handbook, Volume III (Reference 4) may be used as a guide for these 
operations.
    3.3.2.7.1.1  Dry Gas Metering System.
    3.3.2.7.1.1.1  Initial calibration. Before its initial use in the 
field, first leak check the metering system (sample line, drying tube, 
if used, vacuum gauge, needle valve, pump, rate meter, and dry gas 
meter) as follows: plug the inlet end of the sampling line, pull a 
vacuum of 250 mm (10 in) Hg, plug off the outlet of the dry gas meter, 
and turn off the pump. The vacuum should remain stable for 30 seconds. 
Carefully release the vacuum from the system by slowly removing the plug 
from the sample line inlet. Remove the sampling line (and drying tube, 
if applicable), and connect the dry gas metering system to an 
appropriately sized wet test meter (e.g., 1 liter per revolution). Make 
three independent calibration runs, using at least five revolutions of 
the dry gas meter per run. Calculate the calibration factor, Y (wet test 
meter calibration volume divided by the dry gas meter volume, with both 
volumes adjusted to the same reference temperature and pressure), for 
each run, and average the results. If any Y value deviates by more than 
2 percent from the average, the metering system is unacceptable for use. 
Otherwise, use the average as the calibration factor for subsequent test 
runs.
    3.3.2.7.1.1.2  Post-test calibration check. After each field test 
series, conduct a calibration check as in section 3.3.2.7.1.1.1 above, 
except for the following variations: (a) The leak check is not to be 
conducted, (b) three or more revolutions of the dry gas meter may be 
used, (c) only two independent runs need to be made. If the calibration 
factor does not deviate by more than 5 percent from the initial 
calibration factor (determined in section 3.3.2.7.1.1.1), the dry gas 
meter volumes obtained during the test series are acceptable. If the 
calibration factor deviates by more than 5 percent, recalibrate the 
metering system as section 3.3.2.7.1.1.1, and for the calculations, use 
the calibration factor (initial or recalibration) that yields the lower 
gas volume for each test run.
    3.3.2.7.1.2  Thermometer(s). Prior to each field test, calibrate 
against mercury-in-glass thermometers at ambient temperature. If the 
thermometer being calibrated reads within 2  deg.C (2.6  deg.F) of the 
mercury-in-glass thermometer, it is acceptable. If not, adjust the 
thermometer or use an appropriate correction factor.
    3.3.2.7.1.3  Rate meter. The rate meter need not be calibrated, but 
should be cleaned

[[Page 619]]

and maintained according to the manufacturer's instructions.
    3.3.2.7.1.4  Barometer. Prior to each field test, calibrate against 
a mercury barometer. The field barometer should agree within 0.1 in. Hg 
with the mercury barometer. If it does not, the field barometer should 
be adjusted.
    3.3.2.7.2  Sampling.
    3.3.2.7.2.1  Preparation of collection train. Prepare the sampling 
train as follows: The first or knockout impinger should have a shortened 
stem and be left empty to condense moisture in the gas stream. The next 
two midget impingers should each be filled with 15 ml of 0.1 N 
H2SO4, and the fourth and fifth impingers should each be 
filled with 15 ml of 0.1 N NaOH. Place a fresh charge of silica gel, or 
equivalent, in the Mae West impinger (or the drying tube). Connect the 
impingers in series with the knockout impinger first, followed by the 
two impingers containing the acidified reagent, the two impingers 
containing the alkaline reagent, and the Mae West impinger containing 
the silica gel. If the moisture will be determined, weigh the impinger 
assembly to the nearest 0.5 g and record the weight.
    3.3.2.7.2.2   Leak check procedures. Leak check the probe and three-
way stopcock prior to inserting the probe into the stack. Connect the 
stopcock to the outlet of the probe, and connect the sample line to the 
needle valve. Plug the probe inlet, turn on the sample pump, and pull a 
vacuum of at least 250 mm Hg (10 in. Hg). Turn off the needle valve, and 
note the vacuum gauge reading. The vacuum should remain stable for at 
least 30 seconds. Place the probe in the stack at the sampling location, 
and adjust the filter heating system to 250  deg.F and the probe and 
stopcock heating systems to a temperature sufficient to prevent water 
condensation. Connect the first impinger to the stopcock, and connect 
the sample line to the last impinger and the needle valve. Upon 
completion of a sampling run, remove the probe from the stack and leak 
check as described above. If a leak has occurred, the sampling run must 
be voided. Alternatively, the portion of the train behind the probe may 
be leak checked between multiple runs at the same site as follows: Close 
the stopcock to the first impinger (see Figure 3.3-3A), and turn on the 
sample pump. Pull a vacuum of at least 250 mm Hg (10 in. Hg), turn off 
the needle valve, and note the vacuum gauge reading. The vacuum should 
remain stable for at least 30 seconds. Release the vacuum on the 
impinger train by turning the stopcock to the vent position to permit 
ambient air to enter (see Figure 3.3-3B). If this procedure is used, the 
full train leak check described above must be conducted following the 
final run and all preceding sampling runs voided if a leak has occurred.

[[Page 620]]

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[[Page 621]]

    3.3.2.7.2.3  Purge procedure. Immediately prior to sampling, connect 
the purge line to the stopcock and turn the stopcock to permit the purge 
pump to purge the probe (see Figure 3.3-3A). Turn on the purge pump, and 
adjust the purge rate to 2 liters/min. Purge for at least 5 minutes 
prior to sampling.
    3.3.2.7.2.4  Sample collection. Turn on sample pump, pull a slight 
vacuum of approximately 25 mm Hg (1 in. Hg) on the impinger train, and 
turn the stopcock to permit stack gas to be pulled through the impinger 
train (see Figure 3.3-3C). Adjust the sampling rate to 2 liters/min, as 
indicated by the rate meter, and maintain this rate within 10 percent 
during the entire sampling run. Take readings of the dry gas meter, the 
dry gas meter temperature, rate meter, and vacuum gauge at least once 
every five minutes during the run. A sampling time of one hour is 
recommended. However, if the expected condensate catch for this sampling 
run duration will exceed the capacity of the sampling train, (1) a 
larger knockout impinger may be used or (2) two sequential half-hour 
runs may be conducted. At the conclusion of the sampling run, remove the 
train from the stack, cool, and perform a leak check as described in 
section 3.3.2.7.2.2.
    3.3.2.7.3  Sample recovery. Following sampling, disconnect the 
impinger train from the remaining sampling equipment at the inlet to the 
knockout impinger and the outlet to the last impinger. If performing a 
moisture determination, wipe off any moisture on the outside of the 
train and any excess silicone grease at the inlet and outlet openings; 
weigh the train to the nearest 0.5 g and record this weight. Then 
disconnect the impingers from each other. Quantitatively transfer the 
contents of the first three impingers (the knockout impinger and the two 
0.1 N H2SO4 impingers) to a leak-free storage bottle. Add the 
water rinses of each of these impingers and connecting glassware from 
the second set of impingers (containing the 0.1 N NaOH) should be 
recovered in a similar manner if a Cl2 analysis is desired. The 
sample bottle should be marked so that if any sample is lost during 
transport, a correction proportional to the lost volume can be applied. 
Save portions of the 0.1 N H2SO4 and 0.1 N NaOH used as 
impinger reagents as reagent blanks. Take 50 ml of each and place in 
separate leak-free storage bottles. Label and mark the fluid levels as 
previously described.
    3.3.2.7.4  Calculations. Retain at least one extra decimal figure 
beyond those contained in the available data in intermediate 
calculations, and round off only the final answer appropriately.
    3.3.2.7.4.1  Nomenclature.

Bws=Water vapor in the gas stream, proportion by volume.
Mw=Molecular weight of water, 18.0 g/g-mole (18.0 lb/lb-mole).
Pbar=Barometric pressure at the exit orifice of the dry gas meter, 
          mm Hg (in. Hg).
Pstd=Standard absolute pressure, 760 mm Hg (29.92 in. Hg).
R=Ideal gas constant, 0.06236 mm Hg-m\3\/ deg.K-g-mole (21.85 in. Hg-
          ft\3\/ deg.R-lb-mole).
Tm=Average dry gas meter absolute temperature,  deg.K ( deg.R).
Tstd=Standard absolute temperature, 293  deg.K (528  deg.R).
V1c=Total volume of liquid collected in impingers and silica gel, 
          ml (equivalent to the difference in weight of the impinger 
          train before and after sampling, 1 mg=1 ml).
Vm=Dry gas volume as measured by the dry gas meter, dcm (dcf).
Vm(std)=Dry gas volume measured by the dry gas meter, corrected to 
          standard conditions, dscm (dscf).
Vw(std)=Volume of water vapor in the gas sample, corrected to 
          standard conditions, scm (scf).
Y=Dry gas meter calibration factor.
w=Density of water, 0.9982 g/ml (0.002201 lb/ml).

    3.3.2.7.4.2  Sample volume, dry basis, corrected to standard 
conditions. Calculate as described below:

                                                                        
                             Tstd                       Pbar            
 Vm(std)=VmY    <3-ln [>  ---------  <3-ln ]><3-ln [> --------  <3-ln ]>
                              Tm                        Pstd            
                                                                        


                                                                        
         VmPbar                                                         
 =K1Y  ----------                                                    (1)
           Tm                                                           
                                                                        

where:

K1=0.3858  deg.K/mm Hg for metric units.
K1=17.64  deg.R/in. Hg for English units.

    3.3.2.7.4.3  Volume of water vapor.

                                                                        
                Pw    RTstd                                             
  Vw(std)=Vlc  --------------                                           
                Mw    Pstd                                              
                                                                        


                                                                        
 =K2Vlc                                                              (2)
                                                                        

where:

K2=0.0013333 m3/ml for metric units.
K2=0.04707 ft3/ml for English units.

    3.3.2.7.4.4  Moisture content.

                                                                        
           Vw(std)                                                      
 Bws= -----------------                                              (3)
       Vm(std)+Vw(std)                                                  
                                                                        

    3.3.2.8  Quality Control.
    3.3.2.8.1  At the present time, a validated audit material does not 
exist for this method. Analytical quality control procedures are 
detailed in Method 9057.
    3.3.2.9  Method Performance.

[[Page 622]]

    3.3.2.9.1  The in-stack detection limit for the method is 
approximately 0.08 g of HCl per liter of stack gas for a 1-hour 
sample.
    3.3.2.9.2  The precision and bias for measurement of HCl using this 
sampling protocol combined with the analytical protocol of method 9057 
have been determined. The within laboratory relative standard deviation 
is 6.2 percent and 3.2 percent at HCl concentrations of 3.9 and 15.3 
ppm, respectively. The method does not exhibit any bias for HCl when 
sampling at Cl2 concentrations less than 50 ppm.

                               References

    1. Steinsberger. S.C. and J.H. Margeson, ``Laboratory and Field 
Evaluation of a Methodology for Determination of Hydrogen Chloride 
Emissions from Municipal and Hazardous Waste Incinerators,'' U.S. 
Environmental Protection Agency, Office of Research and Development, 
Report No. EPA 600/3- 89/064, NTIS PB 89 220586-AS.
    2. State of California, Air Resources Board, Method 421, 
``Determination of Hydrochloric Acid Emissions from Stationary 
Sources,'' March 18, 1987.
    3. Entropy Environmentalists, Inc., ``Laboratory Evaluation of a 
Sampling and Analysis Method for Hydrogen Chloride Emissions from 
Stationary Sources: Interim Report,'' EPA Contract No. 68-02-4442, 
Research Triangle Park, North Carolina, January 22, 1988.
    4. U.S. Environmental Protection Agency, ``Quality Assurance 
Handbook for Air Pollution Measurement Systems, volume III, Stationary 
Source Specific Methods,'' Publication No. EPA-600/4-77-027b, August 
1977.
    5. U.S. Environmental Protection Agency, 40 CFR part 60, appendix A, 
method 6.

   3.3.3  Protocol for Analysis of Samples from HCl/Cl2 Emission 
                      Sampling Train (Method 9057)

    3.3.3.1  Scope and Application.
    3.3.3.1.1  This method describes the analytical protocol for 
determination of hydrogen chloride (HCl, CAS Registry Number 7647-01-0) 
and chloride (Cl2, CAS Registry Number 7782-50-5) in stack gas 
emission samples collected from hazardous waste and municipal waste 
incinerators using the midget impinger HCl/Cl2 sampling train 
(method 0051) or the isokinetic HCl/Cl2 sampling train (method 
0050).
    3.3.3.1.2  The lower detection limit is 0.1 g of chloride 
(Cl- ) per ml of sample solution. Samples with concentrations which 
exceed the linear range of the analytical instrumentation may be 
diluted.
    3.3.3.1.3  This method is recommended for use only by analysts 
experienced in the use of ion chromatography and in the interpretation 
of ion chromatograms.
    3.3.3.2  Summary of Method.
    3.3.3.2.1  The stoichiometry of HCl and Cl2 collection in the 
sampling train (see methods 0050 and 0051) is as follows: In the 
acidified water absorbing solution, the HCl gas is solubilized and forms 
chloride ions (Cl-) according to the following formula:

HCl+H2O=H3O++Cl-

The Cl2 gas present in the emissions has a very low solubility in 
acidified water and passes through to the alkaline absorbing solution 
where it undergoes hydrolysis to form a proton (H+), Cl- , and 
hypochlorous acid (HClO) as shown:

H2O+Cl2=H++Cl-+HClO

Non-suppressed or suppressed ion chromatography (IC) is used for 
analysis of the Cl-.
    3.3.3.3  Interferences.
    3.3.3.3.1  Volatile materials which produce chloride ions upon 
dissolution during sampling are obvious interferences in the measurement 
of HCl. One likely interferant is diatomic chlorine (Cl2) gas which 
dispropor-tionates to HCl and hypochlorous acid (HOCl) upon dissolution 
in water. Cl2 gas exhibits a low solubility in water, however, and 
the use of acidic rather than neutral or basic solutions for collection 
of hydrogen chloride gas greatly reduces the dissolution of any chlorine 
present. Sampling a 400 ppm HCl gas stream containing 50 ppm Cl2 
with this method does not cause a significant bias. Sampling a 220 ppm 
HCl gas stream containing 180 ppm Cl2 results in a positive bias of 
3.4 percent in the HCl measurement. Other interferants have not been 
encountered.
    3.3.3.3.2  Reducing agents such as SO2 may cause a positive 
bias in the Cl2 measurement by the following reaction:

HClO+HSO3-=H2SO4+Cl-
    3.3.3.4  Apparatus and Materials.
    3.3.3.4.1  Volumetric Flasks. Class A, various sizes.
    3.3.3.4.2  Volumetric Pipettes. Class A, assortment, to dilute 
samples to calibration range of the IC.
    3.3.3.4.3  Ion Chromatograph. Suppressed or non-suppressed, with a 
conductivity detector and electronic integrator operating in the peak 
area mode. Other detectors, a strip chart recorder, and peak heights may 
be used provided the 5 percent repeatability criteria for sample 
analysis and the linearity criteria for the calibration curve can be 
met.
    3.3.3.5  Reagents.
    3.3.3.5.1  Reagent grade chemicals shall be used in all tests. 
Unless otherwise indicated, it is intended that all reagents shall 
conform to the specifications of the Committee on Analytical Reagents of 
the American Chemical Society, where such specifications are available. 
Other grades may be used, provided it is first ascertained that the 
reagent is of sufficiently high purity to permit its use without 
lessening the accuracy of the determination.

[[Page 623]]

    3.3.3.5.2  ASTM Type II Water (ASTM D1193-77 (1983)). All references 
to water in the method refer to ASTM Type II unless otherwise specified.
    3.3.3.5.3  Sulfuric acid (0.1 N), H2SO4. To prepare 100 
ml, slowly add 0.28 ml of concentrated H2SO4 to about 90 ml of 
water while stirring, and adjust the final volume to 100 ml using 
additional water. Shake well to mix the solution.
    3.3.3.5.4  Sodium hydroxide (0.1 N), NaOH. To prepare 100 ml, 
dissolve 0.40 g of solid NaOH in about 90 ml of water and adjust the 
final volume to 100 ml using additional water. Shake well to mix the 
solution.
    3.3.3.5.5  Reagent blank solutions. A separate blank solution of 
each sampling train reagent used and collected in the field (0.1 N 
H2SO4 and 0.1 N NaOH) should be prepared for analysis with the 
field samples. For midget impinger train sample analysis, dilute 30 ml 
of each reagent with rinse water collected in the field as a blank to 
the final volume of the samples; for isokinetic train sample analysis, 
dilute 200 ml to the same final volume as the field samples also using 
the blank sample of rinse water.
    3.3.3.5.6  Sodium chloride, NaCl, stock standard solution. Solutions 
containing a nominal certified concentration of 1000 mg/L NaCl are 
commercially available as convenient stock solutions from which working 
standards can be made by appropriate volumetric dilution. Alternately, 
concentrated stock solutions may be produced from reagent grade NaCl 
that has been dried at 110  deg.C for two or more hours and then cooled 
to room temperature in a desiccator immediately before weighing. 
Accurately weigh 1.6 to 1.7 g of the dried NaCl to within 0.1 mg, 
dissolve in water, and dilute to 1 liter. The exact Cl- 
concentration can be calculated using the equation:

g Cl-/ml=g of NaCl x 103 x 35.453/58.44

Refrigerate the stock standard solutions and store no longer than one 
month.
    3.3.3.5.7  Chromatographic eluent. Effective eluents for non-
suppressed ion chromatography using a resin- or silica-based weak ion 
exchange column are a 4 mM potassium hydrogen phthalate solution, 
adjusted to a pH of 4.0 using a saturated sodium borate solution, and a 
mM 4-hydroxy benzoate solution, adjusted to a pH of 8.6 using 1 N sodium 
hydroxide. An effective eluent for suppressed ion chromatography is a 
solution containing 3 mM sodium bicarbonate and 2.4 mM sodium carbonate. 
Other dilute solutions buffered to a similar pH that contain no ions 
interfering with the chromatographic analysis may be used. If, using 
suppressed ion chromatography, the ``water dip'' resulting from sample 
injection is interfering with the chlorine peak, use a 2 mM sodium 
hydroxide/2.4 mM sodium bicarbonate eluent.
    3.3.3.6  Sample Collection, Preservation, and Handling.
    3.3.3.6.1  Sample collection using the midget impinger HCl/Cl2 
train or the isokinetic HCl/Cl2 train is described in Method 0051 
or 0050, respectively.
    3.3.3.6.2  Samples should be stored in clearly labeled, tightly 
sealed containers between sample recovery and analysis. They may be 
analyzed up to four weeks after collection.
    3.3.3.7  Procedure.
    3.3.3.7.1  Sample preparation for analysis. Check the liquid level 
in each sample, and determine if any sample was lost during shipment. If 
a noticeable amount of leakage has occurred, the volume can be 
determined from the difference between the initial and final solution 
levels, and this value can be used to correct the analytical results. 
For midget impinger train samples, quantitatively transfer each sample 
solution to a 100 ml volumetric flask and dilute to 100 ml with water. 
For isokinetic sampling train samples, quantitatively transfer each 
sample to a volumetric flask or graduated cylinder and dilute with water 
to a final volume appropriate for all samples.
    3.3.3.7.2  Calibration of Ion Chromatograph.
    3.3.3.7.2.1  The ion chromatographic conditions will depend on the 
type of analytical column used and whether suppressed or non-suppressed 
ion chromatography is used. Prior to calibration and sample analysis, 
establish a stable baseline. Next, inject a sample of water, and 
determine if any Cl- appears in the chromatogram. If Cl- is 
present, repeat the load/injection procedure until no Cl- is 
present.
    3.3.3.7.2.2  To prepare the calibration standards, dilute given 
amounts (1.0 ml or greater) of the stock standard solution to convenient 
volumes, using 0.1 H2SO4 or 0.1 NaOH as appropriate. Prepare 
at least four standards that are within the linear range of the field 
samples. Inject the calibration standards, starting with the lowest 
concentration standard first, both before and after injection of the 
quality control check sample, reagent blank, and field samples. This 
allows compensation for any instrument drift occurring during sample 
analysis.
    3.3.3.7.2.3  Determine the peak areas, or heights, of the standards 
and plot individual values versus Cl- concentrations in g/
ml. Draw a smooth curve through the points. Use linear regression to 
calculate a formula describing the resulting linear curve.
    3.3.3.7.3  Sample analysis. Between injections of the series of 
calibration standards, inject in duplicate the reagent blanks and the 
field samples, including a matrix spike sample. Measure the areas or 
heights (same as done for the calibration standards) of the Cl- 
peaks. Use the average response to determine the concentrations of the 
field samples, matrix spike, and reagent blanks using

[[Page 624]]

the linear calibration curve. The results for a reagent blank should not 
exceed 10 percent of the corresponding value for a field sample.
    3.3.3.7.4  Calculations. Retain at least one extra decimal figure 
beyond those contained in the available data in intermediate 
calculations, and round off only the final answer appropriately.
    3.3.3.7.4.1  Total g HCl per sample. Calculate as described 
below:

mHCl=(S-B) x Vs x 36.46/35.453        (1)

where:
mHCl=Mass of HCl in sample, g,
S=Analysis of sample, g Cl-/ml,
B=Analysis of reagent blank, g Cl-/ml,
Vs=Volume of filtered and diluted sample, ml,
36.46=Molecular weight of HCl, g/g-mole, and
35.45=Atomic weight of Cl-, g/g-mole.
    3.3.3.7.4.2  Total g Cl2 per sample. Calculate as 
described below:

MCl2=(S-B) x V2 x 70.91/35.45        (2)

where:
MCl2=Mass of Cl2 in sample, g,
70.91=Molecular weight of Cl2, g/g-mole, and
35.45=Atomic weight of Cl-, g/g-mole.
    3.3.3.7.4.3  Concentration of HCl in the flue gas. Calculate as 
described below:

C=K x m/Vm(std)        (3)

where:
C=Concentration of HCl or Cl2, dry basis, mg/dscm,
K=10-3 mg/g,
m=Mass of HCl or Cl2 in sample, g, and
Vm(std)=Dry gas volume measured by the dry gas meter, corrected to 
          standard conditions, dscm (from Method 0050 or Method 0051).
    3.3.3.8  Quality Control.
    3.3.3.8.1  At the present time, a validated audit material does not 
exist for this method. However, it is strongly recommended that a 
quality control check sample and a matrix spike sample be used.
    3.3.3.8.1.1  Quality control check sample. Chloride solutions of 
reliably known concentrations are available for purchase from the 
National Bureau of Standards (SRM 3182). The QC check sample should be 
prepared in the appropriate absorbing reagent at a concentration 
approximately equal to the mid range calibration standard. The quality 
control check sample should be injected in duplicate immediately after 
the calibration standards have been injected for the first time. The 
Cl- value obtained for the check sample using the final calibration 
curve should be within 10 percent of the known value for the check 
sample.
    3.3.3.8.1.2  Matrix spike sample. A portion of at least one field 
sample should be used to prepare a matrix spike sample. Spike the sample 
aliquot in the range of the expected concentration. Analyze the matrix 
spike sample in duplicate along with the field samples. Based on the 
matrix spike results, determine the recovery for the spiked material. 
This should be within 10 percent of the known spike value.
    3.3.3.9  Method Performance.
    3.3.3.9.1  The lower detection limit of the analytical method is 0.1 
g of Cl- per ml of sample solution. Samples with 
concentrations which exceed the linear range of the IC may be diluted.
    3.3.3.9.2  The precision and bias for analysis of HCl using this 
analytical protocol have been measured in combination with the midget 
impinger HCl/Cl2 train (method 0051) for sample collection. The 
within-laboratory relative standard deviation is 6.2 percent and 3.2 
percent at HCl concentrations of 3.9 and 15.3 ppm, respectively. The 
method does not exhibit any bias for HCl when sampling at Cl2 
concentrations less than 50 ppm.

                               References

1. Steinsberger, S.C. and J.H. Margeson, ``Laboratory and Field 
          Evaluation of a Methodology for Determination of Hydrogen 
          Chloride Emissions from Municipal and Hazardous Waste 
          Incinerators,'' U.S. Environmental Protection Agency, Office 
          of Research and Development, Report No. EPA 600/3-89/064, NTIS 
          PB89 220586-AS.
2. State of California, Air Resources Board, Method 421, ``Determination 
          of Hydrochloric Acid Emissions from Stationary Sources'' March 
          18, 1987.
3. Entropy Environmentalists, Inc., ``Laboratory Evaluation of a 
          Sampling and Analysis Method for Hydrogen Chloride emissions 
          from Stationary Sources: Interim Report,'' EPA Contract No. 
          68-02-4442, Research Triangle Park, North Carolina, January 
          22, 1988.

  3.4  Determination of Polychlorinated Dibenzo-p-Dioxins (PCDDs) and 
 Polychlorinated Dibenzofurans (PCDFs) From Stationary Sources (Method 
                                   23)

                   3.4.1  Applicability and Principle

    3.4.1.1  Applicability. This method is applicable to the 
determination of polychlorinated dibenzo-p-dioxins (PCDDs) and 
polychlorinated dibenzofurans (PCDFs) from stationary sources.
    3.4.1.2  Principle. A sample is withdrawn from the gas stream 
isokinetically and collected in the sample probe, on a glass fiber 
filter, and on a packed column of adsorbent material. The sample cannot 
be separated into a particle vapor fraction. The PCDDs and PCDFs are 
extracted from the sample, separated by high resolution gas 
chromatography, and measured by high resolution mass spectrometry.

[[Page 625]]

                            3.4.2  Apparatus

    3.4.2.1  Sampling. A schematic of the sampling train used in this 
method is shown in Figure 3.4-1. Sealing greases may not be used in 
assembling the train. The train is identical to that described in 
Section 2.1 of Method 5 (40 CFR part 60, appendix A) with the following 
additions:
    3.4.2.1.1  Reagents. Reagent grade chemicals shall be used in all 
tests. Unless otherwise indicated, it is intended that all reagents 
shall conform to the specifications of the Committee on Analytical 
Reagents of the American Chemical Society, where such specifications are 
available. Other grades may be used, provided it is first ascertained 
that the reagent is of sufficiently high purity to permit its use 
without lessening the accuracy of the determination.
    3.4.2.1.2  Nozzle. The nozzle shall be made of nickel, nickel-plated 
stainless steel, quartz, or borosilicate glass.

[[Page 626]]

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[[Page 627]]

    3.4.2.1.3  Sample Transfer Lines. The sample transfer lines, if 
needed, shall be heat-traced, heavy walled TFE (\1/2\ in. OD with \1/8\ 
in. wall) with connecting fittings that are capable of forming leak-
free, vacuum-tight connections without using sealing greases. The line 
shall be as short as possible and must be maintained at 120  deg.C.
    3.4.2.1.4  Filter Support. Teflon or Teflon-coated wire.
    3.4.2.1.5  Condenser. Glass, coil type with compatible fittings. A 
schematic diagram is shown in Figure 3.4-2.
    3.4.2.1.6  Water Bath. Thermostatically controlled to maintain the 
gas temperature exiting the condenser at 20  deg.C (68  
deg.F).
    3.4.2.1.7  Adsorbent Module. Glass container to hold the solid 
adsorbent. A schematic diagram is shown in Figure 3.4-2. Other physical 
configurations of the resin trap/condenser assembly are acceptable. The 
connecting fittings shall form leak-free, vacuum tight seals. No sealant 
greases shall be used in the sampling train. A coarse glass frit is 
included to retain the adsorbent.

[[Page 628]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.027



[[Page 629]]

    3.4.2.2  Sample Recovery.
    3.4.2.2.1  Fitting Caps. Ground glass, Teflon tape, or aluminum foil 
(Section 3.4.2.2.6) to cap off the sample-exposed sections of the train.
    3.4.2.2.2  Wash Bottles. Teflon, 500-ml.
    3.4.2.2.3  Probe-Liner Probe-Nozzle, and Filter-Holder Brushes. 
Inert bristle brushes with precleaned stainless steel or Teflon handles. 
The probe brush shall have extensions of stainless steel or Teflon, at 
least as long as the probe. The brushes shall be properly sized and 
shaped to brush out the nozzle, probe liner, and transfer line, if used.
    3.4.2.2.4  Filter Storage Container. Sealed filter holder, wide-
mouth amber glass jar with Teflon-lined cap, or glass petri dish.
    3.4.2.2.5  Balance. Triple beam.
    3.4.2.2.6  Aluminum Foil. Heavy duty, hexane-rinsed.
    3.4.2.2.7  Metal Storage Container. Air-tight container to store 
silica gel.
    3.4.2.2.8  Graduated Cylinder. Glass, 250-ml with 2-ml graduation.
    3.4.2.2.9  Glass sample Storage container. Amber glass bottle for 
sample glassware washes, 500- or 1000-ml, with leak-free Teflon-lined 
caps.
    3.4.2.3  Analysis.
    3.4.2.3.1  Sample Container. 125- and 250-ml flint glass bottles 
with Teflon-lined caps.
    3.4.2.3.2  Test Tube. Glass.
    3.4.2.3.3  Soxhlet Extraction Apparatus. Capable of holding 43  x  
123 mm extraction thimbles.
    3.4.2.3.4  Extraction Thimble. Glass, precleaned cellulosic, or 
glass fiber.
    3.4.2.3.5  Pasteur Pipettes. For preparing liquid chromatographic 
columns.
    3.4.2.3.6  Reacti-vials. Amber glass, 2-ml, silanized prior to use.
    3.4.2.3.7  Rotary Evaporator. Buchi/Brinkman RF-121 or equivalent.
    3.4.2.3.8  Nitrogen Evaporator Concentrator. N-Evap Analytical 
Evaporator Model III or equivalent.
    3.4.2.3.9  Separatory Funnels. Glass, 2-liter.
    3.4.2.3.10  Gas Chromatograph. Consisting of the following 
components:
    3.4.2.3.10.1  Oven. Capable of maintaining the separation column at 
the proper operating temperature 1  deg.C and performing 
programmed increases in temperature at rates of at least 3  deg.C/min.
    3.4.2.3.10.2  Temperature Gauge. To monitor column, oven, detector, 
and exhaust temperatures 1  deg.C.
    3.4.2.3.10.3  Flow System. Gas metering system to measure sample, 
fuel, combustion gas, and carrier gas flows.
    3.4.2.3.10.4  Capillary Columns. A fused silica column, 60  x  0.25 
mm inside diameter (ID), coated with DB.5 and a fused silica column, 30 
m  x  0.25 mm ID coated with DB-225. Other column systems may be used 
provided that the user is able to demonstrate, using calibration and 
performance checks, that the column system is able to meet the 
specifications of section 3.4.6.1.2.2.
    3.4.2.3.11  Mass Spectrometer. Capable of routine operation at a 
resolution of 1:10000 with a stability of 5 ppm.
    3.4.2.3.12  Data System. Compatible with the mass spectrometer and 
capable of monitoring at least five groups of 25 ions.
    3.4.2.3.13  Analytical Balance. To measure within 0.1 mg.

                             3.4.3  Reagents

    3.4.3.1  Sampling.
    3.4.3.1.1  Filters. Glass fiber filters, without organic binder, 
exhibiting at least 99.95 percent efficiency (<0.05 percent penetration) 
on 0.3-micron dioctyl phthalate smoke particles. The filter efficiency 
test shall be conducted in accordance with ASTM Standard Method D 2986-
71 (Reapproved 1978) (incorporated by reference--see Sec. 60.17).
    3.4.3.1.1.1  Precleaning. All filters shall be cleaned before their 
initial use. Place a glass extraction thimble, 1 g of silica gel, and a 
plug of glass wool into a Soxhlet apparatus, charge the apparatus with 
toluene, and reflux for a minimum of 3 hours. Remove the toluene and 
discard it, but retain the silica gel. Place no more than 50 filters in 
the thimble onto the silica gel bed and top with the cleaned glass wool. 
Charge the Soxhlet with toluene and reflux for 16 hours. After 
extraction, allow the Soxhlet to cool, remove the toluene extract, and 
retain it for analysis. Remove the filters and dry them under a clean 
N2 stream. Store the filters in a glass petri dish sealed with 
Teflon tape.
    3.4.3.1.2  Adsorbent Resin. Amberlite XAD-2 resin, thoroughly 
cleaned before initial use.
    3.4.3.1.2.1  Cleaning Procedure. This procedure may be carried out 
in a giant Soxhlet extractor. An all-glass filter thimble containing an 
extra-coarse frit is used for extraction of XAD-2. The frit is recessed 
10-15 mm above a crenelated ring at the bottom of the thimble to 
facilitate drainage. The resin must be carefully retained in the 
extractor cup with a glass wool plug and a stainless steel ring because 
it floats on methylene chloride. This process involves sequential 
extraction in the following order:

------------------------------------------------------------------------
                  Solvent                             Procedure         
------------------------------------------------------------------------
Water.....................................  Initial rinse: Place resin  
                                             in a beaker, rinse once    
                                             with water, and discard.   
                                             Fill with water a second   
                                             time, let stand over-      
                                             night, and discard.        
Water.....................................  Extract with water for 8    
                                             hours.                     
Methanol..................................  Extract for 22 hours.       
Methylene Chloride........................  Extract for 22 hours.       
Methylene Chloride (fresh)................  Extract for 22 hours.       
------------------------------------------------------------------------

    3.4.3.1.2.2  Drying.

[[Page 630]]

    3.4.3.1.2.2.1  Drying Column. Pyrex pipe, 10.2 cm ID by 0.6 m long, 
with suitable retainers.
    3.4.3.1.2.2.2  Procedure. The adsorbent must be dried with clean 
inert gas. Liquid nitrogen from a standard commercial liquid nitrogen 
cylinder has proven to be a reliable source of large volumes of gas free 
from organic contaminants. Connect the liquid nitrogen cylinder to the 
column by a length of cleaned copper tubing, 0.95 cm ID, coiled to pass 
through a heat source. A convenient heat source is a water-bath heated 
from a steam line. The final nitrogen temperature should only be warm to 
the touch and not over 40  deg.C. Continue flowing nitrogen through the 
adsorbent until all the residual solvent is removed. The flow rate 
should be sufficient to gently agitate the particles but not so 
excessive as to cause the particles to fracture.
    3.4.3.1.2.3  Quality Control Check. The adsorbent must be checked 
for residual methylene chloride as well as PCDDs and PCDFs.
    3.4.3.1.2.3.1  Extraction. Weigh a 1.0 g sample of dried resin into 
a small vial, add 3 ml of toluene, cap the vial, and shake it well.
    3.4.3.1.2.3.2  Analysis. Inject a 2-l sample of the extract 
into a gas chromatograph operated under the following conditions:
    Column: 6 ft  x  \1/8\ in. stainless steel containing 10 percent OV-
101 on 100/120 Supelcoport.
    Carrier Gas: Helium at a rate of 30 ml/min.
    Detector: Flame ionization detector operated at a sensitivity of 4 
x  10-11 A/mV.
    Injection Port Temperature: 250  deg.C.
    Detector Temperature: 305  deg.C.
    Oven Temperature: 30  deg.C for 4 min; programmed to rise at 40 
deg.C/min until it reaches 250  deg.C; return to 30  deg.C after 17 
minutes.
    Compare the results of the analysis to the results from the 
reference solution. Prepare the reference solution by injecting 2.5 
l of methylene chloride into 100 ml of toluene. This 
corresponds to 100 g of methylene chloride per g of adsorbent. 
The maximum acceptable concentration is 1000 g/g of adsorbent. 
If the adsorbent exceeds this level, drying must be continued until the 
excess methylene chloride is removed.
    3.4.3.1.2.3.3  Storage. The adsorbent must be used within 4 weeks of 
cleaning. After cleaning, it may be stored in a wide mouth amber glass 
container with a Teflon-lined cap or placed in one of the glass 
adsorbent modules tightly sealed with glass stoppers. If precleaned 
adsorbent is purchased in sealed containers, it must be used within 4 
weeks after the seal is broken.
    3.4.3.1.3  Glass Wool. Cleaned by sequential immersion in three 
aliquots of methylene chloride, dried in a 110  deg.C oven. and stored 
in a methylene chloride-washed glass jar with a Teflon-lined screw cap.
    3.4.3.1.4  Water. Deionized distilled and stored in a methylene 
chloride-rinsed glass container with a Teflon-lined screw cap.
    3.4.3.1.5  Silica Gel. Indicating type, 6 to 16 mesh. If previously 
used, dry at 175  deg.C (350  deg.F) for two hours. New silica gel may 
be used as received. Alternatively, other types of desiccants 
(equivalent or better) may be used, subject to the approval of the 
Administrator.
    3.4.3.1.6  Chromic Acid Cleaning Solution. Dissolve 20 g of sodium 
dichromate in 15 ml of water, and then carefully add 400 ml of 
concentrated sulfuric acid.
    3.4.3.2  Sample Recovery.
    3.4.3.2.1  Acetone. Pesticide quality.
    3.4.3.2.2  Methylene Chloride. Pesticide quality.
    3.4.3.2.3  Toluene. Pesticide quality.
    3.4.3.3  Analysis.
    3.4.3.3.1  Potassium Hydroxide. ACS grade, 2-percent (weight/volume) 
in water.
    3.4.3.3.2  Sodium Sulfate. Granulated, reagent grade. Purify prior 
to use by rinsing with methylene chloride and oven drying. Store the 
cleaned material in a glass container with a Teflon-lined screw cap.
    3.4.3.3.3  Sulfuric Acid. Reagent grade.
    3.4.3.3.4  Sodium Hydroxide. 1.0 N. Weigh 40 g of sodium hydroxide 
into a 1-liter volumetric flask. Dilute to 1 liter with water.
    3.4.3.3.5  Hexane. Pesticide grade.
    3.4.3.3.6  Methylene Chloride. Pesticide grade.
    3.4.3.3.7  Benzene. Pesticide grade.
    3.4.3.3.8  Ethyl Acetate.
    3.4.3.3.9  Methanol. Pesticide grade.
    3.4.3.3.10  Toluene. Pesticide grade.
    3.4.3.3.11  Nonane. Pesticide grade.
    3.4.3.3.12  Cyclohexane. Pesticide grade.
    3.4.3.3.13  Basic Alumina. Activity grade 1, 100-200 mesh. Prior to 
use, activate the alumina by heating for 16 hours at 130  deg.C before 
use. Store in a desiccator. Pre-activated alumina may be purchased from 
a supplier and may be used as received.
    3.4.3.3.14  Silica Gel. Bio-Sil A, 100-200 mesh. Prior to use, 
activate the silica gel by heating for at least 30 minutes at 180 
deg.C. After cooling, rinse the silica gel sequentially with methanol 
and methylene chloride. Heat the rinsed silica gel at 50  deg.C for 10 
minutes, and then increase the temperature gradually to 180  deg.C over 
25 minutes and maintain it at this temperature for 90 minutes. Cool at 
room temperature and store in a glass container with a Teflon-lined 
screw cap.
    3.4.3.3.15  Silica Gel Impregnated with Sulfuric Acid. Combine 100 g 
of silica gel with 44 g of concentrated sulfuric acid in a screw-capped 
glass bottle and agitate thoroughly. Disperse the solids with a stirring 
rod until a uniform mixture is obtained. Store the mixture in a glass 
container with a Teflon-lined screw cap.
    3.4.3.3.16  Silica Gel Impregnated with Sodium Hydroxide. Combine 39 
g of 1 N sodium hydroxide with 100 g of silica gel in a screw-capped 
glass bottle and agitate thoroughly.

[[Page 631]]

Disperse solids with a stirring rod until a uniform mixture is obtained. 
Store the mixture in a glass container with a Teflon-lined screw cap.
    3.4.3.3.17  Carbon/Celite. Combine 10.7 g of AX-21 carbon with 124 g 
of Celite 545 in a 250-ml glass bottle with a Teflon-lined screw cap. 
Agitate the mixture thoroughly until a uniform mixture is obtained. 
Store in the glass container.
    3.4.3.3.18  Nitrogen. Ultra high purity.
    3.4.3.3.19  Hydrogen. Ultra high purity.
    3.4.3.3.20  Internal Standard Solution. Prepare a stock standard 
solution containing the isotopically labeled PCDDs and PCDFs at the 
concentrations shown in Table 3.4-1 under the heading ``Internal 
Standards'' in 10 ml of nonane.
    3.4.3.3.21  Surrogate Standard Solution. Prepare a stock standard 
solution containing the isotopically labeled PCDDs and PCDFs at the 
concentrations shown in Table 1 under the heading ``Surrogate 
Standards'' in 10 ml of nonane.
    3.4.3.3.22  Recovery Standard Solution. Prepare a stock standard 
solution containing the isotopically labeled PCDDs and PCDFs at the 
concentrations shown in Table 1 under the heading ``Recovery Standards'' 
in 10 ml of nonane.

   Table 3.4-1.--Composition of the Sample Fortification and Recovery   
                           Standards Solutions                          
------------------------------------------------------------------------
                                                          Concentration 
                        Analyte                          (pg/l)
------------------------------------------------------------------------
Internal Standards:                                                     
  \13\C12-2,3,7,8-TCDD.................................              100
  \13\C12-1,2,3,7,8-PeCCD..............................              100
  \13\C12-1,2,3,6,7,8-HxCDD............................              100
  \13\C12-1,2,3,4,6,7,8-HpCDD..........................              100
  \13\C12-2,3,7,8-TCDF.................................              100
  \13\C12-1,2,3,7,8-PeCDF..............................              100
  \13\C12-1,2,3,6,7,8-HxCDF............................              100
  \13\C12-1,2,3,4,6,7,8-HpCDF..........................              100
Surrogate Standards:                                                    
  \37\Cl4-2,3,7,8-TCDD.................................              100
  \13\C12-1,2,3,4,7,8-HxCDD............................              100
  \13\C12-2,3,4,7,8-PeCDF..............................              100
  \13\C12-1,2,3,4,7,8-HxCDF............................              100
  \13\C12-1,2,3,4,7,8,9-HpCDF..........................              100
Recovery Standards:                                                     
  \13\C12-1,2,3,4-TCDD.................................              500
  \13\C12-1,2,3,7,8,9-HxCDD............................              500
------------------------------------------------------------------------

                            3.4.4  Procedure

    3.4.4.1  Sampling. The complexity of this method is such that, in 
order to obtain reliable results, analysts should be trained and 
experienced with the analytical procedures.
    3.4.4.1.1  Preparation Prior to Analysis.
    3.4.4.1.1.1  Cleaning Glassware. All glass components of the train 
upstream of and including the adsorbent module, shall be cleaned as 
described in Section 3A of the ``Manual of Analytical Methods for the 
Analysis of Pesticides in Human and Environmental Samples.'' Special 
care shall be devoted to the removal of residual silicone grease 
sealants on ground glass connections of used glassware. Any residue 
shall be removed by soaking the glassware for several hours in a chromic 
acid cleaning solution prior to cleaning as described above.
    3.4.4.1.1.2  Adsorbent Trap. The traps must be loaded in a clean 
area to avoid contamination. They may not be loaded in the field. Fill a 
trap with 20 to 40 g of XAD-2. Follow the XAD-2 with glass wool and 
tightly cap both ends of the trap. Add 100 l of the surrogate 
standard solution (Section 3.4.3.3.21) to each trap.
    3.4.4.1.1.3  Sample Train. It is suggested that all components be 
maintained according to the procedure described in APTD-0576.
    3.4.4.1.1.4  Silica Gel. Weigh several 200 to 300 g portions of 
silica gel in an air-tight container to the nearest 0.5 g. Record the 
total weight of the silica gel plus container, on each container. As an 
alternative, the silica gel may be weighed directly in its impinger or 
sample holder just prior to sampling.
    3.4.4.1.1.5  Filter. Check each filter against light for 
irregularities and flaws or pinhole leaks. Pack the filters flat in a 
clean glass container.
    3.4.4.1.2  Preliminary Determinations. Same as Section 4.1.2 of 
Method 5.
    3.4.4.1.3  Preparation of Collection Train.
    3.4.4.1.3.1  During preparation and assembly of the sampling train, 
keep all train openings where contamination can enter, sealed until just 
prior to assembly or until sampling is about to begin.

    Note: Do not use sealant grease in assembling the train.

    3.4.4.1.3.2  Place approximately 100 ml of water in the second and 
third impingers, leave the first and fourth impingers empty, and 
transfer approximately 200 to 300 g of preweighed silica gel from its 
container to the fifth impinger.
    3.4.4.1.3.3  Place the silica gel container in a clean place for 
later use in the sample recovery. Alternatively, the weight of the 
silica gel plus impinger may be determined to the nearest 0.5 g and 
recorded.
    3.4.4.1.3.4  Assemble the train as shown in Figure 3.4-1.
    3.4.4.1.3.5  Turn on the adsorbent module and condenser coil 
recirculating pump and begin monitoring the adsorbent module gas entry 
temperature. Ensure proper sorbent temperature gas entry temperature 
before proceeding and before sampling is initiated. It is extremely 
important that the XAD-2 adsorbent resin temperature never exceed 50 
deg.C because thermal decomposition will occur. During testing, the XAD-
2 temperature must not exceed 20  deg.C for efficient capture of the 
PCDDs and PCDFs.

[[Page 632]]

    3.4.4.1.4  Leak-Check Procedure. Same as method 5, section 4.1.4.
    3.4.4.1.5  Sample Train Operation. Same as method 5, section 4.1.5.
    3.4.4.2  Sample Recovery. Proper cleanup procedure begins as soon as 
the probe is removed from the stack at the end of the sampling period. 
Seal the nozzle end of the sampling probe with Teflon tape or aluminum 
foil.
    When the probe can be safely handled, wipe off all external 
particulate matter near the tip of the probe. Remove the probe from the 
train and close off both ends with aluminum foil. Seal off the inlet to 
the train with Teflon tape, a ground glass cap, or aluminum foil.
    Transfer the probe and impinger assembly to the cleanup area. This 
area shall be clean and enclosed so that the chances of losing or 
contaminating the sample are minimized. Smoking, which could contaminate 
the sample, shall not be allowed in the cleanup area.
    Inspect the train prior to and during disassembly and note any 
abnormal conditions, e.g., broken filters, colored impinger liquid, etc. 
Treat the samples as follows:
    3.4.4.2.1  Container No. 1. Either seal the filter holder or 
carefully remove the filter from the filter holder and place it in its 
identified container. Use a pair of cleaned tweezers to handle the 
filter. If it is necessary to fold the filter, do so such that the 
particulate cake is inside the fold. Carefully transfer to the container 
any particulate matter and filter fibers which adhere to the filter 
holder gasket, by using a dry inert bristle brush and a sharp-edged 
blade. Seal the container.
    3.4.4.2.2  Adsorbent Module. Remove the module from the train, 
tightly cap both ends, label it, cover with aluminum foil, and store it 
on ice for transport to the laboratory.
    3.4.4.2.3  Container No. 2. Quantitatively recover material 
deposited in the nozzle, probe transfer lines, the front half of the 
filter holder, and the cyclone, if used, first, by brushing while 
rinsing three times each with acetone, and then by rinsing the probe 
three times with methylene chloride. Collect all the rinses in Container 
No. 2.
    Rinse the back half of the filter holder three times with acetone. 
Rinse the connecting line between the filter and the condenser three 
times with acetone. Soak the connecting line with three separate 
portions of methylene chloride for 5 minutes each. If using a separate 
condenser and adsorbent trap, rinse the condenser in the same manner as 
the connecting line. Collect all the rinses in Container No. 2 and mark 
the level of the liquid on the container.
    3.4.4.2.4  Container No. 3. Repeat the methylene chloride-rinsing 
described in section 3.4.4.2.3 using toluene as the rinse solvent. 
Collect the rinses in Container No. 3 and mark the level of the liquid 
on the container.
    3.4.4.2.5  Impinger Water. Measure the liquid in the first three 
impingers to with 1 ml by using a graduated cylinder or by 
weighing it to within 0.5 g by using a balance. Record the 
volume or weight of liquid present. This information is required to 
calculate the moisture content of the effluent gas.
    Discard the liquid after measuring and recording the volume or 
weight.
    3.4.4.2.6  Silica Gel. Note the color of the indicating silica gel 
to determine if it has been completely spent and make a mention of its 
condition. Transfer the silica gel from the fifth impinger to its 
original container and seal.

                             3.4.5  Analysis

    All glassware shall be cleaned as described in section 3A of the 
``Manual of Analytical Methods for the Analysis of Pesticides in Human 
and Environmental Samples.'' All samples must be extracted within 30 
days of collection and analyzed within 45 days of extraction.
    3.4.5.1  Sample Extraction.
    3.4.5.1.1  Extraction System. Place an extractable thimble (section 
3.4.2.3.4), 1 g of silica gel, and a plug of glass wool into the Soxhlet 
apparatus, charge the apparatus with toluene, and reflux for a minimum 
of 3 hours. Remove the toluene and discard it, but retain the silica 
gel. Remove the extraction thimble from the extraction system and place 
it in a glass beaker to catch the solvent rinses.
    3.4.5.1.2  Container No. 1 (Filter). Transfer the contents of 
container number 1 directly to the glass thimble of the extraction 
system and extract them simultaneously with the XAD-2 resin.
    3.4.5.1.3  Adsorbent Module. Suspend the adsorbent module directly 
over the extraction thimble in the beaker (see section 3.4.5.1.1). The 
glass frit of the module should be in the up position. Using a Teflon 
squeeze bottle containing toluene, flush the XAD-2 into the thimble onto 
the bed of cleaned silica gel. Thoroughly rinse the glass module 
catching the rinsings in the beaker containing the thimble. If the resin 
is wet, effective extraction can be accomplished by loosely packing the 
resin in the thimble. Add the XAD-2 glass wool plug to the thimble.
    3.4.5.1.4  Container No. 2 (Acetone and Methylene Chloride Rinse). 
Concentrate the sample to a volume of about 1-5 ml using the rotary 
evaporator apparatus, at a temperature of less than 37  deg.C. Rinse the 
sample container three times with small portions of methylene chloride 
and add these to the concentrated solution and concentrate further to 
near dryness. This residue contains particulate matter removed in the 
rinse of the train probe and nozzle. Add the concentrate

[[Page 633]]

to the filter and the XAD-2 resin in the Soxhlet apparatus described in 
section 3.4.5.1.1.
    3.4.5.1.5  Extraction. Add 100 l of the internal standard 
solution (section 3.4.3.3.20) to the extraction thimble containing the 
contents of the adsorbent cartridge, the contents of Container No. 1, 
and the concentrate from section 3.4.5.1.3. Cover the contents of the 
extraction thimble with the cleaned glass wool plug to prevent the XAD-2 
resin from floating into the solvent reservoir of the extractor. Place 
the thimble in the extractor, and add the toluene contained in the 
beaker to the solvent reservoir. Pour additional toluene to fill the 
reservoir approximately \2/3\ full. Add Teflon boiling chips and 
assemble the apparatus. Adjust the heat source to cause the extractor to 
cycle three times per hour. Extract the sample for 16 hours. After 
extraction, allow the Soxhlet to cool. Transfer the toluene extract and 
three 10-ml rinses to the rotary evaporator. Concentrate the extract to 
approximately 10 ml. At this point the analyst may choose to split the 
sample in half. If so, split the sample, store one half for future use, 
and analyze the other according to the procedures in sections 3.4.5.2 
and 3.4.5.3. In either case, use a nitrogen evaporative concentrator to 
reduce the volume of the sample being analyzed to near dryness. Dissolve 
the residue in 5 ml of hexane.
    3.4.5.1.6  Container No. 3 (Toluene Rinse). Add 100 l of 
the Internal Standard solution (section 3.4.3.3.20) to the contents of 
the container. Concentrate the sample to a volume of about 1-5 ml using 
the rotary evaporator apparatus at a temperature of less than 37  deg.C. 
Rinse the sample container three times with small portions of toluene 
and add these to the concentrated solution and concentrate further to 
near dryness. Analyze the extract separately according to the procedures 
in sections 3.4.5.2 and 3.4.5.3, but concentrate the solution in a 
rotary evaporator apparatus rather than a nitrogen evaporative 
concentrator.
    3.4.5.2  Sample Cleanup and Fractionation.
    3.4.5.2.1  Silica Gel Column. Pack one end of a glass column, 20 
mm x 230 mm, with glass wool. Add in sequence, 1 g silica gel, 2 g of 
sodium hydroxide impregnated silica gel, 1 g silica gel, 4 g of acid-
modified silica gel, and 1 g of silica gel. Wash the column with 30 ml 
of hexane and discard it. Add the sample extract, dissolved in 5 ml of 
hexane to the column with two additional 5-ml rinses. Elute the column 
with an additional 90 ml of hexane and retain the entire eluate. 
Concentrate this solution to a volume of about 1 ml using the nitrogen 
evaporative concentrator (section 3.4.2.3.8).
    3.4.5.2.2  Basic Alumina Column. Shorten a 25-ml disposable Pasteur 
pipette to about 16 ml. Pack the lower section with glass wool and 12 g 
of basic alumina. Transfer the concentrated extract from the silica gel 
column to the top of the basic alumina column and elute the column 
sequentially with 120 ml of 0.5 percent methylene chloride in hexane 
followed by 120 ml of 35 percent methylene chloride in hexane. Discard 
the first 120 ml of eluate. Collect the second 120 ml of eluate and 
concentrate it to about 0.5 ml using the nitrogen evaporative 
concentrator.
    3.4.5.2.3  AX-21 Carbon/Celite 545 Column. Remove the bottom 0.5 in. 
from the tip of a 9-ml disposable Pasteur pipette. Insert a glass fiber 
filter disk in the top of the pipette 2.5 cm from the constriction. Add 
sufficient carbon/celite mixture to form a 2 cm column. Top with a glass 
wool plug. In some cases, AX-21 carbon fines may wash through the glass 
wool plug and enter the sample. This may be prevented by adding a celite 
plug to the exit end of the column. Rinse the column in sequence with 2 
ml of 50 percent benzene in ethyl acetate, 1 ml of 50 percent methylene 
chloride in cyclohexane, and 2 ml of hexane. Discard these rinses. 
Transfer the concentrate in 1 ml of hexane from the basic alumina column 
to the carbon/celite column along with 1 ml of hexane rinse. Elute the 
column sequentially with 2 ml of 50 percent methylene chloride in hexane 
and 2 ml of 50 percent benzene in ethyl acetate and discard these 
eluates. Invert the column and elute in the reverse direction with 13 ml 
of toluene. Collect this eluate. Concentrate the eluate in a rotary 
evaporator at 50  deg.C to about 1 ml. Transfer the concentrate to a 
Reacti-vial using a toluene rinse and concentrate to a volume of 200 
1 using a stream of N2. Store extracts at room 
temperature, shielded from light, until the analysis is performed.
    3.4.5.3  Analysis. Analyze the sample with a gas chromatograph 
coupled to a mass spectrometer (GC/MS) using the instrumental parameters 
in sections 3.4.5.3.1 and 3.4.5.3.2. Immediately prior to analysis, add 
a 20-l aliquot of the Recovery Standard solution from Table 1 
to each sample. A 2-l aliquot of the extract is injected into 
the GC. Sample extracts are first analyzed using the DB-5 capillary 
column to determine the concentration of each isomer of PCDDs and PCDFs 
(tetra- through octa-). If tetra-chlorinated dibenzofurans are detected 
in this analysis, then analyze another aliquot of the sample in a 
separate run, using the DB-225 column to measure the 2.3.7.8-
tetrachlorodibenzofuran isomer. Other column systems may be used, 
provided that the user is able to demonstrate, using calibration and 
performance checks, that the column system is able to meet the 
specifications of Section 3.4.6.1.2.2.
    3.4.5 3.1  Gas Chromatograph Operating Conditions.
    3.4.5.3.1.1  Injector. Configured for capillary column, splitless, 
250  deg.C.
    3.4.5.3.1.2  Carrier Gas. Helium, 1-2 ml/min.

[[Page 634]]

    3.4.5.3.1.3  Oven. Initially at 150  deg.C. Raise by at least 40 
deg.C/min to 190  deg.C and then at 3  deg.C/min up to 300  deg.C.
    3.4.5.3.2  High Resolution Mass Spectrometer.
    3.4.5.3.2.1  Resolution. 10000 m/e.
    3.4.5.3.2.2  Ionization Mode. Electron impact.
    3.4.5.3.2.3  Source Temperature 250  deg.C.
    3.4.5.3.2.4  Monitoring Mode. Selected ion monitoring. A list of the 
various ions to be monitored is summarized in Table 3.4-2.

      Table 3.4-2.--Elemental Compositions and Exact Masses of the Ions Monitored by High Resolutions Mass      
                                        Spectrometry for PCDDs and PCDFs                                        
----------------------------------------------------------------------------------------------------------------
        Descriptor no.             Accurate mass a     Ion type      Elemental composition          Analyte     
----------------------------------------------------------------------------------------------------------------
1.............................            [Not used]                                                            
2.............................              292.9825  LOCK        C7F11                        PFK              
                                            303.9016  M           C12H435Cl4O                  TCDF             
                                            305.8987  M+2         C12H435Cl37O                 TCDF             
                                            315.9419  M           13C12H435Cl4O                TCDF (S)         
                                            317.9389  M+2         13C12H435C1337ClO            TCDF (S)         
                                            319.8965  M           C12H435ClO2                  TCDD             
                                            321.8936  M+2         C12H435Cl337ClO2             TCDD             
                                            327.8847  M           C12H437Cl4O2                 TCDD (S)         
                                            330.9792  QC          C7F13                        PFK              
                                            331.9368  M           13C12H435Cl4O2               TCDD (S)         
                                            333.9339  M+2         13C12H435Cl37ClO2            TCDD (S)         
                                            339.8597  M+2         C12H335Cl437ClO              PECDF            
                                            341.8567  M+4         C12H435Cl337Cl2O             PeCDF            
                                            351.9000  M+2         13C12H335Cl437ClO            PeCDF (S)        
                                            353.8970  M+4         13C12H335Cl337Cl2O           PeCDF (S)        
                                            355.8546  M+2         C12H335Cl337ClO2             PeCDD            
                                            357.8516  M+4         C12H335Cl337Cl2O2            PeCDD            
                                            367.8949  M+2         13C12H335Cl437ClO2           PeCDD (S)        
                                            369.8919  M+4         13C12H335Cl337ClO2           PeCDD (S)        
                                            375.8364  M+2         C12H435Cl537ClO              HxCDPE           
                                            409.7974  M+2         C12H335Cl637ClO              HpCPDE           
3.............................              373.8208  M+2         C12H235Cl537ClO              HxCDF            
                                            375.8178  M+4         C12H235Cl437Cl2O             HxCDF            
                                            383.8639  M           13C12H235Cl6O                HxCDF (S)        
                                            385.8610  M+2         13C12H235Cl537ClO            HxCDF (S)        
                                            389.8157  M+2         C12H235Cl537ClO2             HxCDD            
                                            391.8127  M+4         C12H235Cl437Cl2O2            HxCDD            
                                            392.9760  LOCK        C9F15                        PFK              
                                            401.8559  M+2         13C12H235Cl537ClO2           HxCDD (S)        
                                            403.8529  M+4         13C12H235Cl437Cl2O           HxCDD (S)        
                                            445.7555  M+4         C12H235Cl637Cl2O             OCDPE            
                                            430.9729  QC          C9F17                        PFK              
4.............................              407.7818  M+2         C12H35Cl637ClO               HpCDF            
                                            409.7789  M+4         C12H35Cl537Cl2O              HpCDF            
                                            417.8253  M           13C12H35Cl7O                 HpCDF (S)        
                                            419.8220  M+2         13C12H35Cl637ClO             HpCDF (S)        
                                            423.7766  M+2         C12H35Cl637ClO2              HpCDD            
                                            425.7737  M+4         C12H35Cl537Cl2O2             HpCDD            
                                            435.8169  M+2         13C12H35Cl637ClO2            HpCDD (S)        
                                            437.8140  M+4         13C12H35Cl537Cl2O2           HpCDD (S)        
                                            479.7165  M+4         C12H35Cl737Cl2O              NCPDE            
                                            430.9729  LOCK        C9F17                        PFK              
                                            441.7428  M+2         C1235Cl737ClO                OCDF             
                                            443.7399  M+4         C1235Cl637Cl2O               OCDF             
                                            457.7377  M+2         C1235Cl737ClO2               OCDD             
                                            459.7348  M+4         C1235Cl637Cl2O2              OCDD             
                                            469.7779  M+2         13C1235Cl737ClO2             OCDD (S)         
                                            471.7750  M+4         13C1235Cl637Cl2O2            OCDD (S)         
                                            513.6775  M+4         C1235Cl837Cl2O2              DCDPE            
                                            442.9728  QC          C10F17                       PFK              
----------------------------------------------------------------------------------------------------------------
a The following nuclidic masses were used: H=1.007825, O=15.994915, C=12.000000, 35Cl=34.968853, 13C=13.003355, 
  37Cl=36.965903, F=18.9984, S=Labeled Standard, QC=Ion selected for monitoring instrument stability during the 
  GC/MS analysis.                                                                                               


                   Table 3.4-3.--Acceptable Ranges for Ion-Abundance Ratios of PCDDs and PCDFs                  
----------------------------------------------------------------------------------------------------------------
                                                                                                 Control limits 
          Number of Chlorine atoms                          Ion type               Theoretical -----------------
                                                                                      ratio      Lower    Upper 
----------------------------------------------------------------------------------------------------------------
4...........................................  M/M+2                                       0.77     0.65     0.89

[[Page 635]]

                                                                                                                
5...........................................  M+2/M+4                                     1.55     1.32     1.78
6...........................................  M+2/M+4                                     1.24     1.05     1.43
6a..........................................  M/M+2                                       0.51     0.43     0.59
7b..........................................  M/M+2                                       0.44     0.37     0.51
7...........................................  M+2/M+4                                     1.04     0.88     1.20
8...........................................  M+2/M+4                                     0.89     0.76     1.02
----------------------------------------------------------------------------------------------------------------
a Used only for \1\\3\C-HxCDF                                                                                   
b Used only for \1\\3\C-HpCDF                                                                                   

    3.4.5.3.2.5  Identification Criteria. The following identification 
criteria shall be used for the characterization of polychlorinated 
dibenzodioxins and dibenzofurans.
    1. The integrated ion-abundance ratio (M/M+2 or M+2/M+4) shall be 
within 15 percent of the theoretical value. The acceptable ion-abundance 
ratio ranges for the identification of chlorine-containing compounds are 
given in Table 3.
    2. The retention time for the analytes must be within 3 seconds of 
the corresponding \1\\3\C-labeled internal standard, surrogate or 
alternate standard.
    3. The monitored ions, shown in Table 3.4-2 for a given analyte, 
shall reach their maximum within 2 seconds of each other.
    4. The identification of specific isomers that do not have 
corresponding \1\\3\C-labeled standards is done by comparison of the 
relative retention time (RRT) of the analyte to the nearest internal 
standard retention time with reference (i.e., within 0.005 RRT units) to 
the comparable RRTs found in the continuing calibration.
    5. The signal to noise ratio for all monitored ions must be greater 
than 2.5.
    6. The confirmation of 2,3,7,8-TCDD and 2,3,7,8-TCDF shall satisfy 
all of the above identification criteria.
    7. For the identification of PCDFs, no signal may be found in the 
corresponding PCDPE channels.
    3.4.5.3.2.6  Quantitation. The peak areas for the two ions monitored 
for each analyte are summed to yield the total response for each 
analyte. Each internal standard is used to quantitate the indigenous 
PCDDs or PCDFs in its homologous series. For example, the 
\1\\3\C12-2,3,7,8-tetrachlorodibenzodioxin is used to calculate the 
concentrations of all other tetrachlorinated isomers. Recoveries of the 
tetra- and penta-internal standards are calculated using the 
\1\\3\C12-1,2,3,4-TCDD. Recoveries of the hexa- through octa-
internal standards are calculated using \1\\3\C12-1,2,3,7,8,9-
HxCDD. Recoveries of the surrogate standards are calculated using the 
corresponding homolog from the internal standard.

                           3.4.6  Calibration

    Same as Method 5 with the following additions.
    3.4.6.1  GC/MS System.
    3.4.6.1.1  Initial Calibration. Calibrate the GC/MS system using the 
set of five standards shown in Table 3.4-4. The relative standard 
deviation for the mean response factor from each of the unlabeled 
analytes (Table 4) and of the internal, surrogate, and alternate 
standards shall be less than or equal to the values in Table 3.4-5. The 
signal to noise ratio for the GC signal present in every selected ion 
current profile shall be greater than or equal to 2.5. The ion abundance 
ratios shall be within the control limits in Table 3.4-3.
    3.4.6.1.2  Daily Performance Check.
    3.4.6.1.2.1  Calibration Check. Inject one l of solution 
Number 3 from table 4. Calculate the relative response factor (RRF) for 
each compound and compare each RRF to the corresponding mean RRF 
obtained during the initial calibration. The analyzer performance is 
acceptable if the measured RRFs for the labeled and unlabeled compounds 
for the daily run are within the limits of the mean values shown in 
Table 3.4-5. In addition, the ion-abundance ratios shall be within the 
allowable control limits shown in Table 3.4-3.
    3.4.6.1.2.2  Column Separation Check. Inject a solution of a mixture 
of PCDDs and PCDFs that documents resolution between 2,3,7,8-TCDD and 
other TCDD isomers. Resolution is defined as a valley between peaks that 
is less than 25 percent of the lower of the two peaks. Identify and 
record the retention time windows for each homologous series.

[[Page 636]]



     Table 3.4-4.--Composition of the Initial Calibration Solutions     
------------------------------------------------------------------------
                                              Concentrations (pg/L)           
             Compound                  No.   ---------------------------
                                                1      2      3      4  
------------------------------------------------------------------------
Unlabeled Analytes                                                      
2,3,7,8-TCDD......................      0.5       1      5     50    100
2,3,7,8-TCDF......................      0.5       1      5     50    100
1,2,3,7,8-PeCDD...................      2.5       5     25    250    500
1,2,3,7,8-PeCDF...................      2.5       5     25    250    500
2,3,4,7,8-PeCDF...................      2.5       5     25    250    500
1,2,3,4,7,8-HxCDD.................      2.5       5     25    250    500
1,2,3,6,7,8-HxCDD.................      2.5       5     25    250    500
1,2,3,7,8,9-HxCDD.................      2.5       5     25    250    500
1,2,3,4,7,8-HxCDF.................      2.5       5     25    250    500
1,2,3,6,7,8-HxCDF.................      2.5       5     25    250    500
1,2,3,7,8,9-HxCDF.................      2.5       5     25    250    500
2,3,4,6,7,8-HxCDD.................      2.5       5     25    250    500
1,2,3,4,6,7,8-HpCDD...............      2.5       5     25    250    500
1,2,3,4,6,7,8-HpCDF...............      2.5       5     25    250    500
1,2,3,4,7,8,9-HpCDF...............      2.5       5     25    250    500
OCDD..............................      5.0      10     50    500   1000
OCDF..............................      5.0      10     50    500   1000
Internal Standards                                                      
\13\ C12-2,3,7,8-TCDD.............      100     100    100    100    100
\13\ C12-1,2,3,7,8-PeCDD..........      100     100    100    100    100
\13\ C12-1,2,3,6,7,8,-HxCDD.......      100     100    100    100    100
\13\ C12-1,2,3,4,6,7,8-HpCDD......      100     100    100    100    100
\13\ C12-OCDD.....................      200     200    200    200    200
\13\ C12-2,3,7,8-TCDF.............      100     100    100    100    100
\13\ C12-1,2,3,7,8-PeCDF..........      100     100    100    100    100
\13\ C12-1,2,3,6,7,8-HxCDF........      100     100    100    100    100
\13\ C12-1,2,3,4,6,7,8-HpCDF......      100     100    100    100    100
Surrogate Standards                                                     
\37\ C14-2,3,7,8-TCDD.............      0.5       1      5     50    100
\13\ C12-2,3,4,7,8-PeCDF..........      2.5       5     25    250    500
\13\ C12-1,2,3,4,7,8-HxCDD........      2.5       5     25    250    500
\13\ C12-1,2,3,4,7,8-HxCDF........      2.5       5     25    250    500
\13\ C12-1,2,3,4,7,8,9-HpCDF......      2.5       5     25    250    500
Alternative Standard                                                    
\13\ C12-1,2,3,7,8,9-HxCDF........      2.5       5     25    250    500
Recovery Standards                                                      
\13\ C12-1,2,3,4-TCDD.............      100     100    100    100    100
\13\ C12-1,2,3,7,8,9-HxCDD........      100     100    100    100    100
------------------------------------------------------------------------


              Table 3.4-5.--Minimum Requirements for Initial and Daily Calibration Response Factors             
----------------------------------------------------------------------------------------------------------------
                                                                            Relative Response Factors           
                                                               -------------------------------------------------
                           Compound                                                        Daily Calibration %  
                                                                Initial Calibration RSD         Difference      
----------------------------------------------------------------------------------------------------------------
Unlabeled Analytes                                                                                              
2,3,7,8-TCDD..................................................                       25                       25
2,3,7,8-TCDF..................................................                       25                       25
1,2,3,7,8-PeCDD...............................................                       25                       25
1,2,3,7,8-PeCDF...............................................                       25                       25
2,3,4,7,8-PeCDF...............................................                       25                       25
1,2,4,5,7,8-HxCDD.............................................                       25                       25
1,2,3,6,7,8-HxCDD.............................................                       25                       25
1,2,3,7,8,9-HxCDD.............................................                       25                       25
1,2,3,4,7,8-HxCDF.............................................                       25                       25
1,2,3,6,7,8-HxCDF.............................................                       25                       25
1,2,3,7,8,9-HxCDF.............................................                       25                       25
2,3,4,6,7,8-HxCDF.............................................                       25                       25
1,2,3,4,6,7,8-HpCDD...........................................                       25                       25
1,2,3,4,6,7,8-HpCDF...........................................                       25                       25
OCDD..........................................................                       25                       25
OCDF..........................................................                       30                       30
Internal Standards                                                                                              
13C12-2,3,7,8-TCDD............................................                       25                       25
13C12-1,2,3,7,8-PeCCD.........................................                       30                       30
13C12-1,2,3,6,7,8-HxCDD.......................................                       25                       25
13C12-1,2,3,4,6,7,8-HpCDD.....................................                       30                       30

[[Page 637]]

                                                                                                                
13C12-OCDD....................................................                       30                       30
13C12-2,3,7,8-TCDF............................................                       30                       30
13C12-1,2,3,7,8-PeCDF.........................................                       30                       30
13C12-1,2,3,6,7,8-HxCDF.......................................                       30                       30
13C12-1,2,3,4,6,7,8-HpCDF.....................................                       30                       30
Surrogate Standards                                                                                             
37Cl4-2,3,7,8-TCDD............................................                       25                       25
13C12-2,3,4,7,8-PeCDF.........................................                       25                       25
13C12-1,2,3,4,7,8-HxCDD.......................................                       25                       25
13C12-1,2,3,4,7,8-HXCDF.......................................                       25                       25
13C12-1,2,3,4,7,8,9-HpCDF.....................................                       25                       25
Alternate Standard                                                                                              
13C12-1,2,3,7,8,9-HxCDF.......................................                       25                       25
----------------------------------------------------------------------------------------------------------------

    Perform a similar resolution check on the confirmation column to 
document the resolution between 2,3,7,8-TCDF and other TCDF isomers.
    3.4.6.2  Lock Channels. Set mass spectrometer lock channels as 
specified in Table 3.4-3. Monitor the quality control check channels 
specified in Table 3.4-3 to verify instrument stability during the 
analysis.

                         3.4.7  Quality Control

    3.4.7.1  Sampling Train Collection Efficiency Check. Add 100 
1 of the surrogate standards in Table 3.4-1 to the adsorbent 
cartridge of each train before collecting the field samples.
    3.4.7.2  Internal Standard Percent Recoveries. A group of nine 
carbon-labeled PCDDs and PCDFs, representing the tetra- through 
octachlorinated homologues, is added to every sample prior to 
extraction. The role of the internal standards is to quantitate the 
native PCDDs and PCDFs present in the sample as well as to determine the 
overall method efficiency. Recoveries of the internal standards must be 
between 40 to 130 percent for the tetra- through hexachlorinated 
compounds while the range is 25 to 130 percent for the higher hepta- and 
octachlorinated homologues.
    3.4.7.3  Surrogate Recoveries. The five surrogate compounds in Table 
3.4-4 are added to the resin the adsorbent sampling cartridge before the 
sample is collected. The surrogate recoveries are measured relative to 
the internal standards and are a measure of collection efficiency. They 
are not used to measure native PCDDs and PCDFs. All recoveries shall be 
between 70 and 130 percent. Poor recoveries for all the surrogates may 
be an indication of breakthrough in the sampling train. If the recovery 
of all standards is below 70 percent, the sampling runs must be 
repeated. As an alternative, the sampling runs do not have to be 
repeated if the final results are divided by the fraction of surrogate 
recovery. Poor recoveries of isolated surrogate compounds should not be 
grounds for rejecting an entire set of samples.
    3.4.7.4  Toluene QA Rinse. Report the results of the toluene QA 
rinse separately from the total sample catch. Do not add it to the total 
sample.

                        3.4.8  Quality Assurance

    3.4.8.1  Applicability. When the method is used to analyze samples 
to demonstrate compliance with a source emission regulation, an audit 
sample must be analyzed, subject to availability.
    3.4.8.2  Audit Procedure. Analyze an audit sample with each set of 
compliance samples. The audit sample contains tetra- through octa 
isomers of PCDD and PCDF. Concurrently, analyze the audit sample and a 
set of compliance samples in the same manner to evaluate the technique 
of the analyst and the standards preparation. The same analyst, 
analytical reagents, and analytical system shall be used both for the 
compliance samples and the EPA audit sample.
    3.4.8.3  Audit Sample Availability. Audit samples will be supplied 
only to enforcement agencies for compliance tests. The availability of 
audit samples may be obtained by writing: Source Test Audit Coordinator 
(MD-77B), Quality Assurance Division, Atmospheric Research and Exposure 
Assessment Laboratory, U.S. Environmental Protection Agency, Research 
Triangle Park, NC 27711, or by calling the Source Test Audit Coordinator 
(STAC) at (919) 541-7834. The request for the audit sample must be made 
at least 30 days prior to the scheduled compliance sample analysis.
    3.4.8.4  Audit Results. Calculate the audit sample concentration 
according to the calculation procedure described in the audit 
instructions included with the audit sample. Fill in the audit sample 
concentration and

[[Page 638]]

the analyst's name on the audit response form included with the audit 
instructions. Send one copy to the EPA Regional Office or the 
appropriate enforcement agency and a second copy to the STAC. The EPA 
Regional Office or the appropriate enforcement agency will report the 
results of the audit to the laboratory being audited. Include this 
response with the results of the compliance samples in relevant reports 
to the EPA Regional Office or the appropriate enforcement agency.

                           3.4.9  Calculations

    Same as method 5, section 6 with the following additions.
    3.4.9.1  Nomenclature.

Aai=Integrated ion current of the noise at the retention time of 
the analyte.
A*ci=Integrated ion current of the two ions characteristic of the 
internal standard i in the calibration standard.
Acij=Integrated ion current of the two ions characteristic of 
compound i in the jth calibration standard.
A*cij=Integrated ion current of the two ions characteristic of the 
internal standard i in the jth calibration standard.
Acsi=Integrated ion current of the two ions characteristic of 
surrogate compound i in the calibration standard.
Ai=Integrated ion current of the two ions characteristic of 
compound in the sample.
A*i=Integrated ion current of the two ions characteristic of 
internal standard i in the sample.
Ars=Integrated ion current of the two ions characteristic of the 
recovery standard.
Asi=Integrated ion current of the two ions characteristic of 
surrogate compound i in the sample.
Ci=Concentration of PCDD or PCDF i in the sample, pg/M3.
CT=Total concentration of PCDDs or PCDFs in the sample, pg/M3.
mci=Mass of compound i in the calibration standard injected into 
the analyzer, pg.
m*ci=Mass of labeled compound i in the calibration standard 
injected into the analyzer, pg.
m*i=Mass of internal standard i added to the sample, pg.
mrs=Mass of recovery standard in the calibration standard injected 
into the analyzer, pg.
msi=Mass of surrogate compound i in the calibration standard, pg.
RRFi=Relative response factor.
RRFrs=Recovery standard response factor.
RRFs=Surrogate compound response factor.

    3.4.9.2  Average Relative Response Factor.


                                     n                                  
RRFi=1/n                        cijm*ci/(A*cijmci)]  Eq. 23-1 
                                     -                                  
                                   j=1                                  
                                                                        


    3.4.9.3  Concentration of the PCDDs and PCDFs.

Ci=m*iAi/(A*i RRF1 Vm(std)      Eq. 23-2

    3.4.9.4  Recovery Standard Response Factor.

RRFrs=A*ci mrs/(Ars m*ci)      Eq. 23-3

    3.4.9.5  Recovery of Internal Standards (R*).

R*=(A*i mrs/Ars RFrs m*i)  x  100%      Eq. 23-
4

    3.4.9.6  Surrogate Compound Response Factor.

RRFs=A*ci ms/(Acism*ci)      Eq. 23-5

    3.4.9.7  Recovery of Surrogate Compounds (Rs).

Rs=(Asm*i/A*iRRFsms)  x  100% Eq.      23-6

    3.4.9.8  Minimum Detectable Limit (MDL).

MDL=2.5 Aai m*i/(A*ci RRFi) Eq      23-7

    3.4.9.9  Total Concentration of PCDDs and PCDFs in the Sample.


                                  n                                     
CT =                         i      Eq. 23-8%                  
                                  -                                     
                                i=1                                     
                                                                        

                          3.4.10  Bibliography

    1. American Society of Mechanical Engineers. Sampling for the 
Determination of Chlorinated Organic Compounds in Stack Emissions. 
Prepared for U.S. Department of Energy and U.S. Environmental Protection 
Agency. Washington, DC December 1984. 25 p.
    2. American Society of Mechanical Engineers. Analytical Procedures 
to Assay Stack Effluent Samples and Residual Combustion Products for 
Polychlorinated Dibenzo-p-Dioxins (PCDD) and Polychlorinated 
Dibenzofurans (PCDF). Prepared for the U.S. Department of Energy and 
U.S. Environmental Protection Agency. Washington, DC December 1984. 23 
p.
    3. Thompson, J.R. (ed.) Analysis of Pesticide Residues in Human and 
Environmental Samples. U.S. Environmental Protection Agency. Research 
Triangle Park, NC 1974.
    4. Triangle Laboratories. Case Study: Analysis of Samples for the 
Presence of Tetra- Through Octachloro-p-Dibenzodioxins and 
Dibenzofurans. Research Triangle Park, NC 1988. 26 p.
    5. U.S. Environmental Protection Agency. Draft Method 8290--The 
Analysis of Polychlorinated Dibenzo-p-dioxin and Polychlorinated 
Dibenzofurans by High-Resolution Gas Chromatography/High-Resolution Mass 
Spectrometry. In: Test Methods for Evaluating Solid Waste. Washington, 
DC SW-846.

[[Page 639]]

3.5  Sampling for Aldehyde and Ketone Emissions from Stationary Sources 
                              (Method 0011)

                      3.5.1  Scope and Application

    This method is applicable to the determination of Destruction and 
Removal Efficiency (DRE) of formaldehyde, CAS Registry number 50-00-0, 
and possibly other aldehydes and ketones from stationary sources as 
specified in the regulations. The methodology has been applied 
specifically to formaldehyde; however, many laboratories have extended 
the application to other aldehydes and ketones. Compounds derivatized 
with 2,4-dinitrophenyl-hydrazine can be detected as low as 6.4 x 
10-8 lbs/cu ft (1.8 ppbv) in stack gas over a 1 hr sampling period, 
sampling approximately 45 cu ft.

                        3.5.2  Summary of Method

    3.5.2.1  Gaseous and particulate pollutants are withdrawn 
isokinetically from an emission source and are collected in aqueous 
acidic 2,4-dinitrophenyl-hydrazine. Formaldehyde present in the 
emissions reacts with the 2,4-dinitrophenyl-hydrazine to form the 
formaldehyde dinitrophenylhydrazone derivative. The 
dinitrophenylhydrazone derivative is extracted, solvent-exchanged, 
concentrated, and then analyzed by high performance liquid 
chromatography.

                          3.5.3  Interferences

    3.5.3.1  A decomposition product of 2,4-dinitrophenyl-hydrazine, 
2,4-dinitroaniline, can be an analytical interferant if concentrations 
are high. 2,4-Dinitroaniline can coelute with 2,4-dinitrophenylhydrazone 
of formaldehyde under high performance liquid chromatography conditions, 
which may be used for the analysis. High concentrations of highly-
oxygenated compounds, especially acetone, that have the same retention 
time or nearly the same retention time as the dinitrophenylhydrazone of 
formaldehyde, and that also absorb at 360 nm, will interfere with the 
analysis.
    Formaldehyde, acetone, and 2,4-dinitroaniline contamination of the 
aqueous acidic 2,4-dinitrophenyl-hydrazine (DNPH) reagent is frequently 
encountered. The reagent must be prepared within five days of use in the 
field and must be stored in an uncontaminated environment both before 
and after sampling in order to minimize blank problems. Some 
concentration of acetone contamination is unavoidable, because acetone 
is ubiquitous in laboratory and field operations. However, the acetone 
contamination must be minimized.

                     3.5.4  Apparatus and Materials

    3.5.4.1  A schematic of the sampling train is shown in Figure 3.5-1. 
This sampling train configuration is adapted from EPA method 4 
procedures. The sampling train consists of the following components: 
Probe Nozzle, Pitot Tube, Differential Pressure Gauge, Metering System, 
Barometer, and Gas Density Determination Equipment.
    3.5.4.1.1  Probe Nozzle: Quartz or glass with sharp, tapered 
(30 deg. angle) leading edge. The taper shall be on the outside to 
preserve a constant inner diameter. The nozzle shall be buttonhook or 
elbow design. A range of nozzle sizes suitable for isokinetic sampling 
should be available in increments of 0.15 cm(1/16 in), e.g., 0.32 to 
1.27 cm (\1/8\ to \1/2\ in), of larger if higher volume sampling trains 
are used. Each nozzle shall be calibrated according to the procedures 
outlined in section 3.5.8.1.
    3.5.4.1.2  Probe Liner: Borosilicate glass or quartz shall be used 
for the probe liner. The tester should not allow the temperature in the 
probe to exceed 120  14  deg.C (248  25 deg.F).
    3.5.4.1.3  Pitot Tube: The Pitot tube shall be Type S, as described 
in section 2.1 of EPA method 2, or any other appropriate device. The 
pitot tube shall be attached to the probe to allow constant monitoring 
of the stack gas velocity. The impact (high pressure) opening plane of 
the pitot tube shall be even with or above the nozzle entry plan (see 
EPA method 2, Figure 26b) during sampling. The Type S pitot tube 
assembly shall have a known coefficient, determined as outlined in 
section 4 of EPA method 2.

[[Page 640]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.028



[[Page 641]]

    3.5.4.1.4  Differential Pressure Gauge: The differential pressure 
gauge shall be an inclined manometer or equivalent device as described 
in section 2.2 of EPA method 2. One manometer shall be used for 
velocity-head reading and the other for orifice differential pressure 
readings.
    3.5.4.1.5  Impingers: The sampling train requires a minimum of four 
impingers, connected as shown in Figure 3.5-1, with ground glass (or 
equivalent) vacuum-tight fittings. For the first, third, and fourth 
implngers, use the Greenburg-Smith design, modified by replacing the tip 
with a 1.3 cm inside diameter (\1/2\ in) glass tube extending to 1.3 cm 
(\1/2\ in) from the bottom of the flask. For the second impinger, use a 
Greenburg-Smith Impinger with the standard tip. Place a thermometer 
capable of measuring temperature to within 1  deg.C (2  deg.F) at the 
outlet of the fourth impinger for monitoring purposes.
    3.5.4.1.6  Metering System: The necessary components are a vacuum 
gauge, leak-free pump, thermometers capable of measuring temperature 
within 3  deg.C (5.4  deg.F), dry-gas meter capable of measuring volume 
to within 1%, and related equipment as shown in Figure 3.5-1. At a 
minimum, the pump should be capable of 4 cfm free flow, and the dry gas 
meter should have a recording capacity of 0-999.9 cu ft with a 
resolution of 0.005 cu ft. Other metering systems may be used which are 
capable of maintaining sample volumes to within 2%. The metering system 
may be used in conjunction with a pitot tube to enable checks of 
isokinetic sampling rates.
    3.5.4.1.7  Barometer: The barometer may be mercury, aneroid, or 
other barometer capable of measuring atmospheric pressure to within 2.5 
mm Hg (0.1 in Hg). In many cases, the barometric reading may be obtained 
from a nearby National Weather Service Station, in which case the 
station value (which is the absolute barometric pressure) is requested 
and an adjustment for elevation differences between the weather station 
and sampling point is applied at a rate of minus 2.5 mm Hg (0.1 in Hg) 
per 30 m (100 ft) elevation increases (vice versa for elevation 
decrease).
    3.5.4.1.8  Gas Density Determination Equipment: Temperature sensor 
and pressure gauge (as described in sections 2.3 and 2.3 of EPA method 
2), and gas analyzer, if necessary (as described in EPA method 3). The 
temperature sensor ideally should be permanently attached to the pitot 
tube or sampling probe in a fixed configuration such that the tip of the 
sensor extends beyond the leading edge of the probe sheath and does not 
touch any metal. Alternatively, the sensor may be attached just prior to 
use in the field. Note, however, that if the temperature sensor is 
attached in the field, the sensor must be placed in an interference-free 
arrangement with respect to the Type S pitot openings (see EPA method 2, 
Figure 2-7). As a second alternative, if a difference of no more than 1% 
in the average velocity measurement is to be introduced, the temperature 
gauge need not be attached to the probe or pitot tube.
    3.5.4.2  Sample Recovery.
    3.5.4.2.1  Probe Liner: Probe nozzle and brushes; Teflon bristle 
brushes with stainless steel wire handles are required. The probe brush 
shall have extensions of stainless steel, Teflon, or inert material at 
least as long as the probe. The brushes shall be properly sized and 
shaped to brush out the probe liner, the probe nozzle, and the 
impingers.
    3.5.4.2.2  Wash Bottles: Three wash bottles are required. Teflon or 
glass wash bottles are recommended; polyethylene wash bottles should not 
be used because organic contaminants may be extracted by exposure to 
organic solvents used for sample recovery.
    3.5.4.2.3  Graduate Cylinder and/or Balance: A graduated cylinder or 
balance is required to measure condensed water to the nearest 1 ml or 1 
g. Graduated cylinders shall have division not >2 ml. Laboratory 
balances capable of weighing to 0.5 g are required.
    3.5.4.2.4  Amber Glass Storage Containers: One-liter wide-mouth 
amber flint glass bottles with Teflon-lined caps are required to store 
impinger water samples. The bottles must be sealed with Teflon tape.
    3.5.4.2.5  Rubber Policeman and Funnel: A rubber policeman and 
funnel are required to aid in the transfer of material into and out of 
containers in the field.
    3.5.4.3  Reagent Preparation.
    3.5.4.3.1  Bottles/Caps: Amber 1- or 4-L bottles with Teflon-lined 
caps are required for storing cleaned DNPH solution. Additional 4-L 
bottles are required to collect waste organic solvents.
    3.5.4.3.2  Large Glass Container: At least one large glass (8 to 16 
L) is required for mixing the aqueous acidic DNPH solution.
    3.5.4.3.3  Stir Plate/Large Stir Bars/Stir Bar Retriever: A magnetic 
stir plate and large stir bar are required for the mixing of aqueous 
acidic DNPH solution. A stir bar retriever is needed for removing the 
stir bar from the large container holding the DNPH solution.
    3.5.4.3.4  Buchner Filter/Filter Flask/Filter Paper: A large filter 
flask (2-4 L) with a buchner filter, appropriate rubber stopper, filter 
paper, and connecting tubing are required for filtering the aqueous 
acidic DNPH solution prior to cleaning.
    3.5.4.3.5  Separatory Funnel: At least one large separatory funnel 
(2 L) is required for cleaning the DNPH prior to use.
    3.5.4.3.6  Beakers: Beakers (150 ml, 250 ml, and 400 ml) are useful 
for holding/measuring organic liquids when cleaning the aqueous acidic 
DNPH solution and for weighing DNPH crystals.

[[Page 642]]

    3.5.4.3.7  Funnels: At least one large funnel is needed for pouring 
the aqueous acidic DNPH into the separator funnel.
    3.5.4.3.8  Graduated Cylinders: At least one large graduated 
cylinder (1 to 2 L) is required for measuring organic-free reagent water 
and acid when preparing the DNPH solution.
    3.5.4.3.9  Top-Loading Balance: A one-place top loading balance is 
needed for weighing out the DNPH crystals used to prepare the aqueous 
acidic DNPH solution.
    3.5.4.3.10  Spatulas: Spatulas are needed for weighing out DNPH when 
preparing the aqueous DNPH solution.
    3.5.4.4  Crushed Ice: Quantities ranging from 10-50 lb may be 
necessary during a sampling run, depending upon ambient temperature. 
Samples which have been taken must be stored and shipped cold; 
sufficient ice for this purpose must be allowed.

                             3.5.5  Reagents

    3.5.5.1  Reagent grade chemicals shall be used in all tests. Unless 
otherwise indicated, it is intended that all reagents shall conform to 
the specifications of the Committee on Analytical Reagents of the 
American Chemical Society, where such specifications are available. 
Other grades may be used, provided it is first ascertained that the 
reagent is of sufficiently high purity to permit its use without 
lessening the accuracy of the determination.
    3.5.5.2  Organic-free reagent water: All references to water in this 
method refer to organic-free reagent water, as defined in Chapter One.
    3.5.5.3  Silica Gel: Silica gel shall be indicating type, 6-16 mesh. 
If the silica gel has been used previously, dry at 175 deg.C (350 
deg.F) for 2 hours before using. New silica gel may be used as received. 
Alternatively, other types of desiccants (equivalent or better) may be 
used.
    3.5.5.4  2,4-dinitrophenylhydrazine (DNPH), [2,4-
(O2N)2C6H3]NHNH2--The quantity of water may 
vary from 10 to 30%.
    3.5.5.4.1  The 2,4-dinitrophenylhydrazine reagent must be prepared 
in the laboratory within five days of sampling use in the field. 
Preparation of DNPH can also be done in the field, with consideration of 
appropriate procedures required for safe handling of solvent in the 
field. When a container of prepared DNPH reagent is opened in the field, 
the contents of the opened container should be used within 48 hours. All 
laboratory glassware must be washed with detergent and water and rinsed 
with water, methanol, and methylene chloride prior to use.

    Note: DNPH crystals or DNPH solution should be handled with plastic 
gloves at all times with prompt and extensive use of running water in 
case of skin exposure.

    3.5.5.4.2  Preparation of Aqueous Acidic DNPH Derivatizing Reagent: 
Each batch of DNPH reagent should be prepared and purified within five 
days of sampling, according to the procedures described below.

    Note: Reagent bottles for storage of cleaned DNPH derivatizing 
solution must be rinsed with acetonitrile and dried before use. Baked 
glassware is not essential for preparation of DNPH reagent. The 
glassware must not be rinsed with acetone or an unacceptable 
concentration of acetone contamination will be introduced. If field 
preparation of DNPH is performed, caution must be exercised in avoiding 
acetone contamination.

    3.5.5.4.2.1  Place an 8 L container under a fume hood on a magnetic 
stirrer. Add a large stir bar and fill the container half full of 
organic-free reagent water. Save the empty bottle from the organic-free 
reagent water. Start the stirring bar and adjust the stir rate to be as 
fast as possible. Using a graduated cylinder, measure 1.4 ml of 
concentrated hydrochloric acid. Slowly pour the acid into the stirring 
water. Fumes may be generated and the water may become warm. Weight the 
DNPH crystals on a one-place balance (see Table 3.5-1 for approximate 
amounts) and add to the stirring acid solution. Fill the 8-L container 
to the 8-L mark with organic-free reagent water and stir overnight. If 
all of the DNPH crystals have dissolved overnight, add additional DNPH 
and stir for two more hours. Continue the process of adding DNPH with 
additional stirring until a saturated solution has been formed. Filter 
the DNPH solution using vacuum filtration. Gravity filtration may be 
used, but a much longer time is required. Store the filtered solution in 
an amber bottle at room temperature.
    3.5.5.4.2.2  Within five days of proposed use, place about 1.6 L of 
the DNPH reagent in a 2-L separatory funnel. Add approximately 200 ml of 
methylene chloride and stopper the funnel. Wrap the stopper of the 
funnel with paper towels to absorb any leakage. Invert and vent the 
funnel. Then shake vigorously for 3 minutes. Initially, the funnel 
should be vented frequently (every 10-15 sec). After the layers have 
separated, discard the lower (organic) layer.
    3.5.5.4.2.3  Extract the DNPH a second time with methylene chloride 
and finally with cyclohexane. When the cyclohexane layer has separated 
from the DNPH reagent, the cyclohexane layer will be the top layer in 
the separatory funnel. Drain the lower layer (the cleaned extract DNPH 
reagent solution) into an amber bottle that has been rinsed with 
acetonitrile and allowed to dry.
    3.5.5.4.3  Quality Control: Take two aliquots of the extracted DNPH 
reagent. The size of the aliquots is dependent upon the exact sampling 
procedure used, but 100 ml is reasonably representative. To ensure that 
the background in the reagent is acceptable

[[Page 643]]

for field use, analyze one aliquot of the reagent according to the 
procedure of method 8315. Save the other aliquot of aqueous acidic DNPH 
for use as a method blank when the analysis is performed.

 Table 3.5-1.--Approximate Amount of Crystalline DNPH Used To Prepare a 
                           Saturated Solution                           
------------------------------------------------------------------------
                                                                Weight  
                                                               required 
                 Amount of moisture in DNPH                   per 8 L of
                                                               solution 
------------------------------------------------------------------------
10 weight percent..........................................         31 g
15 weight percent..........................................         33 g
30 weight percent..........................................         40 g
------------------------------------------------------------------------


   Table 3.5-2.--Instrument Detection Limits and Reagent Capacity for   
                        Formaldehyde Analysis \1\                       
------------------------------------------------------------------------
                                                 Detection     Reagent  
                    Analyte                      limit, ppb   capacity, 
                                                    \2\          ppmv   
------------------------------------------------------------------------
Formaldehyde..................................          1.8           66
Acetaldehyde..................................          1.7           70
Acrolein......................................          1.5           75
Acetone/Propionaldehyde.......................          1.5           75
Butyraldehyde.................................          1.5           79
Methyl ethyl ketone...........................          1.5           79
Valeraldehyde.................................          1.5           84
Isovaleraldehyde..............................          1.4           84
Hexaldehyde...................................          1.3           88
Benzaldehyde..................................          1.4           84
o-/m-/p-Tolualdehyde..........................          1.3           89
Dimethylbenzaldehyde..........................          1.2           93
------------------------------------------------------------------------
\1\ Oxygenated compounds in addition to formaldehyde are included for   
  comparison with formaldehyde; extension of the methodology to other   
  compounds is possible.                                                
\2\ Detection limits are determined in solvent. These values therefore  
  represent the optimum capability of the methodology.                  

    3.5.5.4.4  Shipment to the Field: Tightly cap the bottle containing 
extracted DNPH reagent using a Teflon-lined cap. Seal the bottle with 
Teflon tape. After the bottle is labeled, the bottle may be placed in a 
friction-top can (paint can or equivalent) containing a 1-2 inch layer 
of granulated charcoal and stored at ambient temperature until use.
    3.5.5.4.4.1  If the DNPH reagent has passed the Quality Control 
criteria, the reagent may be packaged to meet necessary shipping 
requirements and sent to the sampling area. If the Quality Control 
criteria are not met, the reagent solution may be re-extracted or the 
solution may be re-prepared and the extraction sequence repeated.
    3.5.5.4.4.2  If the DNPH reagent is not used in the field within 
five days of extraction, an aliquot may be taken and analyzed as 
described in method 0011A. If the reagent meets the Quality Control 
requirements, the reagent may be used. If the reagent does not meet the 
Quality Control requirements, the reagent must be discarded and new 
reagent must be prepared and tested.
    3.5.5.4.5  Calculation of Acceptable Concentrations of Impurities in 
DNPH Reagent: The acceptable impurity concentration (AIC, g/ml) 
is calculated from the expected analyte concentration in the sampled gas 
(EAC, ppbv), the volume of air that will be sampled at standard 
conditions (SVOL, L), the formula weight of the analyte (FW, g/mol), and 
the volume of DNPH reagent that will be used in the impingers (RVOL, 
ml):

AIC=0.1 x [EAC x SVOL X FW/22.4 x (FW+180)/FW](RVOL x 1,000)

where:
0.1 is the acceptable contaminant concentration,
22.4 is a factor relating ppbv to g/L,
180 is a facto relating underivatized to derivatized analyte
1,000 is a unit conversion factor.

    3.5.5.4.6  Disposal of Excess DNPH Reagent: Excess DNPH reagent may 
be returned to the laboratory and recycled or treated as aqueous waste 
for disposal purposes. 2,4-dinitrophenylhydrazine is a flammable solid 
when dry, so water should not be evaporated from the solution of the 
reagent.
    3.5.5.5  Field Spike Standard Preparation: To prepare a formaldehyde 
field spiking standard at 4.01 mg/ml, use a 500 l syringe to 
transfer 0.5 ml to 37% by weight of formaldehyde (401 mg/ml) to a 50 ml 
volumetric flask containing approximately 50 ml of methanol. Dilute to 
50 ml with methanol.
    3.5.5.6  Hydrochloric Acid, HCL: Reagent grade hydrochloric acid 
(approximately 12N) is required for acidifying the aqueous DNPH 
solution.
    3.5.5.7  Methylene Chloride, CH2Cl2: Methylene chloride 
(suitable for residue and pesticide analysis, GC/MS, HPLC, GC, 
Spectrophotometry or equivalent) is required for cleaning the aqueous 
acidic DNPH solution, rinsing glassware, and recovery of sample trains.
    3.5.5.8  Cyclohexane, C6H12: Cyclohexane (HPLC grade) is 
required for cleaning the aqueous acidic DNPH solution.

    Note: Do not use spectroanalyzed grades of cyclohexane if this 
sampling methodology is extended to aldehydes and ketones with four or 
more carbon atoms.

    3.5.5.9  Methanol, CH3OH: Methanol (HPLC grade or equivalent) 
is required for rinsing glassware.
    3.5.5.10  Acetonitrile, CH3CN: Acetonitrile (HPLC grade or 
equivalent) is required for rinsing glassware.
    3.5.5.11  Formaldehyde, HCHO: Analytical grade or equivalent 
formaldehyde is required for preparation of standards. If other 
aldehydes or ketones are used, analytical grade or equivalent is 
required.

[[Page 644]]

          3.5.6  Sample Collection, Preservation, and Handling

    3.5.6.1  Because of the complexity of this method, field personnel 
should be trained in and experienced with the test procedures in order 
to obtain reliable results.
    3.5.6.2  Laboratory Preparation:
    3.5.6.2.1  All the components shall be maintained and calibrated 
according to the procedure described in APTD-0576, unless otherwise 
specified.
    3.5.6.2.2  Weigh several 200 to 300 g portions of silica gel in 
airtight containers to the nearest 0.5 g. Record on each container the 
total weight of the silica gel plus containers. As an alternative to 
preweighing the silica gel, it may instead be weighed directly in the 
impinger or sampling holder just prior to train assembly.
    3.5.6.3  Preliminary Field Determinations:
    3.5.6.3.1  Select the sampling site and the minimum number of 
sampling point according to EPA method 1 or other relevant criteria. 
Determine the stack pressure, temperature, and range of velocity heads 
using EPA method 2. A leak-check of the pitot lines according to EPA 
method 2, section 3.1, must be performed. Determine the stack gas 
moisture content using EPA Approximation method 4 or its alternatives to 
establish estimates of isokinetic sampling-rate settings. Determine the 
stack gas dry molecular weight, as described in EPA method 2, section 
3.6. If integrated EPA method 3 sampling is used for molecular weight 
determination, the integrated bag sample shall be taken simultaneously 
with, and for the same total length of time as, the sample run.
    3.5.6.3.2  Select a nozzle size based on the range of velocity heads 
so that is not necessary to change the nozzle size in order to maintain 
isokinetic sampling rates below 28 L/min (1.0 cfm). During the run, do 
not change the nozzle. Ensure that the proper differential pressure 
gauge is chosen for the range of velocity heads encountered (see section 
2.2. of EPA method 2).
    3.5.6.3.3  Select a suitable probe liner and probe length so that 
all traverse points can be sampled. For large stacks, to reduce the 
length of the probe, consider sampling from opposite sides of the stack.
    3.5.6.3.4  A minimum of 45 ft\3\ of sample volume is required for 
the determination of the Destruction and Removal Efficiency (DRE) of 
formaldehyde from incineration systems (45 ft\3\ is equivalent to one 
hour of sampling at 0.75 dscf). Additional sample volume shall be 
collected as necessitated by the capacity of the DNPH reagent and 
analytical detection limit constraints. To determine the minimum sample 
volume required, refer to sample calculations in section 10.
    3.5.6.3.5  Determine the total length of sampling time needed to 
obtain the identified minimum volume by comparing the anticipated 
average sampling rate with the volume requirement. Allocate the same 
time to all traverse points defined by EPA method 1. To avoid 
timekeeping errors, the length of time sampled at each traverse point 
should be an integer or an integer plus 0.5 min.
    3.5.6.3.6  In some circumstances (e.g., batch cycles) it may be 
necessary to sample for shorter times at the traverse points and to 
obtain smaller gas-volume samples. In these cases, careful documentation 
must be maintained in order to allow accurate calculation of 
concentrations.
    3.5.6.4  Preparation of Collection Train:
    3.5.6.4.1  During preparation and assembly of the sampling train, 
keep all openings where contamination can occur covered with Teflon film 
or aluminum foil until just prior to assembly or until sampling is about 
to begin.
    3.5.6.4.2  Place 100 ml of cleaned DNPH solution in each of the 
first two impingers, and leave the third impinger empty. If additional 
capacity is required for high expected concentrations of formaldehyde in 
the stack gas, 200 ml of DNPH per impinger may be used or additional 
impingers may be used for sampling. Transfer approximately 200 to 300 g 
of pre-weighed silica gel from its container to the fourth impinger. 
Care should be taken to ensure that the silica gel is not entrained and 
carried out from the impinger during sampling. Place the silica gel 
container in a clean place or later use in the sample recovery. 
Alternatively, the weight of the silica gel plus impinger may be 
determined to the nearest 0.5 g and recorded.
    3.5.6.4.3  With a glass or quartz liner, install the selected nozzle 
using a Viton-A O-ring with stack temperatures are <260  deg.C (500 
deg.F) and a woven glass-fiber gasket when temperatures are higher. See 
APTD-0576 (Rom, 1972) for details. Other connection systems utilizing 
either 316 stainless steel or Teflon ferrules may be used. Mark the 
probe with heat-resistant tape or by some other method to denote the 
proper distance into the stack or duct for each sampling point.
    3.5.6.4.4  Assemble the train as shown in Figure 3.5-1. During 
assembly, do not use any silicone grease on ground-glass joints upstream 
of the impingers. Use Teflon tape, if required. A very light coating of 
silicone grease may be used on ground-glass joints downstream of the 
impingers, but the silicone grease should be limited to the outer 
portion (see APTD-0576) of the ground-glass joints to minimize silicone 
grease contamination. If necessary, Teflon tape may be used to seal 
leaks. Connect all temperature sensors to an appropriate potentiometer/
display unit. Check all temperature sensors at ambient temperatures.
    3.5.6.4.5  Place crushed ice all around the impingers.

[[Page 645]]

    3.5.6.4.6  Turn on and set the probe heating system at the desired 
operating temperature. Allow time for the temperature to stabilize.
    3.5.6.5  Leak-Check Procedures:
    3.5.6.5.1  Pre-test Leak Check.
    3.5.6.5.1.1  After the sampling train has been assembled, turn on 
and set the probe heating system at the desired operating temperature. 
Allow time for the temperature to stabilize. If a Viton-A O-ring or 
other leak-free connection is used in assembling the probe nozzle to the 
probe liner, leak check the train at the sampling site by plugging the 
nozzle and pulling a 381 mm Hg (15 in Hg) vacuum.

    Note: A lower vacuum may be used, provided that the lower vacuum is 
not exceeded during the test.

    3.5.6.5.1.2  If an asbestos string is used, do not connect the probe 
to the train during the leak check. Instead, leak-check the train by 
first attaching a carbon-filled leak check impinger to the inlet and 
then plugging the Inlet and pulling a 381 mm Hg (15 in Hg) vacuum. (A 
lower vacuum any be used if this lower vacuum is not exceeded during the 
test.) Next connect the probe to the train and leak-check at about 25 mm 
Hg (1 in Hg) vacuum. Alternatively, leak-check the probe with the rest 
of the sampling train in one step at 381 mm Hg (15 in Hg) vacuum. 
Leakage rates in excess of (a) 4% of the average sampling rate or (b) 
>0.00057 m\3\/min (0.02 cfm), are unacceptable.
    3.5.6.5.1.3  The following leak check instructions for the sampling 
train described in ADPT-0576 and APTD-0581 may be helpful. Start the 
pump with the fine-adjust valve fully open and coarse-valve completely 
closed. Partially open the coarse-adjust valve and slowly close the 
fine-adjust valve until the desired vacuum is reached. Do not reverse 
direction of the fine-adjust valve, as liquid will back up into the 
train. If the desired vacuum is exceeded, either perform the leak check 
at this higher vacuum or end the leak check, as shown below, and start 
over.
    3.5.6.5.1.4  When the leak check is completed, first slowly remove 
the plug from the inlet to the probe. When the vacuum drops to 127 mm (5 
in) Hg or less, immediately close the coarse-adjust valve. Switch off 
the pumping system and reopen the fine-adjust valve. Do not reopen the 
fine-adjust valve until the coarse-adjust valve has been closed to 
prevent the liquid in the impingers from being forced backward in the 
sampling line and silica gel from being entrained backward into the 
third impinger.
    3.5.6.5.2  Leak Checks During Sampling Run:
    3.5.6.5.2.1  If, during the sampling run, a component change (i.e., 
impinger) becomes necessary, a leak check shall be conducted immediately 
after the interruption of sampling and before the change is made. The 
leak check shall be done according to the procedure described in section 
3.5.6.5.1, except that it shall be done at a vacuum greater than or 
equal to the maximum value recorded up to that point in the test. If the 
leakage rate is found to be no greater than 0.00057 m\3\/min (0.02 cfm) 
or 4% of the average sampling rate (whichever is less), the results are 
acceptable. If a higher leakage rate is obtained, the tester must void 
the sampling run.

    Note: Any correction of the sample volume by calculation reduces the 
integrity of the pollutant concentration data generated and must be 
avoided.

    3.5.6.5.2.2  Immediately after a component change and before 
sampling is reinitiated, a leak check similar to a pre-test leak check 
must also be conducted.
    3.5.6.5.3  Post-test Leak Check:
    3.5.6.5.3.1  A leak check is mandatory at the conclusion of each 
sampling run. The leak check shall be done with the same procedures as 
the pre-test leak check, except that the post-test leak check shall be 
conducted at a vacuum greater than or equal to the maximum value reached 
during the sampling run. If the leakage rate is found to be no greater 
than 0.00057 m\3\/min (0.02 cfm) or 4% of the average sampling rate 
(whichever is less), the results are acceptable. If, however, a higher 
leakage rate is obtained, the tester shall record the leakage rate and 
void the sampling run.
    3.5.6.6  Sampling Train Operation:
    3.5.6.6.1  During the sampling run, maintain an isokinetic sampling 
rate to within 10% of true isokinetic, below 20 L/min (1.0 cfm). 
Maintain a temperature around the probe of 120  deg.C (248 
deg.2525  deg.F).
    3.5.6.6.2  For each run, record the data on a data sheet such as the 
one shown in Figure 3.5-2. Be sure to record the initial dry-gas meter 
reading. Record the dry-gas meter readings at the beginning and end of 
each sampling time increment, when changes in flow rates are made, 
before and after each leak check, and when sampling is halted. Take 
other readings required by Figure 2 at least once at each sample point 
during each time increment and additional readings when significant 
adjustments (20% variation in velocity head readings) necessitate 
additional adjustments in flow rate. Level and zero the manometer. 
Because the manometer level and zero may drift due to vibrations and 
temperature changes, make periodic checks during the traverse.
    3.5.6.6.3  Clean the stack access ports prior to the test run to 
eliminate the change of sampling deposited material. To begin sampling, 
remove the nozzle cap, verify that the filter and probe heating systems 
are at the specified temperature, and verify that the pitot tube and 
probe are properly positioned. Position the nozzle at the first traverse

[[Page 646]]

point, with the tip pointing directly into the gas stream. Immediately 
start the pump and adjust the flow to isokinetic conditions. Nomographs, 
which aid in the rapid adjustment of the isokinetic sampling rate 
without excessive computations, are available. These nomographs are 
designed for use when the Type S pitot tube coefficient is 
0.840.02 and the stack gas equivalent density (dry molecular 
weight) is equal to 294. APTD-0576 details the procedure for 
using the nomographs. If the stack gas molecular weight and the pitot 
tube coefficient are outside the above ranges, do not use the nomographs 
unless appropriate steps are taken to compensate for the deviations.

[[Page 647]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.029



[[Page 648]]

    3.5.6.6.4  When the stack is under significant negative pressure 
(equivalent to the height of the impinger stem), take care to close the 
coarse-adjust valve before inserting the probe into the stack in order 
to prevent liquid from backing up through the train. If necessary, the 
pump may be turned on with the coarse-adjust valve closed.
    3.5.6.6.5  When the probe is in position, block off the openings 
around the probe and stack access port to prevent unrepresentative 
dilution of the gas stream.
    3.5.6.6.6  Traverse the stack cross section, as required by EPA 
Method 1, being careful not to bump the probe nozzle into the stack 
walls when sampling near the walls or when removing or inserting the 
probe through the access port, in order to minimize the chance of 
extracting deposited material.
    3.5.6.6.7  During the test run, make periodic adjustments to keep 
the temperature around the probe at the proper levels. Add more ice and, 
if necessary, salt, to maintain a temperature of >20  deg.C (68  deg.F) 
at the silica gel outlet. Also, periodically check the level and zero of 
the manometer.
    3.5.6.6.8  A single train shall be used for the entire sampling run, 
except in cases where simultaneous sampling is required in two or more 
separate ducts or at two or more different locations within the same 
duct, or in cases where equipment failure necessitates a change of 
trains. An additional train or additional trains may also be used for 
sampling when the capacity of a single train is exceeded.
    3.5.6.6.9  When two or more trains are used, separate analyses of 
components from each train shall be performed. If multiple trains have 
been used because the capacity of a single train would be exceeded, 
first impingers from each train may be combined, and second impingers 
from each train may be combined.
    3.5.6.6.10  At the end of the sampling run, turn off the coarse-
adjust valve, remove the probe and nozzle from the stack, turn off the 
pump, record the final dry gas meter reading, and conduct a post-test 
leak check. Also, leak check the pitot lines as described in EPA method 
2. The lines must pass this leak check in order to validate the 
velocity-head data.
    3.5.6.6.11  Calculate percent isokineticity (see method 2) to 
determine whether the run was valid or another test should be made.

                         3.5.7  Sample Recovery

    3.5.7.1  Preparation.
    3.5.7.1.1  Proper cleanup procedure begins as soon as the probe is 
removed from the stack at the end of the sampling period. Allow the 
probe to cool. When the probe can be handled safely, wipe off all 
external particulate matter near the tip of the probe nozzle and place a 
cap over the tip to prevent losing or gaining particulate matter. Do not 
cap the probe tip tightly while the sampling train is cooling because a 
vacuum will be created, drawing liquid from the impingers back through 
the sampling train.
    3.5.7.1.2  Before moving the sampling train to the cleanup site, 
remove the probe from the sampling train and cap the open outlet, being 
careful not to lose any condensate that might be present. Remove the 
umbilical cord from the last impinger and cap the impinger. If a 
flexible line is used, let any condensed water or liquid drain into the 
impingers. Cap off any open impinger inlets and outlets. Ground glass 
stoppers, Teflon caps or caps of other inert materials may be used to 
seal all openings.
    3.5.7.1.3  Transfer the probe and impinger assembly to an area that 
is clean and protected from wind so that the chances of contaminating or 
losing the sample are minimized.
    3.5.7.1.4  Inspect the train before and during disassembly, and note 
any abnormal conditions.
    3.5.7.1.5  Save a portion of all washing solution (methylene 
chloride, water) used for cleanup as a blank. Transfer 200 ml of each 
solution directly from the wash bottle being used and place each in a 
separate, prelabeled sample container.
    3.5.7.2  Sample Containers.
    3.5.7.2.1  Container 1: Probe and Impinger Catches. Using a 
graduated cylinder, measure to the nearest ml, and record the volume of 
the solution in the first three impingers. Alternatively, the solution 
may be weighed to the nearest 0.5 g. Include any condensate in the probe 
in this determination. Transfer the impinger solution from the graduated 
cylinder into the amber flint glass bottle. Taking care that dust on the 
outside of the probe or other exterior surfaces does not get into the 
sample, clean all surfaces to which the sample is exposed (including the 
probe nozzle, probe fitting, probe liner, first impinger, and impinger 
connector) with methylene chloride. Use less than 500 ml for the entire 
wash (250 ml would be better, if possible). Add the washing to the 
sample container.
    3.5.7.2.1.1  Carefully remove the probe nozzle and rinse the inside 
surface with methylene chloride from a wash bottle. Brush with a Teflon 
bristle brush, and rinse until the rinse shows no visible particles or 
yellow color, after which make a final rinse of the inside surface. 
Brush and rinse the inside parts of the Swagelok fitting with methylene 
chloride in a similar way.
    3.5.7.2.1.2  Rinse the probe liner with methylene chloride. While 
squirting the methylene chloride into the upper end of the probe, tilt 
and rotate the probe so that all inside surfaces will be wetted with 
methylene chloride. Let the methylene chloride drain from the lower end 
into the sample container. The

[[Page 649]]

tester may use a funnel (glass or polyethylene) to aid in transferring 
the liquid washes to the container. Follow the rinse with a Teflon 
brush. Hold the probe in an inclined position, and squirt methylene 
chloride into the upper end as the probe brush is being pushed with a 
twisting action through the probe. Hold the sample container underneath 
the lower end of the probe, and catch any methylene chloride, water, and 
particulate matter that is brushed from the probe. Run the brush through 
the probe three times or more. With stainless steel or other metal 
probes, run the brush through in the above prescribed manner at least 
six times since there may be small crevices in which particulate matter 
can be entrapped. Rinse the brush with methylene chloride or water, and 
quantitatively collect these washing in the sample container. After the 
brushing, make a final rinse of the probe as described above.

    Note: Two people should clean the probe in order to minimize sample 
losses. Between sampling runs, brushes must be kept clean and free from 
contamination.

    3.5.7.2.1.3  Rinse the inside surface of each of the first three 
impingers (and connecting tubing) three separate times. Use a small 
portion of methylene chloride for each rinse, and brush each surface to 
which the sample is exposed with a Teflon bristle brush to ensure 
recovery of fine particulate matter. Water will be required for the 
recovery of the impingers in addition to the specified quantity of 
methylene chloride. There will be at least two phases in the impingers. 
This two-phase mixture does not pour well, and a significant amount of 
the impinger catch will be left on the walls. The use of water as a 
rinse makes the recovery quantitative. Make a final rinse of each 
surface and of the brush, using both methylene chloride and water.
    3.5.7.2.1.4  After all methylene chloride and water washing and 
particulate matter have been collected in the sample container, tighten 
the lid so the solvent, water, and DNPH reagent will not leak out when 
the container is shipped to the laboratory. Mark the height of the fluid 
level to determine whether leakage occurs during transport. Seal the 
container with Teflon tape. Label the container clearly to identify its 
contents.
    3.5.7.2.1.5  If the first two impingers are to be analyzed 
separately to check for breakthrough, separate the contents and rinses 
of the two impingers into individual containers. Care must be taken to 
avoid physical carryover from the first impinger to the second. The 
formaldehyde hydrazone is a solid which floats and froths on top of the 
impinger solution. Any physical carryover of collected moisture into the 
second impinger will invalidate a breakthrough assessment.
    3.5.7.2.2  Container 2: Sample Blank. Prepare a blank by using an 
amber flint glass container and adding a volume of DNPH reagent and 
methylene chloride equal to the total volume in Container 1. Process the 
blank in the same manner as Container 1.
    3.5.7.2.3  Container 3: Silica Gel. Note the color of the indicating 
silica gel to determine whether it has been completely spent and make a 
notation of its condition. The impinger containing the silica gel may be 
used as a sample transport container with both ends sealed with tightly 
fitting caps or plugs. Ground-glass stoppers or Teflon caps may be used. 
The silica gel impinger should then be labeled, covered with aluminum 
foil, and packaged on ice for transport to the laboratory. If the silica 
gel is removed from the impinger, the tester may use a funnel to pour 
the silica gel and a rubber policeman to remove the silica gel from the 
impinger. It is not necessary to remove the small amount of dust 
particles that may adhere to the impinger wall and are difficult to 
remove. Since the gain in weight is to be used for moisture 
calculations, do not use water or other liquids to transfer the silica 
gel. If a balance is available in the field, the spent silica gel (or 
silica gel plus impinger) may be weighed to the nearest 0.5 g.
    3.5.7.2.4  Sample containers should be placed in a cooler, cooled by 
(although not in contact with) ice. Sample containers must be placed 
vertically and, since they are glass, protected from breakage during 
shipment. Samples should be cooled during shipment so they will be 
received cold at the laboratory.

                           3.5.8  Calibration

    3.5.8.1  Probe Nozzle: Probe nozzles shall be calibrated before 
their initial use in the field. Using a micrometer, measure the inside 
diameter of the nozzle to the nearest 0.025 mm (0.001 in). Make 
measurements at three separate places across the diameter and obtain the 
average of the measurements. The difference between the high and low 
numbers shall not exceed 0.1 mm (0.004 in). When the nozzles become 
nicked or corroded, they shall be replaced and calibrated before use. 
Each nozzle must be permanently and uniquely identified.
    3.5.8.2  Pitot Tube: The Type S pitot tube assembly shall be 
calibrated according to the procedure outlined in Section 4 of EPA 
Method 2 or assigned a nominal coefficient of 0.84 if it is not visibly 
nicked or corroded and if it meets design and intercomponent spacing 
specifications.
    3.5.8.3  Metering System.
    3.5.8.3.1  Before its initial use in the field, the metering system 
shall be calibrated according to the procedure outlined in APTD-0576. 
Instead of physically adjusting the dry-gas meter dial readings to 
correspond to the wet-test meter readings, calibration factors may be 
used to correct the gas meter dial readings mathematically to the proper 
values. Before calibrating the metering system,

[[Page 650]]

it is suggested that a leak check be conducted. For metering systems 
having diaphragm pumps, the normal leak check procedure will not detect 
leakages with the pump. For these cases, the following leak check 
procedure will apply: make a ten-minute calibration run at 0.00057 m 
\3\/min (0.02 cfm). At the end of the run, take the difference of the 
measured wettest and dry-gas meter volumes and divide the difference by 
10 to get the leak rate. The leak rate should not exceed 0.00057 m \3\/
min (0.02 cfm).
    3.5.8.3.2  After each field use, check the calibration of the 
metering system by performing three calibration runs at a single 
intermediate orifice setting (based on the previous field test). Set the 
vacuum at the maximum value reached during the test series. To adjust 
the vacuum, insert a valve between the wet-test meter and the inlet of 
the metering system. Calculate the average value of the calibration 
factor. If the calibration has changed by more than 5%, recalibrate the 
meter over the full range of orifice settings, as outlined in APTD-0576.
    3.5.8.3.3  Leak check of metering system: The portion of the 
sampling train from the pump to the orifice meter (see Figure 1) should 
be leak checked prior to initial use and after each shipment. Leakage 
after the pump will result in less volume being recorded than is 
actually sampled. Use the following procedure: Close the main valve on 
the meter box. Insert a one-hole rubber stopper with rubber tubing 
attached into the orifice exhaust pipe. Disconnect and vent the low side 
of the orifice manometer. Close off the low side orifice tap. Pressurize 
the system to 13-18 cm (5-7 in) water column by blowing into the rubber 
tubing. Pinch off the tubing and observe the manometer for 1 min. A loss 
of pressure on the manometer indicates a leak in the meter box. Leaks 
must be corrected.

    Note: If the dry-gas-meter coefficient values obtained before and 
after a test series differ by >5%, either the test series must be voided 
or calculations for test series must be performed using whichever meter 
coefficient value (i.e., before or after) gives the lower value of total 
sample volume.

    3.5.8.4  Probe Heater: The probe heating system must be calibrated 
before its initial use in the field according to the procedure outlined 
in APTD-0576. Probes constructed according to APTD-0581 need not be 
calibrated if the calibration curves in APTD-0576 are used.
    3.5.8.5  Temperature gauges: Each thermocouple must be permanently 
and uniquely marked on the casting. All mercury-in-glass reference 
thermometers must conform to ASTM E-1 63C or 63F specifications. 
Thermocouples should be calibrated in the laboratory with and without 
the use of extension leads. If extension leads are used in the field, 
the thermocouple readings at the ambient air temperatures, with and 
without the extension lead, must be noted and recorded. Correction is 
necessary if the use of an extension lead produces a change >1.5%.
    3.5.8.5.1  Impinger and dry-gas meter thermocouples: For the 
thermocouples used to measure the temperature of the gas leaving the 
impinger train, three-point calibration at ice water, room air, and 
boiling water temperatures is necessary. Accept the thermocouples only 
if the readings at all three temperatures agree to 2C (3.60 
deg.F) with those of the absolute value of the reference thermometer.
    3.5.8.5.2  Probe and stack thermocouple: For the thermocouples used 
to indicate the probe and stack temperatures, a three-point calibration 
at ice water, boiling water, and hot oil bath temperatures must be 
performed. Use of a point at room air temperature is recommended. The 
thermometer and thermocouple must agree to within 1.5% at each of the 
calibration points. A calibration curve (equation) may be constructed 
(calculated) and the data extrapolated to cover the entire temperature 
range suggested by the manufacturer.
    3.5.8.6  Barometer: Adjust the barometer initially and before each 
test series to agree to within 2.5 mm Hg (0.1 in Hg) of the 
mercury barometer or the correct barometric pressure value reported by a 
nearby National Weather Service Station (same altitude above sea level).
    3.5.8.7  Triple-beam balance: Calibrate the triple-beam balance 
before each test series, using Class S standard weights. The weights 
must be within 0.5% of the standards, or the balance must be 
adjusted to meet these limits.

                           3.5.9  Calculations

    Carry out calculations, retaining at least one extra decimal figure 
beyond that of the acquired data. Round off figures after final 
calculations.
    3.5.9.1  Calculation of Total Formaldehyde: To determine the total 
formaldehyde in mg, use the following equation:

Total mg formaldehyde=Cd  x  V  x  DF

                                                                        
  x        [g/mole aldehyde]          x  10\3\                          
    ------------------------------  mg/g                              
                                                                        

where:

Cd=measured concentration of DNPH-formaldehyde derivative, 
          g/ml.
V=organic extract volume ml.
DF=dilution factor.

    3.5.9.2  Formaldehyde concentration in stack gas.
    Determine the formaldehyde concentration in the stack gas using the 
following equation:


[[Page 651]]


Cf=K [total formaldehyde, mg] Vm(std)

where:
K=35.31 ft \3\/m \3\ if Vm(std) is expressed in English units
=1.00 m \3\/m \3\ if Vm(std) is expressed in metric units.
Vm(std) volume of gas sample a measured by dry gas meter, corrected 
          to standard conditions, dscm (dscf).

    3.5.9.3  Average Dry Gas Meter Temperature and Average Orifice 
Pressure Drop are obtained from the data sheet.
    3.5.9.4  Dry Gas Volume: Calculate Vm(std) and adjust for 
leakage, if necessary, using the equation in section 6.3 of EPA method 
5.
    3.5.9.5  Volume of Water Vapor and Moisture Content: Calculate the 
volume of water vapor and moisture content from equations 5-2 and 5-3 of 
EPA method 5.

              3.5.10  Determination of Volume to be Sampled

    To determine the minimum sample volume to be collected, use the 
following sequence of equations.
     3.5.10.1  From prior analysis of the waste feed, the concentration 
of formaldehyde (FORM) introduced into the combustion system can be 
calculated. The degree of destruction and removal efficiency that is 
required is used to determine the amount of FORM allowed to be present 
in the effluent. This amount may be expressed as:

Max FORM Mass=[(WF) (FORM conc) (100-%DRE)]/100

where:

WF=mass flow rate of waste feed per h, g/h (lb/h).
FORM=concentration of FORM (wt %) introduced into the combustion 
          process.
DRE=percent Destruction and Removal Efficiency required.
Max FORM=mass flow rate (g/h [lb/]) of FORM emitted from the combustion 
          sources.

    3.5.10.2  The average discharge concentration of the FORM in the 
effluent gas is determined by comparing the Max FORM with the volumetric 
flow rate being exhausted from the source. Volumetric flow rate data are 
available as a result of preliminary EPA method 1-4 determinations:

Max FORM conc=[Max FORM Mass] / DVeff(std)

where:

DVeff(std)=volumetric flow rate of exhaust gas, dscm (dscf).
FORM conc=anticipated concentration of the FORM in the exhaust gas 
          stream, g/dscm (lb/dscf).

    3.5.10.3 In making this calculation, it is recommended that a safety 
margin of at least ten be included.

[LDLFORM  x  10 / FORM conc] Vtbc

where:

LDLFORM=detectable amount of FORM in entire sampling train.
Vtbc=minimum dry standard volume to be collected at dry-gas meter.

    3.5.10.4  The following analytical detection limits and DNPH Reagent 
Capacity (based on a total volume of 200 ml in two impingers) must also 
be considered in determining a volume to be sampled.

                         3.5.11  Quality Control

    3.5.11.1  Sampling: See EPA Manual 600/4-77-02b for Method 5 quality 
control.
    3.5.11.2  Analysis: The quality assurance program required for this 
method includes the analysis of the field and method blanks, procedure 
validations, and analysis of field spikes. The assessment of combustion 
data and positive identification and quantitation of formaldehyde are 
dependent on the integrity of the samples received and the precision and 
accuracy of the analytical methodology. Quality assurance procedures for 
this method are designed to monitor the performance of the analytical 
methodology and to provide the required information to take corrective 
action if problems are observed in laboratory operations or in field 
sampling activities.
    3.5.11.2.1  Field Blanks: Field blanks must be submitted with the 
samples collected at each sampling site. The field blanks include the 
sample bottles containing aliquots of sample recovery solvents, 
methylene chloride and water, and unused DNPH reagent. At a minimum, one 
complete sampling train will be assembled in the field staging area, 
taken to the sampling area, and leak-checked at the beginning and end of 
the testing (or for the same total number of times as the actual 
sampling train). The probe of the blank train must be heated during the 
sample test. The train will be recovered as if it were an actual test 
sample. No gaseous sample will be passed through the blank sampling 
train.
    3.5.11.2.2  Method Blanks: A method blank must be prepared for each 
set of analytical operations, to evaluate contamination and artifacts 
that can be derived from glassware, reagents, and sample handling in the 
laboratory.
    3.5.11.2.3  Field Spike: A field spike is performed by introducing 
200 L of the Field Spike Standard into an impinger containing 
200 ml of DNPH solution. Standard impinger recovery procedures are 
followed and the spike is used as a check on field handling and recovery 
procedures. An aliquot of the field spike standard is retained in the 
laboratory for derivatization and comparative analysis.

[[Page 652]]

                       3.5.12  Method Performance

    3.5.12.1  Method performance evaluation: The expected method 
performance parameters for precision, accuracy, and detection limits are 
provided in Table 3.5-3.

         Addition of a Filter to the Formaldehyde Sampling Train

    As a check on the survival of particulate material through the 
impinger system, a filter can be added to the impinger train either 
after the second impinger or after the third impinger. Since the 
impingers are in an ice bath, there is no reason to heat the filter at 
this point.
    Any suitable medium (e.g., paper, organic membrane) may be used for 
the filter if the material conforms to the following specifications:
    (1) the filter has at least 95% collection efficiency (<5% 
penetration) for 3 m dioctyl phthalate smoke particles. The 
filter efficiency test shall be conducted in accordance with ASTM 
standard method D2986-71. Test data from the supplier's quality control 
program are sufficient for this purpose.
    (2) the filter has a low aldehyde blank value (<0.015 mg 
formaldehyde/cm\2\ of filter area). Before the test series, determine 
the average formaldehyde blank value of at least three filters (from the 
lot to be used for sampling) using the applicable analytical procedures.

                           Table 3.5-3.-- Expected Method Performance for Formaldehyde                          
----------------------------------------------------------------------------------------------------------------
               Parameter                     Precision \1\            Accuracy \2\        Detection limits \3\  
----------------------------------------------------------------------------------------------------------------
Matrix: Dual trains...................  15% RPD      20%        1.5 x 10-7 lb/ft\3\ (1.8
                                                                                         ppbv).                 
----------------------------------------------------------------------------------------------------------------
\1\ Relative percent difference limit for dual trains.                                                          
\2\ Limit for field spike recoveries.                                                                           
\3\ The lower reporting limit having less than 1% probability of false positive detection.                      

    Recover the exposed filter into a separate clean container and 
return the container over ice to the laboratory for analysis. If the 
filter is being analyzed for formaldehyde, the filter may be recovered 
into a container or DNPH reagent for shipment back to the laboratory. If 
the filter is being examined for the presence of particulate material, 
the filter may be recovered into a clean dry container and returned to 
the laboratory.

   3.6  Analysis for Aldehydes and Ketones by High Performance Liquid 
                  Chromatography (HPLC) (Method 0011A)

                      3.6.1  Scope and Application

    3.6.1.1  Method 0011A covers the determination of free formaldehyde 
in the aqueous samples and leachates and derived aldehydes/ketones 
collected by method 0011.

------------------------------------------------------------------------
                       Compound name                          CAS No.\1\
------------------------------------------------------------------------
Formaldehyde...............................................      50-00-0
Acetaldehyde...............................................     75-07-0 
------------------------------------------------------------------------
\1\ Chemical Abstract Services Registry Number.                         

    3.6.1.2  Method 0011A is a high performance liquid chromatographic 
(HPLC) method optimized for the determination of formaldehyde and 
acetaldehyde in aqueous environmental matrices and leachates of solid 
samples and stack samples collected by method 0011. When this method is 
used to analyze unfamiliar sample matrices, compound identification 
should be supported by at least one additional qualitative technique. A 
gas chromatograph/mass spectrometer (GC/MS) may be used for the 
qualitative confirmation of results from the target analytes, using the 
extract produced by this method.
    3.6.1.3  The method detection limits (MDL) are listed in Tables 3.6-
1 and 3.6-2. The MDL for a specific sample may differ from that listed, 
depending upon the nature of interferences in the sample matrix and the 
amount of sample used in the procedure.
    3.6.1.4  The extraction procedure for solid samples is similar to 
that specified in method 1311 (1). Thus, a single sample may be 
extracted to measure the analytes included in the scope of other 
appropriate methods. The analyst is allowed the flexibility to select 
chromatographic conditions appropriate for the simultaneous measurement 
of contaminations of these analytes.

   Table 3.6-1.--High Performance Liquid Chromatography Conditions and  
         Method Detection Limits Using Solid Sorbent Extraction         
------------------------------------------------------------------------
                                                Retention   MDL (g/L) \1\ 
                                                (minutes)               
------------------------------------------------------------------------
Formaldehyde.................................          7.1          7.2 
------------------------------------------------------------------------
HPLC conditions: Reverse phase C18 column, 4.6  x  250 mm; isocratic    
  elution using methanol/water (75:25, v/v); flow rate 1.0 mL/min.;     
  detector 360 nm.                                                      
\1\ After correction for laboratory blank.                              


   Table 3.6-2.--High Performance Liquid Chromatography Conditions and  
       Method Detection Limits Using Methylene Chloride Extraction      
------------------------------------------------------------------------
                                                Retention   MDL (g/L) \1\ 
                                                (minutes)               
------------------------------------------------------------------------
Formaldehyde.................................          7.1           7.2
Acetaldehyde.................................          8.6       171 \1\
------------------------------------------------------------------------
HPLC conditions: Reverse phase C18 column, 4.6  x  250 mm; isocratic    
  elution using methanol/water (75:25, v/v); flow rate 1.0 mL/min.;     
  detector 360 nm.                                                      
\1\  These values include reagent blank concentrations of approximately 
  13 g/L formaldehyde and 130 g/L acetaldehyde.       


[[Page 653]]

    3.6.1.5  This method is restricted to use by, or under the 
supervision of analysts experienced in the use of chromatography and in 
the interpretation of chromatograms. Each analyst must demonstrate the 
ability to generate acceptable results with this method.
    3.6.1.6  The toxicity or carcinogenicity of each reagent used in 
this method has not been precisely defined; however, each chemical 
compound should be treated as a potential health hazard. From this 
viewpoint, exposure to these chemicals must be reduced to the lowest 
possible level by whatever means available. The laboratory is 
responsible for maintaining a current awareness file of OSHA regulations 
regarding the safe handling of the chemicals specified in this method. A 
reference file of material safety data sheets should also be made 
available to all personnel involved in the chemical analysis. Additional 
references to laboratory safety are available.
    3.6.1.7  Formaldehyde has been tentatively classified as a known or 
suspected, human or mammalian carcinogen.

                        3.6.2  Summary of Method

    3.6.2.1  Environmental Liquids and Solid Leachates.
    3.6.2.1.1  For wastes comprised of solids or for aqueous wastes 
containing significant amounts of solid material, the aqueous phase, if 
any, is separated from the solid phase and stored for later analysis. If 
necessary, the particle size of the solids in the waste is reduced. The 
solid phase is extracted with an amount of extraction fluid equal to 20 
times the weight of the solid phase of the waste. A special extractor 
vessel is used when testing for volatiles. Following extraction, the 
aqueous extract is separated from the solid phase by filtration 
employing 0.6 to 0.8 m glass fiber filters.
    3.6.2.1.2  If compatible (i.e., multiple phases will not form on 
combination), the initial aqueous phase of the waste is added to the 
aqueous extract, and these liquids are analyzed together. If 
incompatible, the liquids are analyzed separately and the results are 
mathematically combined to yield a volume weighted average 
concentration.
    3.6.2.1.3  A measured volume of aqueous sample or an appropriate 
amount of solids leachate is buffered to pH 5 and derivatized with 2,4-
dinitrophenylhydrazine (DNPH), using either the solid sorbent or the 
methylene derivatization/extraction option. If the solid sorbent option 
is used, the derivative is extracted using solid sorbent cartridges, 
followed by elution with ethanol. If the methylene chloride option is 
used, the derivative is extracted with methylene chloride. The methylene 
chloride extracts are concentrated using the Kuderna-Danish (K-D) 
procedure and solvent exchanged into methanol prior to HPLC analysis. 
Liquid chromatographic conditions are described which permit the 
separation and measurement of formaldehyde in the extract by absorbance 
detection at 360 nm.
    3.6.2.2  Stack Gas Samples Collected by Method 0011.
    3.6.2.2.1  The entire sample returned to the laboratory is extracted 
with methylene chloride and the methylene chloride extract is brought up 
to a known volume. An aliquot of the methylene chloride extract is 
solvent exchanged and concentrated or diluted as necessary.
    3.6.2.2.2  Liquid chromatographic conditions are described that 
permit the separation and measurement of formaldehyde in the extract by 
absorbance detection at 360 nm.

                          3.6.3  Interferences

    3.6.3.1  Method interferences may be caused by contaminants in 
solvents, reagents, glassware, and other sample processing hardware that 
lead to discrete artifacts and/or elevated baselines in the 
chromatograms. All of these materials must be routinely demonstrated to 
be free from interferences under the conditions of the analysis by 
analyzing laboratory reagent blanks.
    3.6.3.1.1  Glassware must be scrupulously cleaned. Clean all 
glassware as soon as possible after use by rinsing with the last solvent 
used. This should be followed by detergent washing with hot water, and 
rinses with tap water and distilled water. It should then be drained, 
dried. and heated in a laboratory oven at 130 deg.C for several hours 
before use. Solvent rinses with methanol may be substituted for the oven 
heating. After drying and cooling, glassware should be stored in a clean 
environment to prevent any accumulation of dust or other contaminants.
    3.6.3.1.2  The use of high purity reagents and solvents helps to 
minimize interference problems. Purification of solvents by distillation 
in all-glass systems may be required.
    3.6.3.2  Analysis for formaldehyde is especially complicated by its 
ubiquitous occurrence in the environment.
    3.6.3.3  Matrix interferences may be caused by contaminants that are 
coextracted from the sample. The extent of matrix interferences will 
vary considerably from source to source, depending upon the nature and 
diversity of the matrix being sampled. No interferences have been 
observed in the matrices studied as a result of using solid sorbent 
extraction as opposed to liquid extraction. If interferences occur in 
subsequent samples, some additional cleanup may be necessary.
    3.6.3.4  The extent of interferences that may be encountered using 
liquid chromatographic techniques has not been fully assessed. Although 
the HPLC conditions described allow for a resolution of the

[[Page 654]]

specific compounds covered by this method, other matrix components may 
interfere.

                     3.6.4  Apparatus and Materials

    3.6.4.1  Reaction vessel--250 ml Florence flask.
    3.6.4.2  Separatory funnel--205 ml, with Teflon stopcock.
    3.6.4.3  Kuderna-Danish (K-D) apparatus.
    3.6.4.3.1  Concentrator tube--10 ml graduated (Kontes K-570050-1025 
or equivalent). A ground glass stopper is used to prevent evaporation of 
extracts.
    3.6.4.3.2  Evaporation flask--500 ml (Kontes K-570001-500 or 
equivalent). Attach to concentrator tube with springs, clamps, or 
equivalent.
    3.6.4.3.3  Snyder column--Three ball macro (Kontes K-503000-0121 or 
equivalent).
    3.6.4.3.4  Snyder column--Two ball macro (Kontes K-569001-0219 or 
equivalent).
    3.6.4.3.5  Springs--\1/2\ inch (Kontes K-662750 or equivalent).
    3.6.4.4  Vials--10, 25 ml, glass with Teflon lined screw caps or 
crimp tops.
    3.6.4.5  Boiling chips--Solvent extracted with methylene chloride, 
approximately 10/40 mesh (silicon carbide or equivalent).
    3.6.4.6  Balance--Analytical, capable of accurately weighing to the 
nearest 0.0001 g.
    3.6.4.7  pH meter--Capable of measuring to the nearest 0.01 units.
    3.6.4.8  High performance liquid chromatograph (modular).
    3.6.4.8.1  Pumping system--Isocratic, with constant flow control 
capable of 1.00 ml/min.
    3.6.4.8.2  High pressure injection valve with 20 L loop.
    3.6.4.8.3  Column--250 mm  x  4.6 mm ID, 5 m particle size, 
C18 (or equivalent).
    3.6.4.8.4  Absorbance detector--360 nm.
    3.6.4.8.5  Strip-chart recorder compatible with detector--Use of a 
data system for measuring peak areas and retention times is recommended.
    3.6.4.9  Glass fiber filter paper.
    3.6.4.10  Solid sorbent cartridges--Packed with 500 mg C18 (Baker or 
equivalent).
    3.6.4.11  Vacuum manifold--Capable of simultaneous extraction of up 
to 12 samples (Supelco or equivalent).
    3.6.4.12  Sample reservoirs--60 ml capacity (Supelco or equivalent).
    3.6.4.13  Pipet--Capable of accurately delivering 0.10 ml solution 
(Pipetman or equivalent).
    3.6.4.14  Water bath--Heated, with concentric ring cover, capable of 
temperature control (() 2  deg.C). The bath should be used 
under a hood.
    3.6.4.15  Volumetric Flasks--250 or 500 ml.

                             3.6.5  Reagents

    3.6.5.1  Reagent grade chemicals shall be used in all tests. Unless 
otherwise indicated, it is intended that all reagents shall conform to 
the specifications of the Committee on Analytical Reagents of the 
American Chemical Society, where such specifications are available. 
Other grades may be used, provided it is first ascertained that the 
reagent is of sufficiently high purity to permit its use without 
lessening the accuracy of the determination.
    3.6.5.2  Organic-free water--All references to water in this method 
refer to organic-free reagent water, as defined in chapter I SW-846.
    3.6.5.3  Methylene chloride, CH2Cl2--HPLC grade or 
equivalent.
    3.6.5.4  Methanol, CH3OH--HPLC grade or equivalent.
    3.6.5.5  Ethanol (absolute), CH3CH2OH--HPLC grade or 
equivalent.
    3.6.5.6  2,4-Dinitrophenylhydrazine (DNPH) (70% (W/W)), [2,4-
(O2N)2C6H3]NHNH2, in organic-free reagent 
water.
    3.6.5.7  Formalin (37.6 percent (w/w)), formaldehyde in organic-free 
reagent water.
    3.6.5.8  Acetic acid (glacial), CH3CO2H.
    3.6.5.9  Sodium hydroxide solutions NaOH, 1.0 N and 5 N.
    3.6.5.10  Sodium chloride, NaCl.
    3.6.5.11  Sodium sulfite solution, Na2SO3, 0.1 M.
    3.6.5.12  Hydrochloric Acid, HCl, 0.1 N.
    3.6.5.13  Extraction fluid--Dilute 64.3 ml of 1.0 N NaOH and 5.7 ml 
glacial acetic acid to 900 ml with organic-free reagent water. Dilute to 
1 liter with organic-free reagent water. The pH should be 4.93 
0.02.
    3.6.5.14  Stock standard solutions.
    3.6.5.14.1  Stock formaldehyde (approximately 1.00 mg/ml)--Prepare 
by diluting 265 l formalin to 100 ml with organic-free reagent 
water.
    3.6.5.14.1.1  Standardization of formaldehyde stock solution--
Transfer a 25 ml aliquot of a 0.1 M Na2SO3 solution to a 
beaker and record the pH. Add a 25.0 ml aliquot of the formaldehyde 
stock solution (section 3.6.5.14.1) and record the pH. Titrate this 
mixture back to the original pH using 0.1 N HCl. The formaldehyde 
concentration is calculated using the following equation:

Concentration (mg/ml)=30.03 x (N HCl) x (ml HCl) 25.0

where:

N HCl=Normality of HCl solution used.
ml HCl=ml of standardized HCl solution used.
30.03=MW of formaldehyde.
    3.6.5.14.2  Stock formaldehyde and acetaldehyde--Prepare by adding 
265 L formalin and 0.1 g acetaldehyde to 90 ml of water and 
dilute to 100 ml. The concentration of acetaldehyde in this solution is 
1.00 mg/ml. Calculate the concentration of formaldehyde in this solution 
using the results of the assay performed in section 3.6.5.14.1.1.
    3.6.5.14.3  Stock standard solutions must be replaced after six 
months, or sooner, if

[[Page 655]]

comparison with check standards indicates a problem.
    3.6.5.15  Reaction Solutions.
    3.6.5.15.1  DNPH (1.00 g/L)--Dissolve 142.9 mg of 70% (w/w) 
reagent in 100 ml absolute ethanol. Slight heating or sonication may be 
necessary to effect dissolution.
    3.6.5.15.2  Acetate buffer (5 N) Prepare by neutralizing glacial 
acetic acid to pH 5 with 5 N NaOH solution. Dilute to standard volume 
with water.
    3.6.5.15.3  Sodium chloride solution (saturated) Prepare by mixing 
of the reagent grade solid with water.

          3.6.6  Sample Collection, Preservation, and Handling

    3.6.6.1  See the introductory material to this Chapter, Organic 
Analytes, section 4.1 of SW-846.
    3.6.6.2  Environmental liquid and leachate samples must be 
refrigerated at 4  deg.C, and must be derivatized within 5 days of 
sample collection and analyzed within 3 days of derivatization.
    3.6.6.3  Stack gas samples collected by Method 0011 must be 
refrigerated at 4  deg.C. It is recommended that samples be extracted 
within 30 days of collection and that extracts be analyzed within 30 
days of extraction.

                            3.6.7  Procedure

    3.6.7.1  Extraction of Solid Samples.
    3.6.7.1.1  All solid samples should be homogeneous. When the sample 
is not dry, determine the dry weight of the sample, using a 
representative aliquot.
    3.6.7.1.1.1  Determination of dry weight--In certain cases, sample 
results are desired based on a dry weight basis. When such data is 
desired, or required, a portion of sample for dry weight determination 
should be weighed out at the same time as the portion used for 
analytical determination.

    Warning: The drying oven should be contained in a hood or vented. 
Significant laboratory contamination may result from drying a heavily 
contaminated hazardous waste sample.

    3.6.7.1.1.2  Immediately after weighing the sample for extraction, 
weigh 5-10 g of the sample into a tared crucible. Determine the % dry 
weight of the sample by drying overnight at 105  deg.C. Allow to cool in 
a desiccator before weighing:

                                                                        
                    g of dry sample                                     
  % dry weight=   -------------------  x 100                            
                      g of sample                                       
                                                                        

    3.6.7.1.2  Measure 25 g of solid into a 500 ml bottle with a Teflon 
lined screw cap or crimp top, and add 500 ml of extraction fluid 
(section 3.6.5.13). Extract the solid by rotating the bottle at 
approximately 30 rpm for 18 hours. Filter the extract through glass 
fiber paper and store in sealed bottles at 4  deg.C. Each ml of extract 
represents 0.050 g solid.
    3.6.7.2  Cleanup and Separation.
    3.6.7.2.1  Cleanup procedures may not be necessary for a relatively 
clean sample matrix. The cleanup procedures recommended in this method 
have been used for the analysis of various sample types. If particular 
circumstances demand the use of an alternative cleanup procedure, the 
analyst must determine the elution profile and demonstrate that the 
recovery of formaldehyde is no less then 85% of recoveries specified in 
Table 3.6-3. Recovery may be lower for samples which form emulsions.
    3.6.7.2.2  If the sample is not clean, or the complexity is unknown, 
the entire sample should be centrifuged at 2500 rpm for 10 minutes. 
Decant the supernatant liquid from the centrifuge bottle, and filter 
through glass fiber filter paper into a container which can be tightly 
sealed.
    3.6.7.3  Derivatization.
    3.6.7.3.1  For aqueous samples, measure a 50 to 100 ml aliquot of 
the sample. Quantitatively transfer the sample aliquot to the reaction 
vessel (section 3.6.4.1).
    3.6.7.3.2  For solid samples, 1 to 10 ml of leachate (section 
3.6.7.1) will usually be required. The amount used for a particular 
sample must be determined through preliminary experiments.

               Table 3.6-3.--Single Operator Accuracy and Precision Using Solid Sorbent Extraction              
----------------------------------------------------------------------------------------------------------------
                                                               Average      Standard    Spike range             
              Analyte                      Matrix type         percent     deviation   (g/     No. of  
                                                               recovery     percent         L)         analyses 
----------------------------------------------------------------------------------------------------------------
Formaldehyde.......................  Reagent water.........           86          9.4       15-1430           39
                                     Final effluent........           90         11.0     46.8-1430           16
                                     Phenol formaldehyde              93         12.0      457-1430           15
                                      sludge.                                                                   
----------------------------------------------------------------------------------------------------------------

    Note: For all reactions, the total volume of the aqueous layer 
should be adjusted to 100 ml with water.

    3.6.7.3.3  Derivatization and extraction of the derivative can be 
accomplished using the solid sorbent (section 3.6.7.3.4) or methylene 
chloride option (section 3.6.7.3.5).
    3.6.7.3.4  Solid Sorbent Option.

[[Page 656]]

    3.6.7.3.4.1  Add 4 ml of acetate buffer and adjust the pH to 
5.00.1 with glacial acetic acid or 5 N NaOH. Add 6 ml of 
DNPH reagent, seal the container, and place on a wrist-action shaker for 
30 minutes.
    3.6.7.3.4.2  Assemble the vacuum manifold and connect to a water 
aspirator or vacuum pump. Assemble solid sorbent cartridges containing a 
minimum of 1.5 g of C18 sorbent, using connectors supplied by the 
manufacturer, and attach the sorbent train to the vacuum manifold. 
Condition each cartridge by passing 10 ml dilute acetate buffer (10 ml 5 
N acetate buffer dissolved in 250 ml water) through the sorbent 
cartridge train.
    3.6.7.3.4.3  Remove the reaction vessel from the shaker and add 10 
ml saturated NaCl solution to the vessel.
    3.6.7.3.4.4  Add the reaction solution to the sorbent train and 
apply a vacuum so that the solution is drawn through the cartridges at a 
rate of 3 to 5 ml/min. Release the vacuum after the solution has passed 
through the sorbent.
    3.6.7.3.4.5  Elute each cartridge train with approximately 9 ml of 
absolute ethanol, directly into a 10 ml volumetric flask. Dilute the 
solution to volume with absolute ethanol, mixed thoroughly, and place in 
a tightly sealed vial until analyzed.
    3.6.7.3.5  Methylene Chloride Option.
    3.6.7.3.5.1  Add 5 m of acetate buffer and adjust the pH to 
5.00.5 with glacial acetic acid or 5 N NaOH. Add 10 ml of 
DNPH reagent, seal the container, and place on a wrist-action shaker for 
1 hour.
    3.6.7.3.5.2  Extract the solution with three 20 ml portions of 
methylene chloride, using a 250 ml separatory funnel, and combine the 
methylene chloride layers. If an emulsion forms upon extraction, remove 
the entire emulsion and centrifuge at 2000 rpm for 10 minutes. Separate 
the layers and proceed with the next extraction.
    3.6.7.3.5.3  Assemble a Kuderna-Danish (K-D) concentrator by 
attaching a 10 ml concentrator tube to a 500 ml evaporator flask. Wash 
the K-D apparatus with 25 ml of extraction solvent to complete the 
quantitative transfer.
    3.6.7.3.5.4  Add one to two clean boiling chips to the evaporative 
flask and attach a three ball Snyder column. Preset the Snyder column by 
adding about 1 ml methylene chloride to the top. Place the K-D apparatus 
on a hot water bath (80-90  deg.C) so that the concentrator tube is 
partially immersed in the hot water and the entire lower rounded surface 
of the flask is bathed with hot vapor. Adjust the vertical position of 
the apparatus and the water temperature, as required, to complete the 
concentration in 10-15 min. At the proper rate of distillation the balls 
of the column will actively chatter, but the chambers will not flood 
with condensed solvent. When the apparent volume of liquid reaches 10 
ml, remove the K-D apparatus and allow it to drain and cool for a least 
10 min.
    3.6.7.3.5.5  Prior to liquid chromatographic analysis, the solvent 
must be exchanged to methanol. The analyst must ensure quantitative 
transfer of the extract concentrate. The exchange is performed as 
follows:
    3.6.7.3.5.5.1  Following K-D concentration of the methylene chloride 
extract to <10 ml using the macro Snyder column, allow the apparatus to 
cool and drain for at least 10 minutes.
    3.6.7.3.5.5.2  Momentarily remove the Snyder column, add 5 ml of the 
methanol, a new glass bed, or boiling chip, and attach the micro Snyder 
column. Concentrate the extract using 1 ml of methanol to prewet the 
Snyder column. Place the K-D apparatus on the water bath so that the 
concentrator tube is partially immersed in the hot water. Adjust the 
vertical position of the apparatus and the water temperature, as 
required, to complete concentration. At the proper rate of distillation 
the balls of the column will actively chatter, but the chambers will not 
flood. When the apparent volume of liquid reaches <5 ml, remove the K-D 
apparatus and allow it to drain and cool for at least 10 minutes.
    3.6.7.3.5.5.3  Remove the Snyder column and rinse the flask and its 
lower joint with 1-2 ml of methanol and add to concentrator tube. A 5-ml 
syringe is recommended for this operation. Adjust the extract volume to 
10 ml. Stopper the concentrator tube and store refrigerated at 4  deg.C 
if further processing will not be performed immediately. If the extract 
will be stored longer than two days, it should be transferred to a vial 
with a Teflon-lined screw cap or crimp top. Proceed with liquid 
chromatographic analysis if further cleanup is not required.
    3.6.7.4  Extraction of Stack Gas Samples Collected by Method 0011.
    3.6.7.4.1  Measure the aqueous volume of the sample prior to 
extraction (for moisture determination in case the volume was not 
measured in the field). Pour the sample into a separatory funnel and 
drain the methylene chloride into a volumetric flask.
    3.6.7.4.2  Extract the aqueous solution with two or three aliquots 
of methylene chloride. Add the methylene chloride extracts to the 
volumetric flask.
    3.6.7.4.3  Fill the volumetric flask to the line with methylene 
chloride. Mix well and remove an aliquot.
    3.6.7.4.4  If high levels of formaldehyde are present, the extract 
can be diluted with mobile phase, otherwise the extract must be solvent 
exchanged as described in section 3.6.7.5.3.3. If low levels of 
formaldehyde are present, the sample should be concentrated during the 
solvent exchange procedure.
    3.6.7.5  Chromatographic Conditions.

[[Page 657]]



Column....................................  C18, 250 mm x 4.6 mm ID, 5  
                                             m particle size   
Mobile Phase..............................  methanol/water, 75:25 (v/v),
                                             isocratic                  
Flow Rate.................................  1.0 ml/min                  
UV Detector...............................  360 nm                      
Injection Volume..........................  20 1               
                                                                        

    3.6.7.6  Calibration.
    3.6.7.6.1  Establish liquid chromatographic operating parameters to 
produce a retention time equivalent to that indicated in Table 3.6-1 for 
the solid sorbent options, or in Table 3.6-2 for methylene chloride 
option. Suggested chromatographic conditions are provided in section 
3.6.7.5. Prepare derivatized calibration standards according to the 
procedure in section 3.6.7.6.1.1. Calibrate the chromatographic system 
using the external standard technique (section 3.6.7.6.1.2).
    3.6.7.6.1.1  Preparation of calibration standards.
    3.6.7.6.1.1.1  Prepare calibration standard solutions of 
formaldehyde and acetaldehyde in water from the stock standard (section 
3.6.5.14.2). Prepare these solutions at the following concentrations (in 
g/ml) by serial dilution of the stock standard solution: 50, 
20, 10. Prepare additional calibration standard solutions at the 
following concentrations, by dilution of the appropriate 50, 20, or 10 
g/ml standard: 5, 0.5, 2, 0.2, 1, 0.1.
    3.6.7.6.1.1.2  Process each calibration standard solution through 
the derivatization option used for sample processing (section 3.6.7.3.4 
or 3.6.7.3.5).
    3.6.7.6.1.2  External standard calibration procedure.
    3.6.7.6.1.2.1  Analyze each derivatized calibration standard using 
the chromatographic conditions listed in Tables 3.6-1 and 3.6-2, and 
tabulate peak area against concentration injected. The results may be 
used to prepare calibration curves for formaldehyde and acetaldehyde.
    3.6.7.6.1.2.2  The working calibration curve must be verified on 
each working day by the measurement of one or more calibration 
standards. If the response for any analyte varies from the previously 
established responses by more the 10%, the test must be repeated using a 
fresh calibration standard after it is verified that the analytical 
system is in control. Alternatively, a new calibration curve may be 
prepared for that compound. If an autosampler is available, it is 
convenient to prepare a calibration curve daily by analyzing standards 
along with test samples.
    3.6.7.7  Analysis.
    3.6.7.7.1  Analyze samples by HPLC, using conditions established in 
section 3.6.7.6.1. Tables 3.6-1 and 3.6-2 list the retention times and 
MDLs that were obtained under these conditions. Other HPLC columns, 
chromatographic conditions, or detectors may be used if the requirements 
for section 3.6.8.1 are met, or if the data are within the limits 
described in Tables 3.6-1 and 3.6-2.
    3.6.7.7.2  The width of the retention time window used to make 
identifications should be based upon measurements of actual retention 
time variations of standards over the course of a day. Three times the 
standard deviation of a retention time for a compound can be used to 
calculate a suggested window size; however, the experience of the 
analyst should weigh heavily in the interpretation of the chromatograms.
    3.6.7.7.3  If the peak area exceeds the linear range of the 
calibration curve, a smaller sample volume should be used. 
Alternatively, the final solution may be diluted with ethanol and 
reanalyzed.
    3.6.7.7.4  If the peak area measurement is prevented by the presence 
of observed interferences, further cleanup is required. However, none of 
the 3600 method series have been evaluated for this procedure.
    3.6.7.8  Calculations.
    3.6.7.8.1  Calculate each response factor as follows (mean value 
based on 5 points):

                                                                        
                                        concentration of standard       
       RF              =       -----------------------------------------
                                           area of the signal           
                                                                        

[GRAPHIC] [TIFF OMITTED] TC01AU92.030


    3.6.7.8.2  Calculate the concentration of formaldehyde and 
acetaldehyde as follows:

g/ml=(RF) (area of signal) (concentration factor)

where:

                                                                        
                                             Final Volume of Extract    
   concentration factor         =      ---------------------------------
                                             Initial Extract Volume     
                                                                        

    Note: For solid samples, a dilution factor must be included in the 
equation to account for the weight of the sample used.

    3.6.7.8.3  Calculate the total weight of formaldehyde in the stack 
gas sample as follows:
total g/ml=(RF) (area of signal) (concentration factor)

where:


                                                                        
                                             Final Volume of Extract    
   concentration factor         =      ---------------------------------
                                             Initial Extract Volume     
                                                                        


[[Page 658]]

                         3.6.8  Quality Control

    3.6.8.1  Refer to Chapter One of SW-846 for guidance on quality 
control procedures.

                        3.6.9  Method Performance

    3.6.9.1  The MDL concentrations listed in Table 3.6-1 were obtained 
using organic-free water and solid sorbent extraction. Similar results 
were achieved using a final effluent and sludge leachate. The MDL 
concentrations listed in Table 3.6-2 were obtained using organic-free 
water and methylene chloride extraction. Similar results were achieved 
using representative matrices.
    3.6.9.2  This method has been tested for linearity of recovery from 
spiked organic-free water and has been demonstrated to be applicable 
over the range from 2 x MDL to 200 x MDL.
    3.6.9.3  In a single laboratory evaluation using several spiked 
matrices, the average recoveries presented in Tables 3.6-3 and 3.6-4 
were obtained using solid sorbent and methylene chloride extraction, 
respectively. The standard deviations of the percent recovery are also 
included in Tables 3.6-3 and 3.6-4.
    3.6.9.4  A representative chromatogram is presented in Figure 3.6-1.

[[Page 659]]

                           3.6.10  References

1. Federal Register, 1986, 51, 40643-40652; November 7.
2. EPA Methods 6010, 7000, 7041, 7060, 7131, 7421, 7470, 7740, and 7841, 
          Test Methods for Evaluating Solid Waste: Physical/Chemical 
          Methods. SW-846, Third Edition. September 1988. Office of 
          Solid Waste and Emergency Response, U.S. Environmental 
          Protection Agency, Washington, DC 20460.

            Table 3.6-4.--Single Operator Accuracy and Precision Using Methylene Chloride Extraction            
----------------------------------------------------------------------------------------------------------------
                                                               Average                                          
                                                               percent      Standard    Spike range     No. of  
              Analyte                      Matrix type         recovery    deviation   (g/    analyses 
                                                                 (x)      percent (p)       L)                  
----------------------------------------------------------------------------------------------------------------
Formaldehyde.......................  Reagent Water.........           91          2.5       50-1000            9
                                     Groundwater...........         92.5          8.2            50            6
                                     Liquids...............         69.6         16.3           250           12
Acetaldehyde.......................  Reagent Water.........         60.3          3.2       50-1000            9
                                     Groundwater...........         63.6         10.9            50           12
                                     Liquids (2 types).....         44.0         20.2           250           12
                                     Solids................         58.4          2.7     0.10-1.0a          12 
----------------------------------------------------------------------------------------------------------------
a Spike range in units of mg/g.                                                                                 
x = Average recovery expected for this method.                                                                  
p = Average standard deviation expected for this method.                                                        


[[Page 660]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.031


[[Page 661]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.032


[[Page 662]]

   SECTION 4.0  PROCEDURE FOR ESTIMATING THE TOXICITY EQUIVALENCY OF 
         CHLORINATED DIBENZO-P-DIOXIN AND DIBENZOFURAN CONGENERS

    PCDDs and PCDFs must be determined using the method given in section 
3.4 of this document. In this method, individual congeners or homologues 
\1\ are measured and then summed to yield a total PCDD/PCDF value. No 
toxicity factors are specified in the method to compute risks from such 
emissions.
---------------------------------------------------------------------------

    \1\ The term ``congener'' refers to any one particular member of the 
same chemical family; e.g., there are 75 congeners of chlorinated 
dibenzo-p-dioxins. The term ``homologue'' refers to a group of 
structurally related chemicals that have the same degree of 
chlorination. For example, there are eight homologues of CDs, 
monochlorinated through octachlorinated. Dibenzo-p-dioxins and 
dibenzofurans that are chlorinated at the 2,3,7, and 8 positions are 
denoted as ``2378'' congeners, except when 2,3,7,8-TCDD is uniquely 
referred to: e.g., 1,2,3,7,8-PeCDF and 2,3,4,7,8-PeCDF are both referred 
to as ``2378-PeCDFs.''
---------------------------------------------------------------------------

    For the purpose of estimating risks posed by emissions from boilers 
and industrial furnaces, however, specific congeners and homologues must 
be measured using the specified method and then multiplied by the 
assigned toxicity equivalence factors (TEFs), using procedures described 
in ``Interim Procedures for Estimating Risks Associated with Exposures 
to Mixtures of Chlorinated Dibenzo-p-Dioxins and Dibenzofurans (CDDs and 
CDFs) and 1989 Update,'' EPA/625/3-89/016, March 1989. The resulting 
2,3,7,8-TCDD equivalents value is used in the subsequent risk 
calculations and modeling efforts as discussed in the BIF final rule.
    The procedure for calculating the 2,3,7,8-TCDD equivalent is as 
follows:
    1. Using method 23, determine the concentrations of 2,7,3,8-
congeners of various PCDDs and PCDFs in the sample.
    2. Multiply the congener concentrations in the sample by the TEF 
listed in Table 4.0-1 to express the congener concentrations in terms of 
2,3,7,8-TCDD equivalent. Note that congeners not chlorinated at 2,3,7, 
and 8 positions have a zero toxicity factor in this table.
    3. Add the products obtained in step 2, to obtain the total 2,3,7,8-
TCDD equivalent in the sample.
    Sample calculations are provided in EPA document No. EPA/625/3-89/
016, March 1989, which can be obtained from the EPA, ORD Publications 
Office, Cincinnati, Ohio (Phone no. 513-569-7562).

   Table 4.0-1.--2,3,7,8-TCDD Toxicity Equivalence Factors (TEFs) \1\   
------------------------------------------------------------------------
                          Compound                            I-TEFs, 89
------------------------------------------------------------------------
Mono-, Di-, and TriCDDs.....................................       0    
2,3,7,8-TCDD................................................       1    
  Other TCDDs...............................................       0    
2,3,7,8-PeCDD...............................................       0.5  
  Other PeCDDs..............................................       0    
2,3,7,8-HxCDD...............................................       0.1  
  Other HxCDDs..............................................       0    
2,3,7,8-HpCDD...............................................       0.01 
  Other HpCDDs..............................................       0    
OCDD........................................................       0.001
Mono-, Di-, and TriCDFs.....................................       0    
2,3,7,8-TCDF................................................       0.1  
  Other TCDFs...............................................       0    
1,2,3,7,8-PeCDF.............................................       0.05 
2,3,4,7,8-PeCDF.............................................       0.5  
  Other PeCDFs..............................................       0    
2378-HxCDFs.................................................       0.1  
  Other HxCDFs..............................................       0    
2378-HpCDFs.................................................       0.01 
  Other HpCDFs..............................................       0    
OCDF........................................................       0.001 
------------------------------------------------------------------------
Reference: Adapted from NATO/CCMS, 1988a.                               
\1\ Interim Procedures for Estimating Risks Associated with Exposures to
  Mixtures of Chlorinated Dibenzo-p-Dioxins and Dibenzofurans (CDDs and 
  CDFs) 1989 Update EPA/625/3-89/016, March 1989.                       

 SECTION 5.0  HAZARDOUS WASTE COMBUSTION AIR QUALITY SCREENING PROCEDURE

    The HWCAQSP is a combined calculation/reference table approach for 
conservatively estimating short-term and annual average facility impacts 
for stack emissions. The procedure is based on extensive short-term 
modeling of 11 generic source types and on a set of adjustment factors 
for estimating annual average concentrations from short-term 
concentrations. Facility impacts may be determined based on the selected 
worst-case stack or on multiple stacks, in which the impacts from each 
stack are estimated separately and then added to produce the total 
facility impact.
    This procedure is most useful for facilities with multiple stacks, 
large source-to-property boundary distances, and complex terrain between 
1 and 5 km from the facility. To ensure a sufficient degree of 
conservatism, the HWCAQSP may not be used if any of the five screening 
procedure limitations listed below are true:
     The facility is located in a narrow valley less than 1 km 
wide;
     The facility has a stack taller than 20 m and is located 
such that the terrain rises to the stack height within 1 km of the 
facility;
     The facility has a stack taller than 20 m and is located 
within 5 km of the shoreline of a large body of water;
     The facility property line is within 200 m of the stack and 
the physical stack height is less than 10 m; or
     On-site receptors are of concern, and stack height is less 
than 10 m.

[[Page 663]]

    If any of these criteria are met or the Director determines that 
this procedure is not appropriate, then detailed site-specific modeling 
or modeling using the ``Screening Procedures for Estimating the Air 
Quality Impact of Stationary Sources,'' EPA -450/4-88-010, Office of Air 
Quality Planning and Standards, August 1988, is required. Detailed site-
specific dispersion modeling must conform to the EPA ``Guidance on Air 
Quality Models (Revised)'', EPA 450/2-78-027R, Office of Air Quality 
Planning and Standards, Research Triangle Park, North Carolina, July 
1986. This document provides guidance on both the proper selection and 
regulatory application of air quality models.

                              Introduction

    The Hazardous Waste Combustion Air Quality Screening Procedure 
(HWCAQSP) (also referred to hereafter as ``the screening procedure'' or 
``the procedure'') provides a quick, easy method for estimating maximum 
(hourly) and annual average ambient air impacts associated with the 
combustion of hazardous waste. The methodology is conservative in nature 
and estimates dispersion coefficients \1\ based on facility-specific 
information.
---------------------------------------------------------------------------

    \1\ The term dispersion coefficient refers to the change in ambient 
air concentration (g/m\3\) resulting from a source with an 
emission rate of 1 g/sec.
---------------------------------------------------------------------------

    The screening procedure can be used to determine emissions limits at 
sites where the nearest meteorological (STAR) station is not 
representative of the meteorology at the site. If the screen shows that 
emissions from the site are adequately protective, then the need to 
collect site-specific meteorological data can be eliminated.
    The screening procedure is generally most helpful for facilities 
meeting one or more of the following conditions:
     Multiple stacks with substantially different release 
specifications (e.g., stack heights differ by >50 percent, exit 
temperatures differ by >50  deg.K, or the exit flow rates differ by more 
than a factor of 2),
     Terrain located between 1 km and 5 km from the site 
increases in elevation by more than the physical height of the shortest 
stack (i.e., the facility is located in complex terrain), or
     Significant distance between the facility's stacks and the 
site boundary [guidance on determining whether a distance is 
``significant'' is provided in Step 6(B) of the procedure].
    Steps 1 through 9 of the screening procedure present a simplified 
method for determining emissions based on the use of the ``worst-case'' 
stack. If the simplified method shows that desired feed rates result in 
emissions that exceed allowable limits for one or more pollutants, a 
refined analysis to examine the emissions from each stack can be 
conducted. This multiple-stack method is presented in Step 10.
    The steps involved in screening methodology are as follows:

Step 1. Define Source Characteristics
Step 2. Determine the Applicability of the Screening Procedure
Step 3. Select the Worst-Case Stack
Step 4. Verify Good Engineering Practice (GEP) Criteria
Step 5. Determine the Effective Stack Height and Terrain-Adjusted 
Effective Stack Height
Step 6. Classify the Site as Urban or Rural
Step 7. Determine Maximum Dispersion Coefficients
Step 8. Estimate Maximum Ambient Air Concentrations
Step 9. Determine Compliance With Regulatory Limits
---------------------------------------------------------------------------

    \2\ Worksheet space is provided for three stacks. If the facility 
has additional stacks, copy the form and revise stack identification 
numbers for 4, 5, etc.
---------------------------------------------------------------------------

Step 10. Multiple Stack Method

                  Step 1: Define Source Characteristics

    Provide the following source data: \2\

------------------------------------------------------------------------
                                       Stack No.   Stack No.   Stack No.
             Stack Data:                   1           2           3    
------------------------------------------------------------------------
Physical stack height (m)...........   ________    ________    ________ 
Exhaust temperature ( deg.K)........   ________    ________    ________ 
Flow rate (m\3\/sec)................   ________    ________    ________ 
------------------------------------------------------------------------

                       Nearby Building Dimensions

    Consider all buildings within five building heights or five maximum 
projected widths of the stack(s). For the building with the greatest 
height, fill in the spaces below.

Building Height (m)_____________________________________________________
Maximum projected building width (m)____________________________________

                           Nearby Terrain Data

    Determine maximum terrain rise for the following three distance 
ranges from the facility (not required if the highest stack is less than 
10 m in height):

      ________(m)              ________(m)              ________(m)     
        0-0.5 km                 0-2.5 km                 0-5 km        
                                                                        

Distance from facility to nearest shoreline (km)________________________
Valley width (km)_______________________________________________________

     Step 2: Determine the Applicability of the Screening Procedure

    Fill in the following data:

[[Page 664]]



                                                                        
                                                       Yes         No   
                                                                        
Is the facility in a valley < km in width?........     ______     ______
Is the terrain rise within 1 km of the facility                         
 greater than the physical stack height of the                          
 tallest stack? (Only applies to stacks 20 meters in height)..........................     ______     ______
Is the distance to the nearest shoreline <5 km?                         
 (Only applies to facilities with stacks 20 meters in height)..........................     ______     ______
For the building listed in Step 1, is the closest                       
 property boundary <5 times the building height or                      
 <5 times the maximum projected building width?                         
 (Only applies to facilities with a stack height                        
 <2.5 times the building height)..................     ______     ______
                                                                        

    If the answer is ``no'' to all the preceding questions, then the 
HWCAQSP is acceptable. If the answer to any question is ``yes'', the 
procedure is not acceptable.

                   Step 3: Select the Worst-Case Stack

    If the facility has several stacks, a worst-case stack must be 
chosen to conservatively represent release conditions at the facility. 
Follow the steps below to identify the worst-case stack.
    Apply the following equation to each stack:

K=HVT

where:

K=an arbitrary parameter accounting for the relative influence of the 
          stack height and plume rise.
H=Physical stack height (m)
V=Flow rate (m\3\/sec)
T=Exhaust temperature ( deg.K)
    Complete the following table to compute the ``K'' value for each 
stack:

[[Page 665]]



------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
             Stack No.                       Stack height (m)            x          Flow rate (m\3\/sec)          x           Exit temp ( deg.K)           =                    K               
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1..................................     __________________________       x       __________________________       x       __________________________       =         ______________________     
2..................................     __________________________       x       __________________________       x       __________________________       =         ______________________     
3..................................     __________________________       x       __________________________       x       __________________________       =         ______________________     
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 666]]

    Select the stack with the lowest ``K'' value. This is the worst-case 
stack that will be used for Steps 4 through 9.

    Worst-Case Stack is identified as Stack No. ______

         Step 4: Verify Good Engineering Practice (GEP) Criteria

    Confirm that the selected worst-case stack meets Good Engineering 
Practice (GEP) criteria. The stack height to be used in the subsequent 
steps of this procedure must not be greater than the maximum GEP. 
Maximum and minimum GEP stack heights are defined as follows:

CEP (minimum)=H+(1.5 x L)
GEP (maximum)=greater of 65 m or H+(1.5 x L)
where:

H=height of the building selected in Step 1 measured from ground level 
          elevation at the base of the stack
L=the lesser dimension of the height or projected width of the building 
          selected in Step 1
    Record the following data for the worst-case stack:

Stack height (m)=__________
H(m)=__________
L(m)=__________

    Then compute the following:

GEP (minimum) (m)=__________
GEP (maximum) (m)=__________

     If the physical height of the worst-case stack exceeds the 
maximum GEP, then use the maximum GEP stack height for the subsequent 
steps of this analysis;
     If the physical height of the worst-case stack is less than 
the minimum GEP, then use generic source number 11 as the selected 
source for further analysis and proceed directly to Step 6;
     If the physical height of the worst-case stack is between 
the minimum and maximum GEP, then use the actual physical stack height 
for the subsequent steps of this analysis.

 Step 5: Determine the Effective Stack Height and the Terrain-Adjusted 
                     Effective Stack Height (TAESH)

    The effective stack height is an important factor in dispersion 
modeling. The effective stack height is the physical height of the stack 
plus plume rise. As specified in Step 4, the stack height used to 
estimate the effective stack height must not exceed GEP requirements. 
Plume rise is a function of the stack exit gas temperature and flow 
rate.
    In this analysis, the effective stack height is used to select the 
generic source that represents the dispersion characteristics of the 
facility. For facilities located in flat terrain and for all facilities 
with worst-case stacks less than or equal to 10 meters in height, 
generic source numbers are selected strictly on the basis of effective 
stack height. In all other cases, the effective stack height is further 
adjusted to take into account the terrain rise near the facility. This 
``terrain-adjusted effective stack height'' (TAESH) is then used to 
select the generic source number that represents the dispersion 
characteristics of the facility. Follow the steps below to identify the 
effective stack height, the TAESH (where applicable), and the 
corresponding generic source number.
    (A) Go to Table 5.0-1 and find the plume rise value corresponding to 
the stack temperature and exit flow rate for the worst-case stack 
determined in Step 3.

Plume rise=________(m)

    (B) Add the plume rise to the GEP stack height of the worst-case 
stack determined in Steps 3 and 4.

                                                                        
                                                         Effective stack
     GEP stack height (m)       +   Plume rise (m)    =     height (m)  
                                                                        
           ________             +      ________       =      ________   
                                                                        

    (C) Go to the first column of Table 5.0-2 and identify the range of 
effective stack heights that includes the effective stack height 
estimated in Step 5(B). Record the generic source number that 
corresponds to this range.

Generic source number=__________

    (D) If the source is located in flat terrain \3\, or if the generic 
source number identified in Step 5(C) above is 1 or 11 (regardless of 
terrain classification), use the generic source number determined in 
Step 5(C) and proceed directly to Step 6. Otherwise, continue to Step 
5(E).
---------------------------------------------------------------------------

    \3\ The terrain is considered flat and terrain adjustment factors 
are not used if the maximum terrain rise within 5 km of the facility 
(see Step 1) is less than 10 percent of the physical stack height of the 
worst-case stack.
---------------------------------------------------------------------------

    (E) For those situations where the conditions in Step 5(D) do not 
apply, the effective stack height must be adjusted for terrain. The 
TAESH for each distance range is computed by subtracting the terrain 
rise within the distance range from the effective stack height.\4\
---------------------------------------------------------------------------

    \4\ Refer to Step 1 for terrain adjustment data. Note that the 
distance from the source to the outer radii of each range is used. For 
example, for the range >0.5-2.5 km, the maximum terrain rise in the 
range 0.0-2.5 km is used.

[[Page 667]]



                            Table 5.0-1.--Estimated Plume Rise (in Meters) Based on Stack Exit Flow Rate and Gas Temperature                            
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Exhaust Temperature ( deg.K)                                                              
---------------------------------------------------------------------------------------------------------------------------------------------------------
                  Flow rate (m\3\/s)                    <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
--------------------------------------------------------------------------------------------------------------------------------------------------------


             Table 5.0-2--Selection of Generic Source Number            
------------------------------------------------------------------------
                                                               Generic  
                 Effective stack height (m)                   source No.
------------------------------------------------------------------------
<10.0......................................................            1
10.0-14.9..................................................            2
15.0-19.9..................................................            3
20.0-24.9..................................................            4
25.0-30.9..................................................            5
31.0-41.9..................................................            6
42.0-52.9..................................................            7
53.0-64.9..................................................            8
65.0-122.9.................................................            9
113.0+.....................................................           10
Downwash...................................................           11
------------------------------------------------------------------------


             Table 5.0-3.--Classification of Land Use Types             
------------------------------------------------------------------------
                                                     Urban or rural     
     Type \1\              Description              designation \2\     
------------------------------------------------------------------------
I1                  Heavy Industrial.........  Urban                    
I2                  Light/Moderate Industrial  Urban                    
Cl                  Commercial...............  Urban                    
R1                  Common Residential         Rural                    
                     (Normal Easements).                                
R2                  Compact Residential        Urban                    
                     (Single Family).                                   
R3                  Compact Residential        Rural                    
                     (Multi-Family).                                    
R4                  Estate Residential (Multi- Rural                    
                     Acre Plots).                                       
A1                  Metropolitan Natural.....  Rural                    
A2                  Agricultural.............  Rural                    
A3                  Undeveloped (Grasses/      Rural                    
                     Weeds).                                            
A4                  Undeveloped (Heavily       Rural                    
                     Wooded).                                           
A5                  Water Surfaces...........  Rural                    
------------------------------------------------------------------------
\1\ EPA, Guideline on Air Quality Models (Revised), EPA-450/2-78-027R,  
  Office of Air Quality Planning and Standards, Research Triangle Park, 
  North Carolina, July, 1986.                                           
\2\ Auer, August H. Jr., ``Correlation of Land Use and Cover with       
  meteorological Anomalies,'' Journal of Applied Meteorology, pp. 636-  
  643, 1978.                                                            


[[Page 668]]


----------------------------------------------------------------------------------------------------------------
                                       Effective stack--                                                        
        Distance range (km)          height (m) [see step    -  Maximum terrain--rise   =         TAESH(m)      
                                             5(B)]                 (m) (see step 1)                             
----------------------------------------------------------------------------------------------------------------
0.0-0.5...........................         ________          -         ________         =         ________      
>0.5-2.5..........................         ________          -         ________         =         ________      
>2.5-5.0..........................         ________          -         ________         =         ________      
----------------------------------------------------------------------------------------------------------------

    If the terrain rise for any of the distance ranges is greater than 
the effective stack height, set the TAESH equal to zero and use generic 
source number 1 for that distance range.
    Record the generic source numbers from Table 5.0-2 based on each of 
the TAESH values.

------------------------------------------------------------------------
                                            Generic source No. (after   
          Distance range (km)                  terrain adjustment)      
------------------------------------------------------------------------
0.0-0.5................................            ____________         
>0.5-2.5...............................            ____________         
>2.5-5.0...............................            ____________         
------------------------------------------------------------------------

    Step 6: Classify the Site as Urban or Rural
    (A) Classify the land use near the facility as either urban or rural 
by determining the percentage of urban land use types (as defined in 
Table 3; for further guidance see the footnoted references) that fall 
within 3 km of the facility.\5\
---------------------------------------------------------------------------

    \5\ The delineation of urban and rural areas, can be difficult for 
the residential-type areas listed in Table 5.0-3. The degree of 
resolution in Table 5.0-3 for residential areas often cannot be 
identified without conducting site area inspections. This process can 
require extensive analysis, which, for many applications, can be greatly 
streamlined without sacrificing confidence in selecting the appropriate 
urban or rural classification. The fundamental simplifying assumption is 
based on the premise that many applications will have clear-cut urban/
rural designations, i.e., most will be in rural settings that can be 
definitively characterized through a review of aerial photographs, 
zoning maps, or U.S. Geological Survey topographical maps.

Method Used to Estimate Percent      Visual             Planimeter      
 Urban Land Use:                                                        
                                     ______             ______          
Estimated Percentages..............  Urban              Rural           
                                     ______             ______          
                                                                        

    If the urban land use percentage is less than or equal to 30 percent 
based on a visual estimate, or 50 percent based on a planimeter, the 
local land use is considered rural. Otherwise, the local land use is 
considered urban.

Classification.....................  Urban              Rural           
(check applicable space)...........  ______             ______          
                                                                        

    (B) Based on the TAESH and the urban/rural classification of 
surrounding land use, use the following table to determine the threshold 
distance between any stack and the nearest facility boundary.

------------------------------------------------------------------------
                                                           Distance (m) 
    Terrain adjusted effective stack height range (m)    ---------------
                                                           Urban   Rural
------------------------------------------------------------------------
1-9.9...................................................     200     200
10-14.9.................................................     200     250
15-19.9.................................................     200     250
20-24.9.................................................     200     350
25-30.9.................................................     200     450
31-41.9.................................................     200     550
42-52.9.................................................     250     800
53-64.9.................................................     300    1000
65-112.9................................................     400    1200
113+....................................................     700    2500
------------------------------------------------------------------------

    Record the following information:

Threshold distance from the table
(m): ____
Minimum distance from any stack to property boundary (m): ____

    If the minimum distance between any stack and the nearest facility 
boundary is greater than the threshold distance, the surrounding buffer 
distance is considered significant and the facility is likely to benefit 
from use of the HWCAQSP relative to the Tier I and II limits (see 
discussion of benefits from using HWCAQSP in Introduction section).

            Step 7: Determine Maximum Dispersion Coefficients

    (A) Determine maximum average hourly dispersion coefficients. Based 
on the results of Step 6(A), select either Table 5.0-4 (urban) or Table 
5.0-5 (rural) to determine the maximum average hourly dispersion 
coefficient.\6\ For flat terrain [defined in Step 5(D)] and for

[[Page 669]]

all sites with generic source numbers 1 or 11, use Step 7(A) (1). For 
rolling or complex terrain (excluding generic sources numbers 1 and 11), 
use Step 7(A) (2).
---------------------------------------------------------------------------

    \6\ For the distance range 6 to 20 kilometers, generic source number 
1 is used to conservatively represent the maximum dispersion 
coefficient.
---------------------------------------------------------------------------

    (1) Search down the appropriate generic source number column [based 
on Step 5(C)], beginning at the minimum fenceline distance listed in 
Step 6(B).\7\ Record the maximum average hourly dispersion coefficient 
encountered.
---------------------------------------------------------------------------

    \7\ Exclude all distances that are closer to the facility than the 
property boundary. For example, if the actual distance to the nearest 
property boundary is 265 meters, begin at the 300 meter distance in 
Tables 5.0-4 and 5.0-5.

Maximum Average Hourly Dispersion Coefficient=____(g/m\3\/g/
---------------------------------------------------------------------------
          sec)

    (2) For each of the three distance-based generic source numbers 
listed in Step 5(E), search down the appropriate generic source number 
columns, beginning at the minimum fenceline distance listed in Step 
6(B). Note that different columns may be used for each of the three 
distance ranges if there is a need for terrain adjustment. Record the 
maximum dispersion coefficient for each generic source number.

------------------------------------------------------------------------
                                                            Maximum     
                                                           dispersion   
       Distance range (km)         Generic source No.     coefficient   
                                    [from Step 5(E)]   (g/m\3\/
                                                             m/sec)     
------------------------------------------------------------------------
0.0-0.5..........................       ________            ________    
>0.5-2.5.........................       ________            ________    
>2.5-5.0.........................       ________            ________    
>5.0-20.0........................       ________            ________    
------------------------------------------------------------------------


[[Page 670]]


                                  Table 5.0-4.--ISCST Predicted Maximum Concentrations (g/m\3\)a for Hazardous Waste Combustors Using Urban Conditions                                 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Generic     Generic     Generic     Generic     Generic     Generic     Generic     Generic     Generic     Generic     Generic 
                        Distance (KM)                          Source 1   Source 2   Source 3   Source 4   Source 5   Source 6   Source 7   Source 8   Source 9  Source 10  Source 11
                                                                (<10M)       (10M)       (15M)       (20M)       (25M)       (31M)       (42M)       (53M)       (65M)      (113M)    (Downwash)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
0.20........................................................       680.1       517.5       368.7       268.7       168.5       129.8        63.4        30.1        18.4         1.6       662.3
0.25........................................................       521.9       418.2       303.7       232.6       163.0       124.2        67.6        38.5        19.8         3.2       500.0
0.30........................................................       407.7       351.7       256.2       199.0       147.0       118.3        63.5        41.5        25.0         4.2       389.3
0.35........................................................       326.2       304.2       221.6       172.7       130.2       107.9        60.0        40.5        27.3         5.4       311.9
0.40........................................................       268.5       268.5       195.6       152.5       115.7        97.1        59.6        37.8        27.4         5.8       268.5
0.45........................................................       240.8       240.7       175.4       136.7       103.9        87.6        56.6        37.2        26.3         5.8       240.8
0.50........................................................       218.5       218.5       159.2       124.1        94.4        79.7        52.9        36.7        24.7         5.8       218.5
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
0.55........................................................       200.3       200.3       145.9       113.8        86.5        73.1        49.2        35.4        24.5         6.6       200.3
0.60........................................................       185.1       185.1       134.9       105.1        80.0        67.6        45.8        33.8        24.3         7.1       185.1
0.65........................................................       172.2       172.2       125.5        97.8        74.4        62.9        42.7        32.0        23.7         7.4       172.2
0.70........................................................       161.2       161.2       117.4        91.6        69.6        58.9        40.1        30.2        22.9         7.5       161.2
0.75........................................................       151.6       151.6       110.5        86.1        65.5        55.4        37.7        28.6        22.0         7.5       151.6
0.80........................................................       143.2       143.2       104.4        81.4        61.9        52.3        35.6        27.1        21.1         7.4       143.2
0.85........................................................       135.8       135.8        99.0        77.2        58.7        49.6        33.8        25.7        20.2         7.2       135.8
0.90........................................................       129.2       129.2        94.2        73.4        55.8        47.2        32.1        24.5        19.3         7.0       129.2
0.95........................................................       123.3       123.3        89.9        70.1        53.3        45.0        30.7        23.4        18.5         6.8       123.3
1.00........................................................       118.0       118.0        86.0        67.0        51.0        43.1        29.4        22.4        17.7         6.5       118.0
1.10........................................................       108.8       108.0        79.3        61.8        47.0        39.7        27.1        20.6        16.4         6.5       108.8
1.20........................................................       101.1       101.1        73.7        57.4        43.7        36.9        25.2        19.2        15.2         6.4       101.1
1.30........................................................        94.6        94.6        68.9        53.7        40.9        34.5        23.5        18.0        14.2         6.3        94.6
1.40........................................................        89.0        89.0        64.8        50.6        38.5        32.5        22.1        16.9        13.4         6.1        89.0
1.50........................................................        84.1        84.1        61.3        47.8        36.3        30.7        20.9        16.0        12.7         5.9        84.1
1.60........................................................        79.8        79.8        58.2        45.4        34.5        29.2        19.9        15.2        12.0         5.6        79.8
1.70........................................................        76.0        76.0        55.4        43.2        32.9        27.8        18.9        14.4        11.4         5.4        76.0
1.80........................................................        72.7        72.7        53.0        41.3        31.4        26.5        18.1        13.8        10.9         5.2        72.7
1.90........................................................        69.6        69.6        50.7        39.6        30.1        25.4        17.3        13.2        10.5         5.0        69.6
2.00........................................................        66.9        66.9        48.8        38.0        28.9        24.4        16.7        12.7        10.1         4.8        66.9
2.25........................................................        61.1        61.1        44.5        34.7        26.4        22.3        15.2        11.6         9.2         4.4        61.1
2.50........................................................        56.4        56.4        41.1        32.1        24.4        20.6        14.0        10.7         8.5         4.1        56.4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2.75........................................................        52.6        52.6        38.3        29.9        22.7        19.2        10.0        10.0         7.9         3.8        52.6
3.00........................................................        49.3        49.3        35.9        28.0        21.3        18.0         9.4         9.4         7.4         3.6        49.3
4.00........................................................        40.2        40.2        29.3        22.8        17.4        14.7         7.6         7.6         6.1         2.9        40.2
5.00........................................................        34.5        34.5        25.2        19.6        14.9        12.6         6.6         6.6         5.2         2.5        34.5
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
6.00........................................................        30.7        30.7        30.7        30.7        30.7        30.7        30.7        30.7        30.7        30.7        30.7
7.00........................................................        27.8        27.8        27.8        37.8        27.8        27.8        27.8        27.8        27.8        27.8        27.8
                                                                                                                                                                                                

[[Page 671]]

                                                                                                                                                                                                
8.00........................................................        25.5        25.5        25.5        25.5        25.5        25.5        25.5        25.5        25.5        25.5        25.5
9.00........................................................        23.8        23.8        23.8        23.8        23.8        23.8        23.8        23.8        23.8        23.8        23.8
10.00.......................................................        22.3        22.3        22.3        22.3        22.3        22.3        22.3        22.3        22.3        22.3        22.3
15.00.......................................................        17.6        17.6        17.6        17.6        17.6        17.6        17.6        17.6        17.6        17.6        17.6
20.00.......................................................        15.0        15.0        15.0        15.0        15.0        15.0        15.0        15.0        15.0       15.01        15.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
a Based on a 1 Gram/Second Emission Rate                                                                                                                                                        


[[Page 672]]


                                  Table 5.0-5.--ISCST Predicted Maximum Concentrations (g/m\3\)a for Hazardous Waste Combustors Using Rural Conditions                                 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Generic     Generic     Generic     Generic     Generic     Generic     Generic     Generic     Generic     Generic     Generic 
                        Distance (KM)                          source 1   source 2   source 3   source 4   source 5   source 6   source 7   source 8   source 9  source 10  source 11
                                                                (<10M)       (10M)       (15M)       (20M)       (25M)       (31M)       (42M)       (53M)       (65M)      (113M)    (Downwash)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
0.20........................................................      1771.1       670.3       308.6       176.8       102.8        76.5        28.0        10.1         3.5         0.0      1350.8
0.25........................................................      1310.6       678.4       316.9       183.6       104.6        71.8        38.0        17.6         7.9         0.2      1227.3
0.30........................................................      1002.3       629.2       303.4       199.1       100.4        75.0        39.7        24.0        12.6         0.8      1119.3
0.35........................................................       798.4       569.6       282.3       200.7       117.0        71.1        36.3        25.9        16.8         1.9      1023.8
0.40........................................................       656.9       516.5       278.7       194.4       125.2        82.7        25.3        24.6        18.1         3.1       938.9
0.45........................................................       621.5       471.1       277.6       184.3       127.5        89.7        35.6        21.7        17.6         4.3       851.8
0.50........................................................       633.5       432.4       272.0       172.7       125.7        92.9        34.4        21.6        15.9         5.5       787.8
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
0.55........................................................       630.1       399.2       263.8       168.0       121.6        93.3        38.6        22.1        13.6         6.5       730.6
0.60........................................................       616.6       370.4       254.0       169.1       116.2        91.8        42.6        21.7        14.3         6.7       676.4
0.65........................................................       596.7       345.4       243.6       168.1       110.3        89.2        45.3        20.9        14.7         6.4       633.4
0.70........................................................       573.2       323.4       232.9       165.6       104.5        85.8        47.0        23.3        14.6         5.9       592.0
0.75........................................................       546.9       304.0       222.3       162.0        98.8        82.2        47.7        25.5        14.3         5.5       554.6
0.80........................................................       520.9       286.8       212.1       157.7        98.8        78.5        47.8        27.1        13.8         5.1       522.1
0.85........................................................       495.7       271.5       202.4       153.0        99.0        74.9        47.4        28.3        15.0         4.7       491.8
0.90........................................................       471.5       257.8       193.3       148.1        98.6        71.4        46.6        29.1        16.3         4.5       464.2
0.95........................................................       448.5       245.4       184.7       143.1        97.6        72.3        45.6        29.6        17.3         4.2       438.9
1.00........................................................       426.8       234.2       176.8       138.1        96.3        72.6        44.4        29.8        18.2         4.0       415.8
1.10........................................................       387.5       214.7       162.5       128.2        91.9        71.1        41.8        29.5        19.3         3.9       375.0
1.20........................................................       353.5       198.4       150.3       119.3        87.4        69.1        39.1        28.6        19.8         4.1       340.3
1.30........................................................       323.0       189.6       139.9       111.5        82.9        66.7        36.6        27.5        19.8         4.2       310.4
1.40........................................................       296.6       182.2       130.8       104.5        78.7        64.2        34.3        26.2        19.5         4.2       284.6
1.50........................................................       273.3       174.6       122.9        98.3        74.7        61.6        32.3        24.9        19.0         4.2       262.0
1.60........................................................       252.7       167.0       115.9        92.8        71.0        59.1        31.8        23.6        18.4         4.2       242.2
1.70........................................................       234.5       159.6       109.7        87.9        67.6        56.7        31.6        22.5        17.7         4.3       224.7
1.80........................................................       218.3       152.4       104.1        83.5        64.4        54.3        31.3        21.4        17.0         4.5       211.9
1.90........................................................       203.7       145.6        99.1        79.5        61.5        52.1        30.9        20.4        16.3         4.8       198.4
2.00........................................................       190.7       139.1        94.6        75.9        58.8        50.0        30.4        19.5        15.7         5.1       186.3
2.25........................................................       164.4       124.5        85.1        68.3        53.0        45.4        28.9        18.1        14.2         5.4       160.8
2.50........................................................       143.7       112.1        77.3        62.1        48.2        41.4        27.2        17.9        12.9         5.5       140.7
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2.75........................................................       127.0       101.5        70.9        56.9        38.1        38.1        25.6        17.5        11.8         5.4       124.5
3.00........................................................       113.4        92.4        65.6        52.6        35.2        35.2        24.0        17.0        11.2         5.2       112.5
4.00........................................................        78.8        67.3        50.6        40.6        27.2        27.2        29.0        14.3        10.4         4.3        78.3
5.00........................................................        59.1        54.6        41.4        33.2        22.2        22.2        15.6        12.0         9.3         3.5        58.8
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
6.00........................................................        56.7        46.7        46.7        46.7        46.7        46.7        46.7        46.7        46.7        46.7        46.7
7.00........................................................        40.4        40.4        40.4        40.4        40.4        40.4        40.4        40.4        40.4        40.4        40.4
8.00........................................................        35.8        35.8        35.8        35.8        35.8        35.8        35.8        35.8        35.8        35.8        35.8
9.00........................................................        32.2        32.2        32.2        32.2        32.2        32.2        32.2        32.2        32.2        32.2        32.2
10.00.......................................................         9.4        29.4        29.4        29.4        29.4        29.4        29.4        29.4        29.4        29.4        29.4
15.00.......................................................        20.5        20.5        20.5        20.5        20.5        20.5        20.5        20.5        20.5        20.5        20.5
20.00.......................................................        15.9        15.9        15.9        15.9        15.9        15.9        15.9        15.9        15.9        15.9        15.9
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
a Based on a 1 Gram/Second Emission Rate                                                                                                                                                        


[[Page 673]]

    (B) Determine annual/hourly ratio for rural analysis. The maximum 
average annual dispersion coefficient is approximated by multiplying the 
maximum hourly dispersion coefficient (identified in Step 7(A) by the 
appropriate ratio selection from Table 5.0-6. The generic source 
number(s) [from Steps 5(C) or 5(E)], urban/rural designation (from Step 
6), and the terrain type are used to select the appropriate scaling 
factor. Use the noncomplex terrain designation for all sources located 
in flat terrain, for all sources where the physical stack height of the 
worst-case stack is less than or equal to 10 m, for all sources where 
the worst-case stack is less than the minimum GEP, and for those sources 
where all of the TAESH values in Step 5(E) are greater than zero. Use 
the complex terrain designation in all other situations.
    (C) Determine maximum average annual dispersion coefficient. The 
maximum average annual dispersion coefficient is determined by 
multiplying the maximum hourly dispersion coefficient (Step 7(A)) by its 
corresponding annual/hourly ratio (Step 7(B)).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Maximum hourly dispersion                         Maximum annual dispersion  
              Terrain                  Distance from     Generic source   coefficient (g/m    Annual hourly    coefficient (g/m 
                                         stack (m)            No.                  \3\/g/sec)                 ratio               \3\/g/sec) \1\        
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flat..............................  0-20.0                                                                                                              
                                    0-0.5                                                                                                               
                                    0.5-2.5                                                                                                  
                                                                                                                                                        
                                                                                                                                                        
Rolling or Complex................  2.5-5.0                                                                                                  
                                    5.0-20.                                                                                                  
                                     0                                                                                                                  
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Maximum hourly dispersion coefficient times annual/hourly ratio.                                                                                    


Step 8: Estimate Maximum Ambient Air Concentrations--see procedures 
          prescribed in subpart H of 40 CFR part 266.
Step 9: Determine Compliance with Regulatory Limits--see procedures 
          prescribed in subpart H of 40 CFR part 266.
Step 10: Multiple Stack Method (Optional)

    This option is a special case procedure that may be helpful when (1) 
the facility exceeded the regulatory limits for one or more pollutants, 
as detailed in Step 9, and (2) the facility has multiple stacks with 
substantially different emission rates and effective release heights. 
Only those pollutants that fail the Step 9 screening limits need to be 
addressed in this exercise.
    This procedure assesses the environmental impacts from each stack 
and then sums the results to estimate total impacts. This option is 
conceptually the same as the basic approach (Steps 1 through 9) and does 
not involve complex calculations. However, it is more time-consuming and 
is recommended only if the basic approach fails to meet the risk 
criteria. The procedure is outlined below.
    (A) Compute effective stack heights for each stack.\8\
---------------------------------------------------------------------------

    \8\ Follow the procedure outlined in Step 4 of the basic screening 
procedure to determine the GEP for each stack. If a stack's physical 
height exceeds the maximum GEP, use the maximum GEP values. If a stack's 
physical height is less than the minimum GEP, use generic source number 
11 in the subsequent steps of this analysis. Follow the procedure in 
Steps 5(A) and 5(B) to determine the effective height of each stack.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                GEP stack height  Flow rate (m \3\/    Exit temp (                       Effective stack
                           Stack No.                                   (m)              sec)             deg.K)        Plume rise (m)      height (m)   
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.............................................................      ________          ________          ________          ________          ________    
2.............................................................      ________          ________          ________          ________          ________    
3.............................................................      ________          ________          ________          ________          ________    
                                                                                                                                                        
Add an additional page if more than three stacks are involved. Circle the maximum and minimum effective stack heights.                                  
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (B) Determine if this multiple-stack screening procedure will likely 
produce less conservative results than the procedure in Steps 1 through 
9. To do this, compute the ratio of maximum-to-minimum effective stack 
height:

                                                                        
      Maximum Effective Stack Height                                    
-------------------------------------------  =          ________        
      Minimum Effective Stack Height                                    
                                                                        

    If the above ratio is greater than 1.25, proceed with the remaining 
steps. Otherwise,

[[Page 674]]

this option is less likely to significantly reduce the degree of 
conservatism in the screening method.
    (C) Determine if terrain adjustment is needed and select generic 
source numbers. Select the shortest stack height and maximum terrain 
rise out to 5 km from Step 1 and determine if the facility is in flat 
terrain.

Shortest stack height (m)=______________________________________________
Maximum terrain rise in meters out to 5 km=_____________________________

                                                                        
            Terrain Rise (m)                                            
-----------------------------------------         x  100 = ______%      
        Shortest Stack Height (m)                                       
                                                                        

    If the value above is greater than 10 percent, the terrain is 
considered nonflat; proceed to Step 10(D). If the ratio is less than or 
equal to 10 percent, the terrain is considered flat. Identify the 
generic source numbers based on effective stack heights computed in Step 
10(A). Refer to Table 5.0-2 provided earlier to identify generic source 
numbers. Record the generic source numbers identified and proceed to 
Step 10(F).

------------------------------------------------------------------------
                                                      Stack No.         
                                           -----------------------------
                                                1         2         3   
------------------------------------------------------------------------
Generic Source Numbers....................    ____      ____      ____  
------------------------------------------------------------------------

    (D) Compute the TAESH and select generic source numbers (four 
sources located in nonflat terrain).
    1. Compute the TAESH for all remaining stacks using the following 
equation:

HE-TR=TAESH
where:
     HE=effective stack height (m)
    TR=maximum terrain rise for each distance range (m)
    TAESH=terrain-adjusted effective stack height (m)

                          Use the Table Below To Calculate the TAESH for Each Stack \9\                         
----------------------------------------------------------------------------------------------------------------
                                                                       Stack No.                                
                                     ---------------------------------------------------------------------------
         Distance Range (km)                   0-0.5                   >0,5-2.5                  >2.5-5.0       
                                     ---------------------------------------------------------------------------
                                       HE  -   TR   =  TAESH   HE  -   TR   =    TAESH     HE  -   TR   =  TAESH
----------------------------------------------------------------------------------------------------------------
1...................................  ...  -  ...   =  .....  ...  -  ...   =  .........  ...  -  ...   =  .....
2...................................  ...  -  ...   =  .....  ...  -  ...   =  .........  ...  -  ...   =  .....
3...................................  ...  -  ...   =  .....  ...  -  ...   =  .........  ...  -  ...   =  .....
----------------------------------------------------------------------------------------------------------------
\9\ Refer to Step 1 for terrain adjustment data. Note that the distance from the source to the outer radii of   
  each range is used. For example, for the range >0.5-2.5 km, the maximum terrain rise in the range 0.0-2.5 km  
  is used.                                                                                                      

    For those stacks where the terrain rise within a distance range is 
greater than the effective stack height (i.e., HE-TR is less than zero), 
the TAESH for that distance range is set equal to zero, and generic 
source number 1 should be used for that distance range for all 
subsequent distance ranges. Additionally, for all stacks with a physical 
stack height of less than or equal to 10 meters, use generic source 
number 1 for all distance ranges.\10\ For the remaining stacks, proceed 
to Step 10(D)(2).
---------------------------------------------------------------------------

    \10\ This applies to all stacks less than or equal to 10 meters 
regardless of the terrain classification.
---------------------------------------------------------------------------

    2. For the remaining stacks, refer to Table 5.0-2 and, for each 
distance range, identify the generic source number that includes the 
TAESH. Use the values obtained from Steps 10(D)(1) and 10(D)(2) to 
complete the following summary worksheet;

        Generic Source Number After Terrain Adjusted (if Needed)        
------------------------------------------------------------------------
            Stack No.                0-0.5 km   >0.5-2.5 km  >2.5-5.0 km
------------------------------------------------------------------------
1................................  ...........  ...........  ...........
2................................  ...........  ...........  ...........
3................................  ...........  ...........  ...........
------------------------------------------------------------------------

    (E) Identify maximum average hourly dispersion coefficients. Based 
on the land use classification of the site (e.g., urban or rural), use 
either Table 5.0-4 or Table 5.0-5 to determine the appropriate 
dispersion coefficient for each distance range for each stack. Begin at 
the minimum fenceline distance indicated in Step 7(B) and record on 
Worksheet 5.0-1 the dispersion coefficient for each stack/distance 
range. For stacks located in facilities in flat terrain, the generic 
source numbers were computed in Step 10(C). For stacks located in 
facilities in rolling and complex terrain, the generic source numbers 
were computed in Step 10(D). For flat terrain applications and for 
stacks with a physical height of less than or equal to 10 meters, only 
one generic source number is used per

[[Page 675]]

stack for all distance ranges. For other situations up to three generic 
source numbers may be needed per stack (i.e., a unique generic source 
number per distance range). In Tables 5.0-4 and 5.0-5, the dispersion 
coefficients for distances of 6 km to 20 km are the same for all generic 
source numbers in order to conservatively represent terrain beyond 5 km 
(past the limits of the terrain analysis).

[[Page 676]]

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[[Page 677]]

    (F) Estimate maximum hourly ambient air concentrations. In this 
step, pollutant-specific emission rates are multiplied by appropriate 
dispersion coefficients to estimate ambient air concentrations. For each 
stack, emissions are multiplied by the dispersion coefficient selected 
in Step 10(E) and summed across all stacks to estimate ambient air 
concentrations at various distances from the facility. From these summed 
concentrations, the maximum hourly ambient air concentration is 
selected. First, select the maximum emission rate of the pollutant.\11\ 
Record these data in the spaces provided below.\12\
---------------------------------------------------------------------------

    \11\ Recall that it is recommended that this analysis be performed 
for only one or two pollutants. The pollutants chosen for this analysis 
should be those that show the most significant exceedances of the risk 
threshold.
    \12\ Refer to Step 8 of the basic screening procedure. At this point 
in the screening procedure, annual emissions are used to represent 
hourly average emission rates. These values will be adjusted by the 
annual/hourly ratio to estimate annual average concentrations.

                  Maximum Annual Emission Rates (g/sec)                 
------------------------------------------------------------------------
    Pollutant           Stack 1            Stack 2           Stack 3    
------------------------------------------------------------------------
                   .................  ................  ................
                   .................  ................  ................
------------------------------------------------------------------------

    Complete a separate copy of Worksheet 5.0-2 for each pollutant and 
select the highest hourly concentration from the summation column at the 
far right of the worksheet. Record the maximum hourly air concentration 
for each pollutant analyzed (add additional lines if needed):

------------------------------------------------------------------------
             Pollutant                Maximum hourly air concentration  
------------------------------------------------------------------------
                                    ....................................
                                    ....................................
------------------------------------------------------------------------


[[Page 678]]

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[[Page 679]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.035


[[Page 680]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.036


[[Page 681]]

    (G) Determine the complex/noncomplex designation for each stack. For 
each stack, subtract the maximum terrain rise within 5 km of the site 
from the physical stack height and designate the stack as either complex 
or noncomplex. If the stack height minus the maximum terrain rise 
(within 5 km) is greater than zero or if the stack is less than 10 
meters in physical height, then assign the stack a noncomplex 
designation. If the stack height minus the maximum terrain rise (within 
5 km) is less than or equal to zero, then assign the stack a complex 
designation.
    Perform the following computation for each stack and record the 
information in the spaces provided. Check in the spaces provided whether 
the stack designation is complex or noncomplex.

----------------------------------------------------------------------------------------------------------------
                                                           Maximum                                              
               Stack No.                    Stack          terrain                         Complex    Noncomplex
                                          height (m)       rise (m)                                             
----------------------------------------------------------------------------------------------------------------
1......................................  ...........  -  ...........   =             (m)  .........  ...........
2......................................  ...........  -  ...........   =             (m)  .........  ...........
3......................................  ...........  -  ...........   =             (m)  .........  ...........
----------------------------------------------------------------------------------------------------------------

    (H) Identify annual/hourly ratios. Extract the annual/hourly ratios 
for each stack by referring to Table 5.0-6. Generic source numbers (from 
Steps 10(C) or 10(D), urban/rural designation (from Step 6)), and 
complex or noncomplex terrain designations (from Step 10(G)) are used to 
select the appropriate scaling factor needed to convert hourly maximum 
concentrations to estimates of annual average concentrations.
    Complete the following table: \13\
---------------------------------------------------------------------------

    \13\ If any stack (excluding generic stack number 1 and 11) in Step 
10(D) shows a negative terrain adjusted stack height, use the complex 
terrain annual/hourly ratios.

----------------------------------------------------------------------------------------------------------------
                                     Generic source No. steps 10 (C or D)   Annual/hourly ratio (from table 5.0-
                                   ---------------------------------------                   6)                 
                                             Distance ranges (km)         --------------------------------------
             Stack No.             ---------------------------------------          Distance ranges (km)        
                                                                          --------------------------------------
                                       0-0.5       >0.5-2.5     >2.5-5.0      0-0.5       >0.5-2.5     >2.5-5.0 
----------------------------------------------------------------------------------------------------------------
1.................................   __________   __________   __________   __________   __________   __________
2.................................   __________   __________   __________   __________   __________   __________
3.................................   __________   __________   __________   __________   __________   __________
----------------------------------------------------------------------------------------------------------------

    (I) Select the highest annual/hourly ratio among all of the 
stacks,\14\ and then estimate the maximum annual average ambient air 
concentrations for each pollutant by completing the following table, 
where:

    \14\ As an option, the user can identify the stack with the highest 
ratio for each distance range (rather than the absolute highest). In 
this case, extra sheets would be needed to show estimated annual average 
concentrations from each stack by multiplying emission rate times 
maximum hourly dispersion coefficient times maximum annual/hourly ratio 
for applicable distance range. Then sum across all stacks for each 
downwind distance.
---------------------------------------------------------------------------

C=Maximum total hourly ambient air concentration (g/m\3\) for 
          pollutant ``N'' from Step 10(F),
Ca=Maximum annual average air concentration for pollutant ``N'' 
          (g/m\3\),
R=Annual/hourly ratio.

                              Table 5.0-6.--95th Percentile of Annual/Hourly Ratios                             
----------------------------------------------------------------------------------------------------------------
                      Noncomplex Terrain                                         Complex Terrain                
----------------------------------------------------------------------------------------------------------------
               Source                    Urban        Rural             Source             Urban        Rural   
----------------------------------------------------------------------------------------------------------------
1...................................        0.019        0.014  1.....................        0.020        0.053
2...................................        0.033        0.019  2.....................        0.020        0.053
3...................................        0.031        0.018  3.....................        0.030        0.057
4...................................        0.029        0.017  4.....................        0.051        0.047
5...................................        0.028        0.017  5.....................        0.067        0.039
6...................................        0.028        0.017  6.....................        0.059        0.034
7...................................        0.031        0.015  7.....................        0.036        0.031
8...................................        0.030        0.013  8.....................        0.026        0.024
9...................................        0.029        0.011  9.....................        0.026        0.024
10..................................        0.029        0.008  10....................        0.017        0.013

[[Page 682]]

                                                                                                                
11..................................        0.018        0.015  11....................        0.020        0.053
----------------------------------------------------------------------------------------------------------------


------------------------------------------------------------------------
                      Ca (g/m \3\)    x       R       =  CA(G/
                                                             M \3\)     
------------------------------------------------------------------------
      ________           ____       x      ____     =         ____      
      ________           ____       x      ____     =         ____      
------------------------------------------------------------------------

    (J) Use the maximum annual average concentrations from Step 10(I) to 
determine compliance with regulatory requirements.

SECTION 6.0--SIMPLIFIED LAND USE CLASSIFICATION PROCEDURE FOR COMPLIANCE 
                     WITH TIER I AND TIER II LIMITS

                            6.1  Introduction

    This section provides a simplified procedure to classify areas in 
the vicinity of boilers and industrial furnace sites as urban or rural 
in order to set risk-based emission limits under subpart H of 40 CFR 
part 266. Urban/rural classification is needed because dispersion rates 
differ between urban and rural areas and thus, the risk per unit 
emission rate differs accordingly. The combination of greater surface 
roughness (more buildings/structures to generate turbulent mixing) and 
the greater amount of heat released from the surface in an urban area 
(generates buoyancy-induced mixing) produces greater rates of 
dispersion. The emission limit tables in the regulation, therefore, 
distinguish between urban and rural areas.
    EPA guidance (EPA 1986) \1\ provides two alternative procedures to 
determine whether the character of an area is predominantly urban or 
rural. One procedure is based on land use typing and the other is based 
on population density. Both procedures require consideration of 
characteristics within a 3-km radius from a source, in this case the 
facility stack(s). The land use typing method is preferred because it 
more directly relates to the surface characteristics that affect 
dispersion rates. The remainder of this discussion is, therefore, 
focused on the land use method.
    While the land use method is more direct, it can also be labor-
intensive to apply. For this discussion, the land use method has been 
simplified so that it is consistent with EPA guidance (EPA 1986; Auer 
1978), while streamlining the process for the majority of applications 
so that a clear-cut decision can be made without the need for detailed 
analysis. Table 6.0-1 summarizes the simplified approach for classifying 
areas as urban or rural. As shown, the applicant always has the option 
of applying standard (i.e., more detailed) analyses to more accurately 
distinguish between urban and rural areas. However, the procedure 
presented here allows for simplified determinations, where appropriate, 
to expedite the permitting process.

             Table 6.0-1.--Classification of Land Use Types             
------------------------------------------------------------------------
                                                   Urban or rural       
     Type\1\             Description               designation\2\       
------------------------------------------------------------------------
I1                 Heavy Industrial.......  Urban.                      
I2                 Light/Moderate           Urban.                      
                    Industrial.                                         
C1                 Commercial.............  Urban.                      
R1                 Common Residential       Rural.                      
                    (Normal Easements).                                 
R2                 Compact Residential      Urban.                      
                    (Single Family).                                    
R3                 Compact Residential      Urban.                      
                    (Multi-Family).                                     
R4                 Estate Residential       Rural.                      
                    (Multi-Acre Plots).                                 
A1                 Metropolitan Natural...  Rural.                      
A2                 Agricultural...........  Rural.                      
A3                 Undeveloped (Grasses/    Rural.                      
                    Weeds).                                             
A4                 Undeveloped (Heavily     Rural.                      
                    Wooded).                                            
A5                 Water Surfaces.........  Rural.                      
------------------------------------------------------------------------
\1\ EPA, Guideline on Air Quality Models (Revised), EPA-450/2-78-027R,  
  Office of Air Quality Planning and Standards, Research Triangle Park, 
  North Carolina, July, 1986.                                           
\2\ Auer, August H. Jr., ``Correlation of Land Use and Cover with       
  Meteorological Anomalies,'' Journal of Applied Meteorology, pp. 636-  
  643, 1978.                                                            

                    6.2   Simplified Land Use Process

    The land use approach considers four primary land use types: 
industrial (I), commercial (C), residential (R), and agricultural (A). 
Within These primary classes, subclasses are identified, as shown in 
table 6.0-1. The goal is to estimate the percentage of the area within a 
3-km radius that is urban type and the percentage that is rural type. 
Industrial and commercial areas are classified as urban; agricultural 
areas are classified as rural.
    The delineation of urban and rural areas, however, can be more 
difficult for the residential type areas shown in table 6.0-1. The 
degree of resolution shown in table 6.0-1 for residential areas often 
cannot be identified without conducting site area inspections and/or 
referring to zoning maps. This process can require extensive analysis, 
which, for many applications, can be greatly streamlined without 
sacrificing confidence in selecting the appropriate urban or rural 
classification.
    The fundamental simplifying assumption is based on the premise that 
many applications will have clear-cut urban/rural designations, i.e., 
most will be in rural settings that

[[Page 683]]

can be definitively characterized through a brief review of 
topographical maps. The color coding on USGS topographical maps provides 
the most effective means of simplifying the typing scheme. The suggested 
typing designations for the color codes found on topographical maps are 
as follows:
Green  Wooded areas (rural).
White  White areas generally will be treated as rural. This code applies 
to areas that are unwooded and do not have densely packed structures 
which would require the pink code (house omission tint). Parks, 
industrial areas, and unforested rural land will appear as white on the 
topographical maps. Of these categories, only the industrial areas could 
potentially be classified as urban based on EPA 1986 or Auer 1978. 
Industrial areas can be easily identified in most cases by the 
characteristics shown in Figure 6.0-1. For this simplified procedure, 
white areas that have an industrial classification will be treated as 
urban areas.

[[Page 684]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.037



[[Page 685]]

 Section 7.0--Statistical Methodology for Bevill Residue Determinations

    This section describes the statistical comparison of waste-derived 
residue to normal residue for use in determining eligibility for the 
Bevill exemption under 40 CFR 266.112.

       7.1  Comparison of Waste-Derived Residue to Normal Residue

    To be eligible for the Bevill exclusion from the definition of 
hazardous waste under 40 CFR 266.112(b)(1), waste-derived residue must 
not contain Appendix VIII, Part 261, constituents that could reasonably 
be attributable to the hazardous waste (toxic constituents) at 
concentrations significantly higher than in residue generated without 
burning or processing hazardous waste (normal residue). Concentrations 
of toxic constituents in normal residue are determined based on analysis 
of a minimum of 10 samples representing a minimum of 10 days of 
operation. The statistically-derived concentrations in normal residue 
are determined as the upper tolerance limit (95% confidence with a 95% 
proportion of the sample distribution) of the normal residue 
concentrations. The upper tolerance limit is to be determined as 
described in Section 7.2 below. If changes in raw materials or fuels 
could lower the statistically-derived concentrations of toxic 
constituents of concern, the statistically-derived baseline must be re-
established for any such mode of operation with the new raw material or 
fuel.
    Concentrations of toxic constituents in waste-derived residue are 
determined based on the analysis of one or more samples collected over a 
compositing period of not more than 24 hours. Mulitple samples of the 
waste-derived residue may be analyzed or subsamples may be composited 
for analysis, provided that the sampling period does not exceed 24 
hours. If more than one sample is analyzed to characterize the waste-
derived residue generated over a 24-hour period, the arithmetic mean of 
the concentrations must be used as the waste-derived concentration for 
each constituent.
    The concentration of a toxic constituent in the waste-derived 
residue is not considered to be significantly higher than in the normal 
residue (i.e., the residue passes the Bevill test for that constituent) 
if the concentration in the waste-derived residue does not exceed the 
statistically-derived concentration.

              7.2  Calculation of the Upper Tolerance Limit

    The 95% confidence with 95% proportion of the sample distribution 
(upper tolerance limit) is calculated for a set of values assuming that 
the values are normally distributed. The upper tolerance limit is a one-
sided calculation and is an appropriate statistical test for cases in 
which a single value (the waste-derived residue concentration) is 
compared to the distribution of a range of values (the minimum of 10 
measurements of normal residue concentrations). The upper tolerance 
limit value is determined as follows:

    UTL = X + (K)(S)

where X = mean of the normal residue concentrations, X = X i/n,
K = coefficient for sample size n, 95% confidence and 95% proportion,
S = standard deviation of the normal residue concentrations,

S = ( (Xi - X)\2\/(n - 1))\0\.\5\, and

n = sample size.

    The values of K at the 95% confidence and 95% proportion, and sample 
size n are given in Table 7.0-1.
    For example, a normal residue test results in 10 samples with the 
following analytical results for toxic constituent A:

------------------------------------------------------------------------
                                                           Concentration
                       Sample No.                         of constituent
                                                              A (ppm)   
------------------------------------------------------------------------
1.......................................................              10
2.......................................................              10
3.......................................................              15
4.......................................................              10
5.......................................................               7
6.......................................................              12
7.......................................................              10
8.......................................................              16
9.......................................................              15
10......................................................              10
------------------------------------------------------------------------

    The mean and the standard deviation of these measurements, 
calculated using the above equations, are 11.5 and 2.9, respectively. 
Assuming that the values are normally distributed, the upper tolerance 
limit (UTL) is given by:

UTL=11.5+(2.911)(2.9)=19.9 ppm

    This, if the concentration of constituent A in the waste-derived 
residue is below 19.9 ppm, then the waste-derived residue is eligible 
for the Bevill exclusion for constituent A.

                   7.3  Normal Distribution Assumption

    As noted in Section 7.2 above, this statistical approach (use of the 
upper tolerance limit) for calculation of the concentration in normal 
residue is based on the assumption that the concentration data are 
distributed normally. The Agency is aware that concentration data of 
this type may not always be distributed normally, particularly when 
concentrations are near the detection limits. There are a number of 
procedures that can be used to test the distribution of a data set. For 
example, the Shapiro-Wilk test, examination of a histogram or plot of 
the data on normal probability paper, and examination of the coefficient 
of skewness are methods that may be applicable, depending on the nature 
of the data (References 1 and 2).

[[Page 686]]

    If the concentration data are not adequately represented by a normal 
distribution, the data may be transformed to attain a near normal 
distribution. The Agency has found that concentration data, especially 
when near detection levels, often exhibit a lognormal distribution. The 
assumption of a lognormal distribution has been used in various programs 
at EPA, such as in the Office of Solid Waste Land Disposal Restrictions 
program for determination of BDAT treatment standards. The transformed 
data may be tested for normality using the procedures identified above. 
If the transformed data are better represented by a normal distribution 
than the untransformed data, the transformed data should be used in 
determining the upper tolerance limit using the procedures in Section 
7.2 above.
    In all cases where the owner or operator wishes to use other than an 
assumption of normally distributed data or believes that use of an 
alternate statistical approach is appropriate to the specific data set, 
he/she must provide supporting rationale in the operating record that 
demonstrates that the data treatment is based upon sound statistical 
practice.

                          7.4  Nondetect Values

    The Agency is developing guidance regarding the treatment of 
nondetect values (data where the concentration of the constituent being 
measured is below the lowest concentration for which the analytical 
method is valid) in carrying out the statistical determination described 
above. Until the guidance information is available, facilities may 
present their own approach to the handling of nondetect data points, but 
must provide supporting rationale in the operating record for 
consideration by the Director.

      Table 7.0-1.--K Values for 95% Confidence and 95% Proportion      
------------------------------------------------------------------------
                      Sample size (n)                             K     
------------------------------------------------------------------------
10.........................................................        2.911
11.........................................................        2.815
12.........................................................        2.736
13.........................................................        2.670
14.........................................................        2.614
15.........................................................        2.566
16.........................................................        2.523
17.........................................................        2.486
18.........................................................        2.458
19.........................................................        2.423
20.........................................................        2.396
21.........................................................        2.371
22.........................................................        2.350
23.........................................................        2.329
24.........................................................        2.303
25.........................................................        2.292
------------------------------------------------------------------------

                             7.5  References

    1. Shapiro, S.S. and Wilk, M.B. (1965), ``An Analysis of Variance 
Test for Normality (complete samples),'' Biometrika, 52,591-611.
    2. Bhattacharyya, G.K. and R.A. Johnson (1977), Statistical Concepts 
and Methods, John Wiley and Sons, New York.

SECTION 8.0--PROCEDURES FOR DETERMINING DEFAULT VALUES FOR AIR POLLUTION 
                   CONTROL SYSTEM REMOVAL EFFICIENCIES

    During interim status, owners or operators of boilers and industrial 
furnaces burning hazardous waste must submit documentation to EPA that 
certifies that emissions of HCl, C12, metals, and particulate 
matter (PM) are not likely to exceed allowable emission rates. See 
certification of precompliance under 40 CFR 266.103(b). This 
documentation also establishes interim status feed rate and operating 
limits for the facility. For the initial certification, estimates of 
emissions and system removal efficiencies (SREs) can be made to 
establish the operating limits. Subsequently, owners or operators must 
use emissions testing to demonstrate that emissions do not exceed 
allowable levels, and to establish operating limits. See 40 CFR 
266.103(c). However, initial estimates of emissions for certification of 
precompliance can be based on estimated or established SREs.
    The SRE combines the effect of partitioning of the chorine, metals, 
or PM and the air pollution control system removal efficiency (APCS RE) 
for these pollutants. The SRE is defined as:

SRE=(species input--species emitted) / species input

    The SRE can be calculated from the partitioning factor (PF) and APCS 
RE by the following formula:

SRE=1--[(PF/l00) X (1--APCS RE/100)]

where:

PF=percentage of the pollutant partitioned to the combustion gas

    Estimates of the PF and/or the APCS RE can be based on either EPA's 
default values or engineering judgement. EPA's `default values for the 
APCS RE for metals, HCl, Cl2, and PM are described in this section. 
EPA's default values for partitioning of these pollutants are described 
in section 9.0.
    Guidelines for the use of engineering judgement to estimate APCS REs 
or PFs are described in section 9.4.

                 8.1  APCS RE Default Values for Metals 

    EPA's default assumptions for APCS RE for metals are shown in Table 
8.1-1. The default values in the table are conservative estimates of the 
removal efficiencies for metals in BIFs, depending on the volatility of 
the metal and the type of APCS.

[[Page 687]]

    The volatility of a metal depends on the temperature, the thermal 
input, the chlorine content of the waste, and the identity and 
concentration of the metal. Metals that do not vaporize at combustion 
zone temperatures are classified as ``nonvolatile''. Such metals 
typically enter the APCS in the form of large particles that are removed 
relatively easily. Metals that vaporize in the combustion zone and 
condense before entering the APCS are classified as ``volatile''. Such 
metals typically enter the APCS in the form of very fine, submicron 
particles that are rather inefficiently removed in many APCSs. Metals 
that vaporize in the combustion zone and do not condense before entering 
the APCS are classified as ``very volatile''. Such metals enter the APCS 
in the form of a vapor that is very inefficiently removed in many APCSs.
    Typically, BIFs have combustion zone temperatures high enough to 
vaporize any hazardous metal at concentrations sufficient to exceed 
risk-based emission limits. For this reason, the default assumption is 
that there are no nonvolatile metals. Tables 8.1-2 and 8.1-3 are used to 
determine whether metals are classified as ``volatile'' or ``very 
volatile'' depending on the temperature entering the APCS, the thermal 
input, and whether the waste is chlorinated or nonchlorinated.

      Table 8.1-1.--Air Pollution Control Systems (APCS) and Their      
 Conservatively Estimated Efficiencies for Controlling Toxic Metals (%) 
------------------------------------------------------------------------
                                              Metal Volatility          
                                  --------------------------------------
               APCS                                              Very   
                                   Nonvolatile    Volatile     Volatile 
------------------------------------------------------------------------
WS...............................           40           30           20
VS-20............................           80           75           20
VS-60............................           87           75           40
ESP-1............................           90           75            0
ESP-2............................           92           80            0
ESP-4............................           95           80            0
WESP.............................           90           85           40
FF...............................           90           80            0
SD/FF............................           97           90            0
DS/FF............................           95           90            0
IWS..............................           90           87           75
------------------------------------------------------------------------

WS=Wet Scrubber including: Sieve Tray Tower, Packed Tower, Bubble Cap 
          Tower
VS-20=Venturi Scrubber, ca. 20-30 in W.G. p
VS-60=Venturi Scrubber, ca. >60 in W.G. p
ESP-l=Electrostatic Precipitator; 1 stage
ESP-2=Electrostatic Precipitator; 2 stage
ESP-4=Electrostatic Precipitator; 4 stage
IWS=Ionizing Wet Scrubber
DS=Dry Scrubber
FF=Fabric Filter (Baghouse)
SD=Spray Dryer (Wet/Dry Scrubber)
WESP=Wet Electrostatic Precipitator

 Table 8.1-2.--Temperature (F) Entering APCS Above Which Metals Are Classified as Very Volatile in Combustion of
                                             Nonchlorinated Wastes                                              
----------------------------------------------------------------------------------------------------------------
                                  Metal                                         Thermal Input (MMBtu/hr)\1\     
----------------------------------------------------------------------------------------------------------------
                    Name                                Symbol               1      10      100    1000    10000
----------------------------------------------------------------------------------------------------------------
Arsenic....................................  As                              320     280     240     200     160
Cadmium....................................  Cd                             1040     940     860     780     720
Chromium...................................  Cr                             2000    1760    1580    1420    1380
Beryllium..................................  Be                             1680    1440    1240    1080     980
Antimony...................................  Sb                              680     600     540     480     420
Barium.....................................  Ba                             2240    1820    1540    1360    1240
Lead.......................................  Pb                             1280    1180    1080    1000     920
Mercury....................................  Hg                              340     300     260     220     180
Silver.....................................  Ag                             1820    1640    1480    1340    1220
Thallium...................................  Tl                              900     800     700     620    540 
----------------------------------------------------------------------------------------------------------------
\1\ Interpolation of thermal input is not allowed. If a BIF fires between two ranges, the APCS temperature under
  the higher thermal input must be used.                                                                        
Example: For a BIF firing 10-100 MMBtu/hr, Mercury is considered very volatile at APCS temperatures above 260 F 
  and volatile at APCS temperatures of 260 F and below.                                                         


 Table 8.1-3.--Temperature (F) Entering APCS Above Which Metals Are Classified as Very Volatile In Combustion of
                                               Chlorinated Wastes                                               
----------------------------------------------------------------------------------------------------------------
                                  Metal                                         Thermal Input (MMBtu/hr)\1\     
----------------------------------------------------------------------------------------------------------------
                    Name                                Symbol               1      10      100    1000    10000
----------------------------------------------------------------------------------------------------------------
Arsenic....................................  As                              320     280     240     200     160
Cadmium....................................  Cd                             1040     940     860     780     720
Chromium...................................  Cr                             >140    >140    >140    >140    >140
Beryllium..................................  Be                             1680    1440    1240    1080     980
Antimony...................................  Sb                              680     600     540     480     420
Barium.....................................  Ba                             2060    1840    1680    1540    1420
Lead.......................................  Pb                             >140    >140    >140    >140    >140
Mercury....................................  Hg                              340     300     260     220     180
Silver.....................................  Ag                             1080     940     840     740     660

[[Page 688]]

                                                                                                                
Thallium...................................  Tl                              900     800     700     620    540 
----------------------------------------------------------------------------------------------------------------
\1\ Interpolation of thermal input is not allowed. If a BIF fires between two ranges, the APCS temperature under
  the higher thermal input must be used.                                                                        
Example: For a BIF firing 10-100 MMBtu/hr, Mercury is considered very volatile at APCS temperatures above 260 F 
  and volatile at APCS temperatures of 260 F and below.                                                         

    A waste is considered chlorinated if chlorine is present in 
concentrations greater than 0.1 percent by weight. In the EPA guidance 
document ``Guidance for Metals and Hydrogen Chloride Controls for 
Hazardous Waste Incinerators, Volume IV of the Hazardous Waste 
Incineration Guidance Series,``(1) one percent is used for the 
chlorinated/nonchlorinated cutoff. However, best engineering judgement, 
based on examination of pilot-scale data reported by Carroll et al. (2) 
on the effects of waste chlorine content on metals emissions, suggests 
that the 1 percent cutoff may not be sufficiently conservative.
    Tables 8.1-2 and 8.1-3 were compiled based on equilibrium 
calculations. Metals are classified as very volatile at all temperatures 
above the temperature at which the vapor pressure of the metal is 
greater than 10 percent of the vapor pressure that results in emissions 
exceeding the most conservative risk-based emissions limits.

            8.2  APCS RE Default Values for HCl and Cl2

    Default assumptions for APCS RE for HCl in BIFs are shown in Table 
8.2-1. This table is identical to the column for other BIFs except that 
cement kilns have a minimum HCl removal efficiency of 83 percent. 
Because of the alkaline nature of the raw materials in cement kilns, 
most of the chlorine is converted to chloride salts. Thus, the minimum 
APCS RE for HCl for cement kilns is independent of the APCS train.
    Removal efficiency of Cl2 for most types of APCS is generally 
minimal. Therefore, the default assumption for APCS RE for Cl2 for 
all APCSs is 0 percent. This is applicable to all BIFs, including cement 
kilns.

                  8.3  APCS RE Default Values for Ash 

    Default assumptions for APCS RE for PM are also shown in Table 8.1-
4. These figures are conservative estimates of PM removal efficiencies 
for different types of APCSs. They are identical to the figures in the 
Nonvolatile APCS RE column for hazardous metals presented in Table 8.1-1 
because the same collection mechanisms and collection efficiencies that 
apply to nonvolatile metals also apply to PM.

      Table 8.2-1.--Air Pollution Control Systems (APCS) and Their      
  Conservatively Estimated Efficiencies for Removing Hydrogen Chloride  
                  (HCl) and Particulate Matter (PM) (%)                 
------------------------------------------------------------------------
                                                       HCl              
                                        --------------------------------
                  APCD                     Cement     Other             
                                           kilns       BIFs        PM   
------------------------------------------------------------------------
WS.....................................         97         97         40
VS-20..................................         97         97         80
VS-60..................................         98         98         87
ESP-1..................................         83          0         90
ESP-2..................................         83          0         92
ESP-4..................................         83          0         95
WESP...................................         83         70         90
FF.....................................         83          0         90
SD/FF..................................         98         98         97
DS/FF..................................         98         98         95
WS/IWS.................................         99         99         95
IWS....................................         99         99         90
------------------------------------------------------------------------

WS=Wet Scrubber including: Sieve Tray Tower, Packed Tower, Bubble Cap 
          Tower
PS=Proprietary Wet Scrubber Design (A number of proprietary wet 
          scrubbers have come on the market in recent years that are 
          highly efficient on both particulates and corrosive gases. Two 
          such units are offered by Calvert Environmental Equipment Co. 
          and by Hydro-Sonic Systems, Inc.).
VS-20=Venturi Scrubber, ca. 20-30 in W.G. p
VS-60=Venturi Scrubber, ca. >60 in W.G. p
ESP-l=Electrostatic Precipitator; 1 stage
ESP-2=Electrostatic Precipitator; 2 stage
ESP-4=Electrostatic Precipitator; 4 stage
IWS=Ionizing Wet Scrubber
DS=Dry Scrubber
FF=Fabric Filter (Baghouse)
SD=Spray Dryer (Wet/Dry Scrubber)

                             8.4  References

1. U.S. Environmental Protection Agency. ``Guidance on Metals and 
          Hydrogen Chloride Controls for Hazardous Waste Incinerators,'' 
          Office of Solid Waste, Washington, DC, August 1989.

[[Page 689]]

2. Carroll, G.J., R.C. Thurnau, R.E. Maurnighan, L.R. Waterland, J.W. 
          Lee, and D.J. Fournier. The Partitioning of Metals in Rotary 
          Kiln Incineration. Proceedings of the Third International 
          Conference on New Frontiers for Hazardous Waste Management. 
          NTIS Document No. EPA/600/9-89/072, p. 555 (1989).

SECTION 9.0--PROCEDURES FOR DETERMINING DEFAULT VALUES FOR PARTITIONING 
               OF METALS, ASH, AND TOTAL CHLORIDE/CHLORINE

    Pollutant partitioning factor estimates can come from two sources: 
default assumptions or engineering judgement. EPA's default assumptions 
are discussed below for metals, HCl, Cl2, and PM. The default 
assumptions are used to conservatively predict the partitioning factor 
for several types of BIFs. Engineering judgement-based partitioning 
factor estimates are discussed in section 9.4.

               9.1  Partitioning Default Value for Metals

    To be conservative, the Agency is assuming that 100 percent of each 
metal in each feed stream is partitioned to the combustion gas. Owners/
operators may use this default value or a supportable, site-specific 
value developed following the general guidelines provided in section 
9.4.

         9.2  Special Procedures for Chlorine, HCl, and Cl2

    The Agency has established the special procedures presented below 
for chlorine because the emission limits are based on the pollutants HCl 
and Cl2 formed from chlorine fed to the combustor. Therefore, the owner/
operator must estimate the controlled emission rate of both HCl and 
Cl2 and show that they do not exceed allowable levels.
    1. The default partitioning value for the fraction of chlorine in 
the total feed streams that is partitioned to combustion gas is 100 
percent. Owners/operators may use this default value or a supportable, 
site-specific value developed following the general guidelines provided 
in section 9.4.
    2. To determine the partitioning of chlorine in the combustion gas 
to HCl versus Cl2, either use the default values below or use 
supportable site-specific values developed following the general 
guidelines provided in section 9.4.
     For BIFs excluding halogen acid furnaces (HAFs), with a 
total feed stream chlorine/hydrogen ratio 0.95, the default 
partitioning factor is 20 percent Cl2, 80 percent HCl.
     For HAFs and for BIFs with a total feed stream chlorine/
hydrogen ratio >0.95, the default partitioning factor is 100 percent 
Cl2.
    3. To determine the uncontrolled (i.e., prior to acid gas APCS) 
emission rate of HCl and Cl2, multiply the feed rate of chlorine 
times the partitioning factor for each pollutant. Then, for HCl, convert 
the chlorine emission rate to HCl by multiplying it by the ratio of the 
molecular weight of HCl to the molecular weight of Cl (i.e., 36.5/35.5). 
No conversion is needed for Cl2.

                     9.3  Special Procedures for Ash

    This section: (1) Explains why ash feed rate limits are not 
applicable to cement and light-weight aggregate kilns; (2) presents the 
default partitioning values for ash; and (3) explains how to convert the 
0.08 gr/dscf, corrected to 7% O2, PM emission limit to a PM 
emission rate.
    Waiver for Cement and Light-Weight Aggregate Kilns. For cement kilns 
and light-weight aggregate kilns, raw material feed streams contain the 
vast majority of the ash input, and a significant amount of the ash in 
the feed stream is entrained into the kiln exhaust gas. For these 
devices, the ash content of the hazardous waste stream is expected to 
have a negligible effect on total ash emissions. For this reason, there 
is no ash feed rate compliance limit for cement kilns or light-weight 
aggregate kilns. Nonetheless, cement kilns and light-weight aggregate 
kilns are required to initially certify that PM emissions are not likely 
to exceed the PM limit, and subsequently, certify through compliance 
testing that the PM limit is not exceeded.
    Default Partitioning Value for Ash. The default assumption for 
partitioning of ash depends on the feed stream firing system. There are 
two methods by which materials may be fired into BIFs: Suspension-firing 
and bed-firing.
    The suspension category includes atomized and lanced pumpable 
liquids and suspension-fired pulverized solids. The default partitioning 
assumption for materials fired by these systems is that 100 percent of 
the ash partitions to the combustion gas.
    The bed-fired category consists principally of stoker boilers and 
raw materials (and in some cases containerized hazardous waste) fed into 
cement and light-weight aggregate kilns. The default partitioning 
assumption for materials fired on a bed is that 5 percent of the ash 
partitions to the combustion gas.
    Converting the PM Concentration-Based Standard to a PM Mass Emission 
Rate. The emission limit for BIFs is 0.08 gr/dscf, corrected to 7% 
02, unless a more stringent standard applies [e.g., a New Source 
Performance Standard (NSPS) or a State standard implemented under the 
State Implementation Plan (SIP)]. To convert the 0.08 gr/dscf standard 
to a PM mass emission rate:
    1. Determine the flue gas 02 concentration (percent by volume, 
dry) and flue gas flow rate (dry standard cubic feet per minute); and
    2. Calculate the allowable PM mass emission rate by multiplying the 
concentration-

[[Page 690]]

based PM emission standard times the flue gas flow rate times a dilution 
correction factor equal to [(21-02 concentration from step 1)/(21-
7)].

 9.4  Use of Engineering Judgement To Estimate Partitioning and APCS RE 
                                 Values

    Engineering judgement may be used in place of EPA's conservative 
default assumptions to estimate partitioning and APCS RE values provided 
that the engineering judgement is defensible and properly documented. To 
properly document engineering judgement, the owner/operator must keep a 
written record of all assumptions and calculations necessary to justify 
the APCS RE used. The owner/operator must provide this record to the 
Director upon request and must be prepared to defend the assumptions and 
calculations used.
    If the engineering judgement is based on emissions testing, the 
testing will often document the emission rate of a pollutant relative to 
the feed rate of that pollutant rather than the partitioning factor or 
APCS RE.
    Examples of situations where the use of engineering judgement may be 
supportable to estimate a partitioning factor, APCS RE, or SRE include:
     Using emissions testing data from the facility to support 
an SRE, even though the testing may not meet full QA/QC procedures 
(e.g., triplicate test runs). The closer the test results conform with 
full QA/QC procedures and the closer the operating conditions during the 
test conform with the established operating conditions for the facility, 
the more supportable the engineering judgement will be.
     Applying emissions testing data documenting an SRE for one 
metal, including nonhazardous surrogate metals to another less volatile 
metal.
     Applying emissions testing data documenting an SRE from one 
facility to a similar facility.
     Using APCS vendor guarantees of removal efficiency.

                  9.5  Restrictions on Use of Test Data

    The measurement of an SRE or an APCS RE may be limited by the 
detection limits of the measurement technique. If the emission of a 
pollutant is undetectable, then the calculation of SRE or APCS RE should 
be based on the lower limit of detectability. An SRE or APCS RE of 100 
percent is not acceptable.
    Further, mass balance data of facility inputs, emissions, and 
products/residues may not be used to support a partitioning factor, 
given the inherent uncertainties of such procedures. Partitioning 
factors other than the default values may be supported based on 
engineering judgement, considering, for example, process chemistry. 
Emissions test data may be used to support an engineering judgement-
based SRE, which includes both partitioning and APCS RE.

                             9.5  References

1. Barton, R.G., W.D. Clark, and W.R. Seeker. (1990) ``Fate of Metals in 
          Waste Combustion Systems''. Combustion Science and Technology. 
          74, 1-6, p. 327

 SECTION 10.0--ALTERNATIVE METHODOLOGY FOR IMPLEMENTING METALS CONTROLS

                           10.1  Applicability

    This method for controlling metals emissions applies to cement kilns 
and other industrial furnaces operating under interim status that 
recycle emission control residue back into the furnace.

                           10.2  Introduction

    Under this method, cement kilns and other industrial furnaces that 
recycle emission control residue back into the furnace must comply with 
a kiln dust concentration limit (i.e., a collected particulate matter 
(PM) limit) for each metal, as well as limits on the maximum feedrates 
of each of the metals in: (1) pumpable hazardous waste; and (2) all 
hazardous waste.
    The following subsections describe how this method for controlling 
metals emissions is to be implemented:
     Subsection 10.3 discusses the basis of the method and the 
assumptions upon which it is founded;
     Subsection 10.4 provides an overview of the implementation 
of the method;
     Subsection 10.5 is a step-by-step procedure for 
implementation of the method;
     Subsection 10.6 describes the compliance procedures for 
this method; and
     Appendix A describes the statistical calculations and tests 
to be used in the method.

                               10.3  Basis

    The viability of this method depends on three fundamental 
assumptions:
    (1) Variations in the ratio of the metal concentration in the 
emitted particulate to the metal concentration in the collected kiln 
dust (referred to as the enrichment factor or EF) for any given metal at 
any given facility will fall within a normal distribution that can be 
experimentally determined.
    (2) The metal concentrations in the collected kiln dust can be 
accurately and representatively measured (using procedures specified in 
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods'' 
(SW-846), incorporated by reference in 40 CFR 260.11).
    (3) The facility will remain in compliance with the applicable 
particulate matter (PM) emission standard.

[[Page 691]]

    Given these assumptions. metal emissions can be related to the 
measured concentrations in the collected kiln dust by the following 
equation:

[GRAPHIC] [TIFF OMITTED] TC01AU92.038

Where:

ME is the metal emitted;
PME is the particulate matter emitted;
DMC is the metal concentration in the collected kiln dust; and
EF is the enrichment factor, which is the ratio of the metal 
          concentration in the emitted particulate matter to the metal 
          concentration in the collected kiln dust.

    This equation can be rearranged to calculate a maximum allowable 
dust metal concentration limit (DMCL) by assuming worst-case conditions 
that: metal emissions are at the Tier III (or Tier II) limit (see 40 CFR 
266.106), and that particulate emissions are at the particulate matter 
limit (PML):

[GRAPHIC] [TIFF OMITTED] TC01AU92.039

    The enrichment factor used in the above equation must be determined 
experimentally from a minimum of 10 tests in which metal concentrations 
are measured in kiln dust and stack samples taken simultaneously. This 
approach provides a range of enrichment factors that can be inserted 
into a statistical distribution (t-distribution) to determine 
EF95 and EF99. EF95 is the value 
at which there is a 95% confidence level that the enrichment factor is 
below this value at any given time. Similarly, EF99 is the 
value at which there is a 99% confidence level that the enrichment 
factor is below this value at any given time. EF95 is used 
to calculate the ``violation'' dust metal concentration limit 
(DMCLv):

[GRAPHIC] [TIFF OMITTED] TC01AU92.040

    If the kiln dust metal concentration is just above this 
``violation'' limit, and the PM emissions are at the PM emissions limit, 
there is a 5% chance that the metal emissions are above the Tier III 
limit. In such a case, the facility would be in violation of the metals 
standard.
    To provide a margin of safety, a second, more conservative kiln dust 
metal concentration limit is also used. This ``conservative'' dust metal 
concentration limit (DMCLc) is calculated using a ``safe'' 
enrichment factor (SEF). If EF99 is greater than two times 
the value of EF95, the ``safe'' enrichment factor can be 
calculated using Equation 4a:

SEF2 EF95        (4a)Q02
    If EF99 is not greater than two times the value of 
EF95, the ``safe'' enrichment factor can be calculated 
using Equation 4b:

SEFEF99        (4b)

    In cases where the enrichment factor cannot be determined because 
the kiln dust

[[Page 692]]

metal concentration is nondetectable, the ``safe'' enrichment factor is 
as follows:

SEF=100        (4c)

    For all cases, the ``conservative'' dust metal concentration limit 
is calculated using the following equation:

[GRAPHIC] [TIFF OMITTED] TC01AU92.041

    If the kiln dust metal concentration at a facility is just above the 
``conservative'' limit based on that ``safe'' enrichment factor provided 
in Equation 4a, and the PM emissions are at the PM emissions limit, 
there is a 5% chance that the metal emissions are above one-half the 
Tier III limit. If the kiln dust metal concentration at the facility is 
just above the ``conservative'' limit based on the ``safe'' enrichment 
factor provided in Equation 4b, and the PM emissions are at the PM 
emissions limit, there is a 1% chance that the metal emissions are above 
the Tier III limit. In either case, the facility would be unacceptably 
close to a violation. If this situation occurs more than 5% of the time, 
the facility would be required to rerun the series of 10 tests to 
determine the enrichment factor. To avoid this expense. the facility 
would be advised to reduce its metals feedrates or to take other 
appropriate measures to maintain its kiln dust metal concentrations in 
compliance with the ``conservative'' dust metal concentration limits.
    In cases where the enrichment factor cannot be determined because 
the kiln dust metal concentration is nondetectable, and thus no 
EF95 exists, the ``violation'' dust metal concentration 
limit is set at ten times the ``conservative'' limit:

DMCLv=10 x DMCLc        (6)

                             10.4  Overview

    The flowchart for implementing the method is shown in Figure 10.4-1. 
The general procedure is as follows:
     Follow the certification of precompliance procedures 
described in subsection 10.6 (to comply with 40 CFR 266.103(b)).
     For each metal of concern, perform a series of tests to 
establish the relationship (enrichment factor) between the concentration 
of emitted metal and the metal concentration in the collected kiln dust.
     Use the demonstrated enrichment factor, in combination with 
the Tier III (or Tier II) metal emission limit and the most stringent 
applicable particulate emission limit, to calculate the ``violation'' 
and ``conservative'' dust metal concentration limits. Include this 
information with the certification of compliance under 40 CFR 
266.103(c).

[[Page 693]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.042



[[Page 694]]

     Perform daily and/or weekly monitoring of the cement kiln 
dust metal concentration to ensure (with appropriate QA/QC) that the 
metal concentration does not exceed either limit.

--If the cement kiln dust metal concentration exceeds the 
``conservative'' limit more than 5% of the time (i.e., more than three 
failures in last 60 tests), the series of tests to determine the 
enrichment factor must be repeated.
--If the cement kiln dust metal concentration exceeds the ``violation'' 
limit, a violation has occurred.

     Perform quarterly tests to verify that the enrichment 
factor has not increased significantly. If the enrichment factor has 
increased, the series of tests to determine the enrichment factor must 
be repeated.

                     10.5  Implementation Procedures

    A step-by-step description for implementing the method is provided 
below:
    (1) Prepare initial limits and test plans.
     Determine the Tier III metal emission limit. The Tier II 
metal emission limit may also be used (see 40 CFR 266.106).
     Determine the applicable PM emission standard. This 
standard is the most stringent particulate emission standard that 
applies to the facility. A facility may elect to restrict itself to an 
even more stringent self-imposed PM emission standard, particularly if 
the facility finds that it is easier to control particulate emissions 
than to reduce the kiln dust concentration of a certain metal (i.e., 
lead).
     Determine which metals need to be monitored (i.e., all 
hazardous metals for which Tier III emission limits are lower than PM 
emission limits--assuming PM is pure metal).
     Follow the compliance procedures described in Subsection 
10.6.
     Follow the guidelines described in SW-846 for preparing 
test plans and waste analysis plans for the following tests:

--Compliance tests to determine limits on metal feedrates in pumpable 
hazardous wastes and in all hazardous wastes (as well as to determine 
other compliance parameters);
--Initial tests to determine enrichment factors;
--Quarterly tests to verify enrichment factors;
--Analysis of hazardous waste feedstreams; and
--Daily and/or weekly monitoring of kiln dust for continuing compliance.

    (2) Conduct tests to determine the enrichment factor.
     These tests must be conducted within a 14-day period. No 
more than two tests may be conducted in any single day. If the tests are 
not completed within a 14-day period, they must be repeated.
     Simultaneous stack samples and kiln dust samples must be 
taken.

--Stack sampling must be conducted with the multiple metals train 
according to procedures provided in section 10.3 of this Methods Manual.
--Kiln dust sampling must be conducted as follows:
--Follow the sampling and analytical procedures described in SW-846 and 
the waste analysis plan as they pertain to the condition and 
accessibility of the dust.
--Samples should be representative of the last ESP or Fabric Filter in 
the APCS series.

     The feedrates of hazardous metals in all pumpable hazardous 
waste streams and in all hazardous waste streams must be monitored 
during these tests. It is recommended (but not required) that the 
feedrates of hazardous metals in all feedstreams also be monitored.
     At least ten single (noncomposited) runs are required 
during the tests.

--The facility must follow a normal schedule of kiln dust recharging for 
all of the tests.
--Three of the first five tests must be compliance tests in conformance 
with 40 CFR 266.103(c); i.e., they must be used to determine maximum 
allowable feedrates of metals in pumpable hazardous wastes. and in all 
hazardous wastes, as well as to determine other compliance limits (see 
40 CFR 266.103(c)(1)).
--The remainder of the tests need not be conducted under full compliance 
test conditions; however, the facility must operate at its compliance 
test production rate, and it must burn hazardous waste during these 
tests such that the feedrate of each metal for pumpable and total 
hazardous wastes is at least 25% of the feedrate during compliance 
testing. If these criteria, and those discussed below, are not met for 
any parameter during a test, then either the test is not valid for 
determining enrichment factors under this method, or the compliance 
limits for that parameter must be established based on these test 
conditions rather than on the compliance test conditions.

     Verify that compliance emission limits are not exceeded.

--Metal emissions must not exceed Tier III (or Tier II) limits.
--PM emissions must not exceed the most stringent of applicable PM 
standards (or an optional self-imposed particulate standard).
     The facility must generate normal, marketable product using 
normal raw materials and fuels under normal operating conditions (for 
parameters other than those specified under this method) when these 
tests are conducted.

[[Page 695]]

     Chromium must be treated as a special case:

--The enrichment factor for total chromium is calculated in the same way 
as the enrichment factor for other metals (i.e., the enrichment factor 
is the ratio of the concentration of total chromium in the emitted 
particulate matter to the concentration of total chromium in the 
collected kiln dust).
--The enrichment factor for hexavalent chromium (if measured) is defined 
as the ratio of the concentration of hexavalent chromium in the emitted 
particulate matter to the concentration of total chromium in the 
collected kiln dust.

    (3) Use the enrichment factors measured in Step 2 to determine 
EF95, EF99, and SEF.
     Calculate EF95 and EF99 
according to the t-distribution as described in Appendix A
     Calculate SEF by

--Equation 4a if EF95 is determinable and if 
EF99 is greater than two times EF95,
--Equation 4b if EF95 is determinable and if 
EF99 is not greater than two times 
EF95.
--Equation 4c if EF95 is not determinable.

    The facility may choose to set an even more conservative SEF to give 
itself a larger margin of safety between the point where corrective 
action is necessary and the point where a violation occurs.
    (4) Prepare certification of compliance.
     Calculate the ``conservative'' dust metal concentration 
limit (DMCLc) using Equation 5.

--Chromium is treated as a special case. The ``conservative'' kiln dust 
chromium concentration limit is set for total chromium, not for 
hexavalent chromium. The limit for total chromium must be calculated 
using the Tier III (or Tier II) metal limit for hexavalent chromium.
--If the stack samples described in Step 2 were analyzed for hexavalent 
chromium, the SEF based on the hexavalent chromium enrichment factors 
(as defined in Step 2) must be used in this calculation.
--If the stack samples were not analyzed for hexavalent chromium, then 
the SEF based on the total chromium enrichment factor must be used in 
this calculation.

     Calculate the ``violation'' dust metal concentration limit 
(DMCLv) using Equation 3 if EF95 is determinable, 
or using Equation 6 if EF95 is not determinable.
--Chromium is treated as a special case. The ``violation'' kiln dust 
chromium concentration limit is set for total chromium, not for 
hexavalent chromium. The limit for total chromium must be calculated 
using the Tier III (or Tier II) metal limit for hexavalent chromium.
--If the stack samples taken in Step 2 were analyzed for hexavalent 
chromium, the EF95 based on the hexavalent chromium 
enrichment factor (as defined in Step 2) should be used in this 
calculation.
--If the stack samples were not analyzed for hexavalent chromium, the 
EF95 based on the total chromium enrichment factor must 
be used in this calculation.

     Submit certification of compliance.
     Steps 2-4 must be repeated for recertification, which is 
required once every 3 years (see Sec. 266.103(d)).
    (5) Monitor metal concentrations in kiln dust for continuing 
compliance, and maintain compliance with all compliance limits for the 
duration of interim status.
     Metals to be monitored during compliance testing are 
classified as either ``critical'' or ``noncritical'' metals.

--All metals must initially be classified as ``critical'' metals and be 
monitored on a daily basis.
--A ``critical'' metal may be reclassified as a ``noncritical'' metal if 
its concentration in the kiln dust remains below 10% of its 
``conservative'' kiln dust metal concentration limit for 30 consecutive 
daily samples. ``Noncritical'' metals must be monitored on a weekly 
basis.
--A ``noncritical'' metal must be reclassified as a ``critical'' metal 
if its concentration in the kiln dust is above 10% of its 
``conservative'' kiln dust metal concentration limit for any single 
daily or weekly sample.

     Noncompliance with the sampling and analysis schedule 
prescribed by this method is a violation of the metals controls under 
Sec. 266.103.
     Follow the sampling, compositing, and analytical procedures 
described in this method and in SW-846 as they pertain to the condition 
and accessibility of the kiln dust.
     Follow the same procedures and sample at the same locations 
as were used for kiln dust samples collected to determine the enrichment 
factors (as discussed in Step 2).
     Samples must be collected at least once every 8 hours, and 
a daily composite must be prepared according to SW-846 procedures.

--At least one composite sample is required. This sample is referred to 
as the ``required'' sample.
--For QA/QC purposes, a facility may elect to collect two or more 
additional samples. These samples are referred to as the ``spare'' 
samples. These additional samples must be collected over the same time 
period and according to the same procedures as those used for the 
``required'' sample.
--Samples for ``critical'' metals must be daily composites.
--Samples for ``noncritical'' metals must be weekly composites. These 
samples can be composites of the original 8-hour samples, or they can be 
composites of daily composite samples.


[[Page 696]]


     Analyze the ``required'' sample to determine the 
concentration of each metal.

--This analysis must be completed within 48 hours of the close of the 
sampling period. Failure to meet this schedule is a violation of the 
metals standards of Sec. 266.103.

     If the ``conservative'' kiln dust metal concentration limit 
is exceeded for any metal, refer to Step 8.
     If the ``conservative'' kiln dust metal concentration limit 
is not exceeded, continue with the daily or weekly monitoring (Step 5) 
for the duration of interim status.
     Conduct quarterly enrichment factor verification tests, as 
described in Step 6.
    (6) Conduct quarterly enrichment factor verification tests.
     After certification of compliance with the metals 
standards, a facility must conduct quarterly enrichment factor 
verification tests every three months for the duration of interim 
status. The first quarterly test must be completed within three months 
of certification (or recertification). Each subsequent quarterly test 
must be completed within three months of the preceding quarterly test. 
Failure to meet this schedule is a violation.
     Simultaneous stack samples and kiln dust samples must be 
collected.
     Follow the same procedures and sample at the same locations 
as were used for kiln dust samples and stack samples collected to 
determine the enrichment factors (as discussed in Step 2).
     At least three single (noncomposited) runs are required. 
These tests need not be conducted under the operating conditions of the 
initial compliance test; however, the facility must operate under the 
following conditions:

--It must operate at compliance test production rate.
--It must burn hazardous waste during the test, and for the 2-day period 
immediately preceding the test, such that the feedrate of each metal for 
pumpable and total hazardous wastes consist of at least 25% of the 
operating limits established during the compliance test.
--It must remain in compliance with all compliance parameters (see 
Sec. 266.103(c)(1)).
--It must follow a normal schedule of kiln dust recharging.
--It must generate normal marketable product from normal raw materials 
during the tests.

    (7) Conduct a statistical test to determine if the enrichment 
factors measured in the quarterly verification tests have increased 
significantly from the enrichment factors determined in the tests 
conducted in Step 2. The enrichment factors have increased significantly 
if all three of the following criteria are met:
     By applying the t-test described in appendix A, it is 
determined that the enrichment factors measured in the quarterly tests 
are not taken from the same population as the enrichment factors 
measured in the Step 2 tests;
     The EF95 calculated for the combined data 
sets (i.e., the quarterly test data and the original Step 2 test data) 
according to the t-distribution (described in appendix A) is more than 
10% higher than the EF95 based on the enrichment factors 
previously measured in Step 2; and
     The highest measured kiln dust metal concentration recorded 
in the previous quarter is more than 10% of the ``violation'' kiln dust 
concentration limit that would be calculated from the combined 
EF95%.
    If the enrichment factors have increased significantly, the tests to 
determine the enrichment factors must be repeated (refer to Step 11). If 
the enrichment factors have not increased significantly, continue to use 
the kiln dust metal concentration limits based on the enrichment factors 
previously measured in Step 2, and continue with the daily and/or weekly 
monitoring described in Step 5.
    (8) If the ``conservative'' kiln dust metal concentration limit was 
exceeded for any metal in any single analysis of the ``required'' kiln 
dust sample, the ``spare'' samples corresponding to the same period may 
be analyzed to determine if the exceedance was due to a sampling or 
analysis error.
     If no ``spare'' samples were taken, refer to Step 9.
     If the average of all the samples for a given day (or week, 
as applicable) (including the ``required'' sample and the ``spare'' 
samples) does not exceed the ``conservative'' kiln dust metal 
concentration limit, no corrective measures are necessary; continue with 
the daily and/or weekly monitoring as described in Step 5.
     If the average of all the samples for a given day (or week, 
as applicable) exceeds the ``conservative'' kiln dust metal 
concentration limit, but the average of the ``spare'' samples is below 
the ``conservative'' kiln dust metal concentration limit, apply the Q-
test, described in appendix A, to determine whether the ``required'' 
sample concentration can be judged as an outlier.

--If the ``required'' sample concentration is judged an outlier, no 
corrective measures are necessary; continue with the daily and/or weekly 
monitoring described in Step 5.
--If the ``required'' sample concentration is not judged an outlier, 
refer to Step 9.

    (9) Determine if the ``violation'' kiln dust metal concentration has 
been exceeded based on either the average of all the samples collected 
during the 24-hour period in question, or if discarding an outlier can 
be statistically justified by the Q-test described in

[[Page 697]]

appendix A, on the average of the remaining samples.
     If the ``violation'' kiln dust metal concentration limit 
has been exceeded, a violation of the metals controls under 
Sec. 266.103(c) has occurred. Notify the Director that a violation has 
occurred. Hazardous waste may be burned for testing purposes for up to 
720 operating hours to support a revised certification of compliance. 
Note that the Director may grant an extension of the hours of hazardous 
waste burning under Sec. 266.103(c)(7) if additional burning time is 
needed to support a revised certification for reasons beyond the control 
of the owner or operator. Until a revised certification of compliance is 
submitted to the Director, the feedrate of the metals in violation in 
total and pumpable hazardous waste feeds is limited to 50% of the 
previous compliance test limits.
     If the ``violation'' kiln dust metal concentration has not 
been exceeded:

--If the exceedance occurred in a daily composite sample, refer to Step 
10.
--If the exceedance occurred in a weekly composite sample, refer to Step 
11.

    (10) Determine if the ``conservative'' kiln dust metal concentration 
limit has been exceeded more than three times in the last 60 days.
     If not, log this exceedance and continue with the daily 
and/or weekly monitoring (Step 5).
     If so, the tests to determine the enrichment factors must 
be repeated (refer to Step 11).
     This determination is made separately for each metal. For 
example,

--Three exceedances for each of the ten hazardous metals are allowed 
within any 60-day period.
--Four exceedances of any single metal in any 60-day period is not 
allowed.

     This determination should be made daily, beginning on the 
first day of daily monitoring. For example, if four exceedances of any 
single metal occur in the first four days of daily monitoring, do not 
wait until the end of the 60-day period; refer immediately to Step 11.
    (11) The tests to determine the enrichment factor must be repeated 
if: (1) More than three exceedances of the ``conservative'' kiln dust 
metal concentration limit occur within any 60 consecutive daily samples; 
(2) an excursion of the ``conservative'' kiln dust metal concentration 
limit occurs in any weekly sample; or (3) a quarterly test indicates 
that the enrichment factors have increased significantly.
     The facility must notify the Director if these tests must 
be repeated.
     The facility has up to 720 hazardous-waste-burning hours to 
redetermine the enrichment factors for the metal or metals in question 
and to recertify (beginning with a return to Step 2). During this 
period, the facility must reduce the feed rate of the metal in violation 
by 50%. If the facility has not completed the recertification process 
within this period, it must stop burning or obtain an extension. 
Hazardous waste burning may resume only when the recertification process 
(ending with Step 4) has been completed.
     Meanwhile, the facility must continue with daily kiln dust 
metals monitoring (Step 5) and must remain in compliance with the 
``violation'' kiln dust metal concentration limits (Step 9).

                     10.6  Precompliance Procedures

    Cement kilns and other industrial furnaces that recycle emission 
control residue back into the furnace must comply with the same 
certification schedules and procedures (with the few exceptions 
described below) that apply to other boilers and industrial furnaces. 
These schedules and procedures, as set forth in Sec. 266.103, require no 
later than the effective date of the rule, each facility submit a 
certification which establishes precompliance limits for a number of 
compliance parameters (see Sec. 266.103(b)(3)), and that each facility 
immediately begin to operate under these limits.
    These precompliance limits must ensure that interim status emissions 
limits for hazardous metals, particulate matter, HCl, and Cl2 are 
not likely to be exceeded. Determination of the values of the 
precompliance limits must be made based on either (1) conservative 
default assumptions provided in this Methods Manual, or (2) engineering 
judgement.
    The flowchart for implementing the precompliance procedures is shown 
in Figure 10.6-1. The step-by-step precompliance implementation 
procedure is described below. The precompliance implementation 
procedures and numbering scheme are similar to those used for the 
compliance procedures described in Subsection 10.5.
    (1) Prepare initial limits and test plans.
     Determine the Tier III metal emission limit. The Tier II 
metal emission limit may also be used (see 40 CFR 266.106).
     Determine the applicable PM emission standard. This 
standard is the most stringent particulate emission standard that 
applies to the facility. A facility may elect to restrict itself to an 
even more stringent self-imposed PM emission standard, particularly if 
the facility finds that it is easier to control particulate emissions 
than to reduce the kiln dust concentration of a certain metal (i.e., 
lead).
     Determine which metals need to be monitored (i.e., all 
hazardous metals for which Tier III emission limits are lower than PM 
emission limits, assuming PM is pure metal).
     Follow the procedures described in SW-846 for preparing 
waste analysis plans for the following tasks:


[[Page 698]]


--Analysis of hazardous waste feedstreams.
--Daily and/or weekly monitoring of kiln dust concentrations for 
continuing compliance.

    (2) Determine the ``safe'' enrichment factor for precompliance. In 
this context, the ``safe'' enrichment factor is a conservatively high 
estimate of the enrichment factor (the ratio of the emitted metal 
concentration to the metal concentration in the collected kiln dust). 
The ``safe'' enrichment factor must be calculated from either 
conservative default values, or engineering judgement.

[[Page 699]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.043



[[Page 700]]

     Conservative default values for the ``safe'' enrichment 
factor are as follows:

--SEF=10 for all hazardous metals except mercury. SEF=10 for antimony, 
arsenic, barium, beryllium, cadmium, chromium, lead, silver, and 
thallium.
--SEF=100 for mercury.

     Engineering judgement may be used in place of conservative 
default assumptions provided that the engineering judgement is 
defensible and properly documented. The facility must keep a written 
record of all assumptions and calculations necessary to justify the SEF. 
The facility must provide this record to EPA upon request and must be 
prepared to defend these assumptions and calculations.
     Examples of situations where the use of engineering judgement is 
appropriate include:

--Use of data from precompliance tests;
--Use of data from previous compliance tests; and
--Use of data from similar facilities.

    (3) This step does not apply to precompliance procedures.
    (4) Prepare certification of precompliance.
     Calculate the ``conservative'' dust metal concentration 
limit (DMCLc) using Equation 5.
     Submit certification of precompliance. This certification 
must include precompliance limits for all compliance parameters that 
apply to other boilers and industrial furnaces (i.e., those that do not 
recycle emission control residue back into the furnace) as listed in 
Sec. 266.103(b)(3), except that it is not necessary to set precompliance 
limits on maximum feedrate of each hazardous metal in all combined 
feedstreams.
     Furnaces that recycle collected PM back into the furnace 
(and that elect to comply with this method (see Sec. 266.103(c)(3)(ii)) 
are subject to a special precompliance parameter, however. They must 
establish precompliance limits on the maximum concentration of each 
hazardous metal in collected kiln dust (which must be set according to 
the procedures described above).
    (5) Monitor metal concentration in kiln dust for continuing 
compliance, and maintain compliance with all precompliance limits until 
certification of compliance has been submitted.
     Metals to be monitored during precompliance testing are 
classified as either ``critical'' or ``noncritical'' metals.

--All metals must initially be classified as ``critical'' metals and be 
monitored on a daily basis.
--A ``critical'' metal may be reclassified as a ``noncritical'' metal if 
its concentration in the kiln dust remains below 10% of its 
``conservative'' kiln dust metal concentration limit for 30 consecutive 
daily samples. ``Noncritical'' metals must be monitored on a weekly 
basis, at a minimum.
--A ``noncritical'' metal must be reclassified as a ``critical'' metal 
if its concentration in the kiln dust is above 10% of its 
``conservative'' kiln dust metal concentration limit for any single 
daily or weekly sample.

     It is a violation if the facility fails to analyze the kiln 
dust for any ``critical'' metal on any single day or for any 
``noncritical'' metal during any single week, when hazardous waste is 
burned.
     Follow the sampling, compositing, and analytical procedures 
described in this method and in SW-846 as they pertain to the condition 
and accessibility of the kiln dust.
     Samples must be collected at least once every 8 hours, and 
a daily composite prepared according to SW-846 procedures.

--At least one composite sample is required. This sample is referred to 
as the ``required'' sample.
--For QA/QC purposes, a facility may elect to collect two or more 
additional samples. These samples are referred to as the ``spare'' 
samples. These additional samples must be collected over the same time 
period and according to the same procedures as those used for the 
``required'' sample.
--Samples for ``critical'' metals must be daily composites.
--Samples for ``noncritical'' metals must be weekly composites, at a 
minimum. These samples can be composites of the original 8-hour samples, 
or they can be composites of daily composite samples.

     Analyze the ``required'' sample to determine the 
concentration of each metal.

--This analysis must be completed within 48 hours of the close of the 
sampling period. Failure to meet this schedule is a violation.

     If the ``conservative'' kiln dust metal concentration limit 
is exceeded for any metal, refer to Step 8.
     If the ``conservative'' kiln dust metal concentration limit 
is not exceeded, continue with the daily and/or weekly monitoring (Step 
5) for the duration of interim status.
    (6) This step does not apply to precompliance procedures.
    (7) This step does not apply to precompliance procedures.
    (8) If the ``conservative'' kiln dust metal concentration limit was 
exceeded for any metal in any single analysis of the ``required'' kiln 
dust sample, the ``spare'' samples corresponding to the same period may 
be analyzed to determine if the exceedance is due to a sampling or 
analysis error.
     If no ``spare'' samples were taken, refer to Step 9.
     If the average of all the samples for a given day (or week, 
as applicable) (including the ``required'' sample and the ``spare'' 
samples) does not exceed the ``conservative'' kiln

[[Page 701]]

dust metal concentration limit, no corrective measures are necessary; 
continue with the daily and/or weekly monitoring as described in Step 5.
     If the average of all the samples for a given day (or week, 
as applicable) exceeds the ``conservative'' kiln dust metal 
concentration limit, but the average of the ``spare'' samples is below 
the ``conservative'' kiln dust metal concentration limit, apply the Q-
test, described in appendix A, to determine whether the ``required'' 
sample concentration can be judged as an outlier.

--If the ``required'' sample concentration is judged an outlier, no 
corrective measures are necessary; continue with the daily and/or weekly 
monitoring described in Step 5.
--If the ``required'' sample concentration is not judged an outlier, 
refer to Step 10.

    (9) This step does not apply to precompliance procedures.
    (10) Determine if the ``conservative'' kiln dust metal concentration 
limit has been exceeded more than three times in the last 60 days.
     If not, log this exceedance and continue with the daily 
and/or weekly monitoring (Step 5).
     If so, the tests to determine the enrichment factors must 
be repeated (refer to Step 11).
     This determination is made separately for each metal; for 
example:

--Three exceedances for each of the ten hazardous metals are allowed 
within any 60-day period.
--Four exceedances of any single metal in any 60-day period is not 
allowed.

     This determination should be made daily, beginning on the 
first day of daily monitoring. For example, if four exceedances of any 
single metal occur in the first four days of daily monitoring, do not 
wait until the end of the 60-day period; refer immediately to Step 11.
    (11) A revised certification of precompliance must be submitted to 
the Director (or certification of compliance must be submitted) if: (1) 
More than three exceedances of the ``conservative'' kiln dust metal 
concentration limit occur within any 60 consecutive daily samples; or 
(2) an exceedance of the ``conservative'' kiln dust metal concentration 
limit occurs in any weekly sample.
     The facility must notify the Director if a revised 
certification of precompliance must be submitted.
     The facility has up to 720 waste-burning hours to submit a 
certification of compliance or a revised certification of precompliance. 
During this period, the feed rate of the metal in violation must be 
reduced by 50%. In the case of a revised certification of precompliance, 
engineering judgement must be used to ensure that the ``conservative'' 
kiln dust metal concentration will not be exceeded. Examples of how this 
goal might be accomplished include:

--Changing equipment or operating procedures to reduce the kiln dust 
metal concentration;
--Changing equipment or operating procedures, or using more detailed 
engineering judgement, to decrease the estimated SEF and thus increase 
the ``conservative'' kiln dust metal concentration limit;
--Increasing the ``conservative'' kiln dust metal concentration limit by 
imposing a stricter PM emissions standard; or
--Increasing the ``conservative'' kiln dust metal concentration limit by 
performing a more detailed risk assessment to increase the metal 
emission limits.

     Meanwhile, the facility must continue with daily kiln dust 
metals monitoring (Step 5).

            Appendix A to Appendix IX to Part 266--Statistics

                 A.1  Determination of Enrichment Factor

    After at least 10 initial emissions tests are performed, an 
enrichment factor for each metal must be determined. At the 95% 
confidence level, the enrichment factor, EF95s, is 
based on the test results and is statistically determined so there is 
only a 5% chance that the enrichment factor at any given time will be 
larger than EF95. Similarly, at the 99% confidence 
level, the enrichment factor, EF99, is statistically 
determined so there is only a 1% chance that the enrichment factor at 
any given time will be larger than EF99.
    For a large number of samples (n > 30), EF95 is 
based on a normal distribution, and is equal to:

EF95=EF+zc         (1)

where:
[GRAPHIC] [TIFF OMITTED] TC01AU92.044


    For a 95% confidence level, zc is equal to 1.645.
    For a small number of samples (n<30), EF95 is based 
on the t-distribution and is equal to:

EF95=EF+tc S        (4)

where the standard deviation, S, is defined as:

[[Page 702]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.045



tc is a function of the number of samples and the confidence level 
that is desired. It increases in value as the sample size decreases and 
the confidence level increases. The 95% confidence level is used in this 
method to calculate the ``violation'' kiln dust metal concentration 
limit; and the 99% confidence level is sometimes used to calculate the 
``conservative'' kiln dust metal concentration limit. Values of tc 
are shown in table A-1 for various degrees of freedom (degrees of 
freedom=sample size-1) at the 95% and 99% confidence levels. As the 
sample size approaches infinity, the normal distribution is approached.

               A.2  Comparison of Enrichment Factor Groups

    To determine if the enrichment factors measured in the quarterly 
tests are significantly different from the enrichment factors determined 
in the initial Step 2 tests, the t-test is used. In this test, the value 
tmeas:
[GRAPHIC] [TIFF OMITTED] TC01AU92.046



                       Table A-1.--t-Distribution                       
------------------------------------------------------------------------
                  n-1 or n1+n2-2                       t.95       t.99  
------------------------------------------------------------------------
  1...............................................       6.31      31.82
  2...............................................       2.92       6.96
  3...............................................       2.35       4.54
  4...............................................       2.13       3.75
  5...............................................       2.02       3.36
  6...............................................       1.94       3.14
  7...............................................       1.90       3.00
  8...............................................       1.86       2.90
  9...............................................       1.83       2.82
 10...............................................       1.81       2.76
 11...............................................       1.80       2.72
 12...............................................       1.78       2.68
 13...............................................       1.77       2.65
 14...............................................       1.76       2.62
 15...............................................       1.75       2.60
 16...............................................       1.75       2.58
 17...............................................       1.74       2.57
 18...............................................       1.73       2.55
 19...............................................       1.73       2.54
 20...............................................       1.72       2.53
 25...............................................       1.71       2.48
 30...............................................       1.70       2.46
 40...............................................       1.68       2.42
 60...............................................       1.67       2.39
120...............................................       1.66       2.36
                                                                        
..................................................      1.645      2.33 
------------------------------------------------------------------------
                                                                        


                                                                                                                
                                                                                                                
                        (n1-1)S1\2\+(n2-1)S2\2\                                                                 
t=  <3-ln (> --------------------------- <3-ln )>  \1/                                              (7)
                                n1+n2-2                      2\                                                 
                                                                                                                
                                                                                                                

is compared to tcrit at the desired confidence level. The 95% 
confidence level is used in this method. Values of tcrit are shown 
in table A-1 for various degrees of freedom (degrees of freedom 
n1+n2-2) at the 95% and 99% confidence levels. If tmeas 
is greater then tcrit, it can be concluded with 95% confidence that 
the two groups are not from the same population.

                         A.3  Rejection of Data

    If the concentration of any hazardous metal in the ``required'' kiln 
dust sample exceeds the kiln dust metal concentration limit, the 
``spare'' samples are analyzed. If the average of the combined 
``required'' and ``spare'' values is still above the limit, a 
statistical test is used to decide if the upper value can be rejected.
    The ``Q-test'' is used to determine if a data point can be rejected. 
The difference between the questionable result and its neighbor is 
divided by the spread of the entire data set. The resulting ratio, 
Qmeas, is then compared with rejection values that are critical for 
a particular degree of confidence, where Qmeas is:

                                                                        
                                                                        
                 DMChighest-DMCnext                                     
                       highest                                          
meas= ----------------------                                (8)
                DMChighest-DMClowest                                    
                                                                        

The 90% confidence level for data rejection is used in this method. 
Table A-2 provides the values of Qcrit at the 90% confidence level. 
If Qmeas is larger than Qcrit, the data point can be 
discarded. Only one data point from a sample group can be rejected using 
this method.

            Table A-2.--Critical Values for Use in the Q-Test           
------------------------------------------------------------------------
                                n                                  Qcrit
------------------------------------------------------------------------
 3...............................................................   0.94
 4...............................................................   0.76
 5...............................................................   0.64
 6...............................................................   0.56
 7...............................................................   0.51
 8...............................................................   0.47
 9...............................................................   0.44
 10..............................................................  0.41 
------------------------------------------------------------------------
                                                                        


[[Page 703]]

[56 FR 32692, July 17, 1991 as amended 56 FR 42512, 42516, Aug. 27, 
1991; 57 FR 38566, Aug. 25, 1992; 57 FR 44999, Sept. 30, 1992]

                         Appendix X--[Reserved]

Appendix XI to Part 266--Lead-Bearing Materials That May be Processed in 
                          Exempt Lead Smelters

 A. Exempt Lead-Bearing Materials When Generated or Originally Produced 
                    By Lead-Associated Industries \1\

Acid dump/fill solids
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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

[56 FR 42517, Aug. 27, 1991]

Appendix XII to Part 266--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, and gloves)
Laboratory samples and spent chemicals
Shipping containers and plastic liners from containers or vehicles used 
to transport nickel or chromium-containing wastes
Respirator cartridge filters
Paper hand towels

  B. Exempt Nickel or Chromium-Bearing Materials when Generated by Any 
                                Industry

Electroplating wastewater treatment sludges (F006)
Nickel and/or chromium-containing solutions
Nickel, chromium, and iron catalysts
Nickel-cadmium and nickel-iron batteries
Filter cake from wet scrubber system water treatment plants in the 
specialty steel industry \1\
---------------------------------------------------------------------------

    \1\ If a hazardous waste under an authorized State program.
---------------------------------------------------------------------------

Filter cake from nickel-chromium alloy pickling operations \1\

[56 FR 42517, Aug. 27, 1991]

Appendix XIII to Part 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 40 
   CFR Part 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

[[Page 704]]

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 or mercury contained in soil

[59 FR 48042, Sept. 19, 1994]



PART 267--[Reserved]






PART 268--LAND DISPOSAL RESTRICTIONS--Table of Contents




                           Subpart A--General

Sec.
268.1  Purpose, scope, and applicability.
268.2  Definitions applicable in this part.
268.3  Dilution prohibited as a substitute for treatment.
268.4  Treatment surface impoundment exemption.
268.5  Procedures for case-by-case extensions to an effective date.
268.6  Petitions to allow land disposal of a waste prohibited under 
          subpart C of part 268.
268.7  Waste analysis and recordkeeping.
268.8  [Reserved]
268.9  Special rules regarding wastes that exhibit a characteristic.

 Subpart B--Schedule for Land Disposal Prohibition and Establishment of 
                           Treatment Standards

268.10--268.12  [Reserved]
268.13  Schedule for wastes identified or listed after November 8, 1984.
268.14  Surface impoundment exemptions.

                Subpart C--Prohibitions on Land Disposal

268.30  Waste specific prohibitions--Solvent wastes.
268.31  Waste specific prohibitions--Dioxin-containing wastes.
268.32  Waste specific prohibitions--California list wastes.
268.33  Waste specific prohibitions--First third wastes.
268.34  Waste specific prohibitions--Second third wastes.
268.35  Waste specific prohibitions--Third third wastes.
268.36  Waste specific prohibitions--newly listed wastes.
268.37  Waste specific prohibitions--ignitable and corrosive 
          characteristic wastes whose treatment standards were vacated.
268.38  Waste specific prohibitions--newly identified organic toxicity 
          characteristic wastes and newly listed coke by-product and 
          chlorotoluene production wastes.
268.39  Waste specific prohibitions--spent aluminum potliners; reactive; 
          and carbamate wastes.

                     Subpart D--Treatment Standards

268.40  Applicability of treatment standards.
268.41  Treatment standards expressed as concentrations in waste 
          extract.
268.42  Treatment standards expressed as specified technologies.
268.43  Treatment standards expressed as waste concentrations.
268.44  Variance from a treatment standard.
268.45  Treatment standards for hazardous debris.
268.46  Alternative treatment standards based on HTMR.
268.48  Universal treatment standards.

                   Subpart E--Prohibitions on Storage

268.50  Prohibitions on storage of restricted wastes.

Appendix I to Part 268--Toxicity Characteristic Leaching Procedure 
          (TCLP) [Note]
Appendix II to Part 268--Treatment Standards (As Concentrations in the 
          Treatment Residual Extract)
Appendix III to Part 268--List of Halogenated Organic Compounds 
          Regulated Under Sec. 268.32
Appendix IV to Part 268--Wastes Excluded From Lab Packs Under the 
          Alternative Treatment Standards of Sec. 268.42(c)
Appendix V to Part 268--[Reserved]
Appendix VI to Part 268--Recommended Technologies to Achieve 
          Deactivation of Characteristics in Section 268.42
Appendix VII to Part 268--Effective Dates of Surface Disposed Wastes 
          (Non-Soil and Debris) Regulated in the LDRs--Comprehensive 
          List
Appendix VIII to Part 268--National Capacity LDR Variances for UIC 
          Wastes
Appendix IX to Part 268--Extraction Procedures (EP) Toxicity Test Method 
          and Structural Integrity Test (Method 1310)
Appendix X to Part 268--Recordkeeping, Notification, and/or 
          Certification Requirements
Appendix XI to Part 268--Metal Bearing Wastes Prohibited From Dilution 
          in a Combustion Unit According to 40 CFR 268.3(c)

    Authority: 42 U.S.C. 6905, 6912(a), 6921, and 6924.



[[Page 705]]





                           Subpart A--General



Sec. 268.1  Purpose, scope and applicability.

    (a) This part 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 part or part 
261 of this chapter, the requirements of this part 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 subpart C of this part or pursuant to 
Sec. 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 Sec. 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 part, or 
part 148 of this chapter, 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 part 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 Sec. 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 Sec. 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 part shall not affect the availability 
of a waiver under section 121(d)(4) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA).
    (e) The following hazardous wastes are not subject to any provision 
of part 268:
    (1) Waste generated by small quantity generators of less than 100 
kilograms of non-acute hazardous waste or less than 1 kilogram of acute 
hazardous waste per month, as defined in Sec. 261.5 of this chapter;
    (2) Waste pesticides that a farmer disposes of pursuant to 
Sec. 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 to wastewater treatment systems of commercial 
chemical product or chemical intermediates that are ignitable (D001), 
corrosive (D002), or are organic constituents that exhibit the 
characteristic of toxicity (D012-D043), and that contain underlying 
hazardous constituents as defined in Sec. 268.2(i), are not considered 
to be prohibited wastes. De minimis is 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; and rinsate from empty containers or from containers 
that are rendered empty by that rinsing; or
    (5) Land disposal prohibitions for hazardous characteristic wastes 
do not apply to laboratory wastes displaying

[[Page 706]]

the characteristic of ignitability (D001), corrosivity (D002), or 
organic toxicity (D012--D043), that are mixed with other plant 
wastewaters at facilities whose ultimate discharge is subject to 
regulation under the CWA (including wastewaters at facilities which have 
eliminated the discharge of wastewater), provided that the annualized 
flow of laboratory wastewater into the facility's headworks does not 
exceed one per cent, or provided that the laboratory wastes' combined 
annualized average concentration does not exceed one part per million in 
the facility's headworks.
    (f) Universal waste handlers and universal waste transporters (as 
defined in 40 CFR 260.10) are exempt from 40 CFR 268.7 and 268.50 for 
the hazardous wastes listed below. These handlers are subject to 
regulation under 40 CFR part 273.
    (1) Batteries as described in 40 CFR 273.2;
    (2) Pesticides as described in 40 CFR 273.3; and
    (3) Thermostats as described in 40 CFR 273.4.

[51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended at 53 
FR 27165, July 19, 1988; 53 FR 31212, Aug. 17, 1988; 54 FR 36970, Sept. 
6, 1989; 55 FR 22686, June 1, 1990; 58 FR 29884, May 24, 1993; 59 FR 
48043, Sept. 19, 1994; 60 FR 25542, May 11, 1995; 61 FR 15663, Apr. 8, 
1996; 61 FR 33682, June 28, 1996]



Sec. 268.2  Definitions applicable in this part.

    When used in this part 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 
part.
    (b) Hazardous constituent or constituents means those constituents 
listed in appendix VIII to part 261 of this chapter.
    (c) Land disposal means placement in or on the land, except in a 
corrective action management unit, 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 Subpart D, Part 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 Sec. 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 subpart D of part 261 of this chapter, or that exhibits a 
characteristic of hazardous waste identified in subpart C of part 261 of 
this chapter.
    (i) Underlying hazardous constituent means any constituent listed in 
Sec. 268.48, Table UTS--Universal Treatment Standards, except fluoride, 
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 standards.
    (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 Sec. 268.3(c)(1),

[[Page 707]]

and is specifically listed in appendix XI of this part.

[55 FR 22686, June 1, 1990, as amended at 56 FR 3877, Jan. 31, 1991; 57 
FR 37270, Aug. 18, 1992; 58 FR 8685, Feb. 16, 1993; 58 FR 29884, May 24, 
1993; 59 FR 48043, Sept. 19, 1994; 60 FR 244, Jan. 3, 1995; 61 FR 15597, 
15662, Apr. 8, 1996; 61 FR 33682, June 28, 1996]



Sec. 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 subpart D of this part, to 
circumvent the effective date of a prohibition in subpart C of this 
part, to otherwise avoid a prohibition in subpart C of this part, 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 
Sec. 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 part 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 
Sec. 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).

[61 FR 15663, Apr. 8, 1996, as amended at 61 FR 33682, June 28, 1996]



Sec. 268.4  Treatment surface impoundment exemption.

    (a) Wastes which are otherwise prohibited from land disposal under 
this part 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 
subpart D of this part and/or prohibition levels in subpart C of this 
part or RCRA section 3004(d), the residues from treatment are analyzed, 
as specified in Sec. 268.7 or Sec. 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 Sec. 264.13 
or Sec. 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 subpart D of this part; residues 
which do not meet the prohibition levels established under subpart C of 
this part or imposed by statute (where no treatment standards have been 
established); residues

[[Page 708]]

which are from the treatment of wastes prohibited from land disposal 
under subpart C of this part (where no treatment standards have been 
established and no prohibition levels apply); or residues from managing 
listed wastes which are not delisted under Sec. 260.22 of this chapter. 
However, residues which are the subject of a valid certification under 
Sec. 268.8 made no later than a year after placement of the wastes in an 
impoundment are not required to be removed annually. 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 unless the 
residues are the subject of a valid certification under Sec. 268.8 which 
allows disposal in surface impoundments meeting the requirements of 
Sec. 268.8(a).
    (iv) Recordkeeping. The procedures and schedule for the sampling of 
impoundment contents, the analysis of test data, and the annual removal 
of residues which do not meet the treatment standards, or prohibition 
levels (where no treatment standards have been established), or which 
are from the treatment of wastes prohibited from land disposal under 
subpart C (where no treatment standards have been established and no 
prohibition levels apply), must be specified in the facility's waste 
analysis plan as required under Sec. 264.13 or Sec. 265.13 of this 
chapter.
    (3) The impoundment meets the design requirements of Sec. 264.221(c) 
or Sec. 265.221(a) of this chapter, regardless that the unit may not be 
new, expanded, or a replacement, and be in compliance with applicable 
ground water monitoring requirements of subpart F of part 264 or part 
264 of this chapter unless:
    (i) Exempted pursuant to Sec. 264.221 (d) or (e) of this chapter, or 
to Sec. 265.221 (c) or (d) of this chapter; or,
    (ii) Upon application by the owner or operator, the Administrator, 
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 Administrator, 
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 Regional Administrator a 
written certification that the requirements of Sec. 268.4(a)(3) have 
been met and submits a copy of the waste analysis plan required under 
Sec. 268.4(a)(2). The following certification is required:

    I certify under penalty of law that the requirements of 40 CFR 
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.

[51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended at 52 
FR 25788, July 8, 1987; 53 FR 31212, Aug. 17, 1988]



Sec. 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 Administrator for an 
extension to the effective date of any applicable restriction 
established under subpart C of this part. The applicant must demonstrate 
the following:

[[Page 709]]

    (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 subpart C of this part;
    (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 subpart 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 subpart C of part 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

[[Page 710]]

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 chapter.
    (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 Sec. 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 subpart F of part 265 and Sec. 265.301 (a), (c), and (d) 
of this chapter; or,
    (ii) The landfill, if permitted, is in compliance with the 
requirements of subpart F of part 264 and Sec. 264.301 (c), (d) and (e) 
of this chapter; or
    (iii) The surface impoundment, if in interim status, is in 
compliance with the requirements of subpart F of part 265, Sec. 265.221 
(a), (c), and (d) of this chapter, and RCRA section 3005(j)(1); or
    (iv) The surface impoundment, if permitted, is in compliance with 
the requirements of subpart F of part 264 and Sec. 264.221 (c), (d) and 
(e) of this chapter; 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 subpart F of part 265 of this 
chapter within 12 months after the promulgation of additional listings 
or characteristics of hazardous waste, and with the requirements of 
Sec. 265.221 (a), (c) and (d) of this chapter 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 subpart F of part 265 of this chapter within 12 months 
after the promulgation of additional listings or characteristics of 
hazardous waste, and with the requirements of Sec. 265.221 (a), (c) and 
(d) of this chapter 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 parts 264 and 265.
    (i) Pending a decision on the application the applicant is required 
to comply with all restrictions on land disposal under this part once 
the effective date for the waste has been reached.

[51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended at 52 
FR 25788, July 8, 1987; 54 FR 36971, Sept. 6, 1989; 55 FR 23935, June 
13, 1990; 57 FR 37270, Aug. 18, 1992]



Sec. 268.6  Petitions to allow land disposal of a waste prohibited under subpart C of part 268.

    (a) Any person seeking an exemption from a prohibition under subpart 
C of this part for the disposal of a restricted hazardous waste in a 
particular unit or units must submit a petition to the 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;

[[Page 711]]

    (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 meet 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

[[Page 712]]

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 part 264 or part 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 part 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 40 CFR part 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.

[51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended at 52 
FR 25789, July 8, 1987; 53 FR 31212, Aug. 17, 1988; 54 FR 36971, Sept. 
6, 1989]



Sec. 268.7  Waste analysis and recordkeeping.

    (a) Except as specified in Sec. 268.32, if a generator's waste is 
listed in 40 CFR

[[Page 713]]

part 261, subpart D, the generator must test his waste, or test an 
extract 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 Sec. 260.11 of this chapter), or use knowledge of the 
waste, to determine if the waste is restricted from land disposal under 
this part. Except as specified in Sec. 268.32, if a generator's waste 
exhibits one or more of the characteristics set out at 40 CFR part 261, 
subpart C, the generator must test an extract using test method 1311 
(the Toxicity Characteristic Leaching Procedure, described in ``Test 
Methods for Evaluating Solid Waste, Physical/Chemical Methods'' (SW-
846)), or use knowledge of the waste, to determine if the waste is 
restricted from land disposal under this Part. If the generator 
determines that his waste exhibits the characteristic of ignitability 
(D001) (and is not in the High TOC Ignitable Liquids Subcategory or is 
not treated by CMBST or RORGS of Sec. 268.42, Table 1), and/or the 
characteristic of corrosivity (D002), and/or reactivity (D003), and/or 
the characteristic of organic toxicity (D012-D043), and is prohibited 
under Sec. 268.37, Sec. 268.38, and Sec. 268.39, the generator must 
determine the underlying hazardous constituents (as defined in 
Sec. 268.2, in the D001, D002, D003, or D012-D043 wastes.
    (1) If a generator determines that he is managing a restricted waste 
under this part and the waste does not meet the applicable treatment 
standards set forth in subpart D of this part or it exceeds the 
applicable prohibition levels set forth in Sec. 268.32 or RCRA section 
3004(d), with each shipment of waste the generator must notify the 
treatment or storage facility in writing. The notice must include the 
following information:
    (i) EPA Hazardous Waste Number;
    (ii) The waste constituents that the treater will monitor, if 
monitoring will not include all regulated constituents, for wastes F001-
F005, F039, D001, D002, D003, and D012-D043. Generators must also 
include whether the waste is a nonwastewater or wastewater (as defined 
in Sec. 268.2 (d) and (f), and indicate the subcategory of the waste 
(such as ``D003 reactive cyanide''), if applicable;
    (iii) The manifest number associated with the shipment of waste;
    (iv) For hazardous debris, the contaminants subject to treatment as 
provided by Sec. 268.45(b) and the following statement: ``This hazardous 
debris is subject to the alternative treatment standards of 40 CFR 
268.45;'' and
    (v) The waste analysis data, where available.
    (2) If a generator determines that he is managing a restricted waste 
under this Part, and determines that the waste can be land disposed 
without further treatment, with each shipment of waste he must submit, 
to the treatment, storage, or land disposal facility, a notice and a 
certification stating that the waste meets the applicable treatment 
standards set forth in subpart D of this part and the applicable 
prohibition levels set forth in Sec. 268.32 or RCRA section 3004(d). 
Generators of hazardous debris that is excluded from the definition of 
hazardous waste under Sec. 261.3(e)(2) of this chapter (i.e., debris 
that the Director has determined does not contain hazardous waste), 
however, are not subject to these notification and certification 
requirements.
    (i) The notice must include the following information:
    (A) EPA Hazardous Waste Number;
    (B) The waste constituents that the treater will monitor, if 
monitoring will not include all regulated constituents, for wastes F001-
F005, F039, D001, D002, D003, and D012-D043. Generators must also 
include whether the waste is a nonwastewater or wastewater (as defined 
in Sec. 268.2(d) and (f)) and indicate the subcategory of the waste 
(such as ``D003 reactive cyanide''), if applicable;
    (C) The manifest number associated with the shipment of waste;
    (D) Waste analysis data, where available.
    (ii) The certification must be signed by an authorized 
representative and must state the following:

    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 and all applicable prohibitions set forth in 40 CFR 268.32 or

[[Page 714]]

RCRA section 3004(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.

    (3) If a generator's waste is subject to an exemption from a 
prohibition on the type of land disposal method utilized for the waste 
(such as, but not limited to, a case-by-case extension under Sec. 268.5, 
an exemption under Sec. 268.6, or a nationwide capacity variance under 
subpart C of this part), with each shipment of waste he must submit a 
notice to the facility receiving his waste stating that the waste is not 
prohibited from land disposal. The notice must include the following 
information:
    (i) EPA Hazardous Waste Number;
    (ii) The waste constituents that the treater will monitor, if 
monitoring will not include all regulated constituents, for wastes F001-
F005, F039, D001, D002, D003, and D012-D043. Generators must also 
include whether the waste is a nonwastewater or wastewater (as defined 
in Sec. 268.2(d) and (f)), and indicate the subcategory of the waste 
(such as ``D003 reactive cyanide''), if applicable;
    (iii) The manifest number associated with the shipment of waste;
    (iv) Waste analysis data, where available;
    (v) For hazardous debris when using the alternative treatment 
technologies provided by Sec. 268.45:
    (A) The contaminants subject to treatment, as described in 
Sec. 268.45(b); and
    (B) An indication that these contaminants are being treated to 
comply with Sec. 268.45.
    (vi) For hazardous debris when using the treatment standards for the 
contaminating waste(s) in Sec. 268.40: the requirements described in 
paragraphs (a)(3) (i), (ii), (iii), (iv), and (vii) of this section; 
and,
    (vii) The date the waste is subject to the prohibitions.
    (4) If a generator is managing prohibited waste in tanks, 
containers, or containment buildings regulated under 40 CFR 262.34, and 
is treating such waste in such tanks, containers, or containment 
buildings to meet applicable treatment standards under subpart D of this 
part, the generator must develop and follow a written waste analysis 
plan which describes the procedures the generator will carry out to 
comply with the treatment standards. (Generators treating hazardous 
debris under the alternative treatment standards of Table 1, 
Sec. 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 Part, including the 
selected testing frequency.
    (ii) Such plan must be filed with the EPA Regional Administrator (or 
his designated representative) or State authorized to implement Part 268 
requirements a minimum of 30 days prior to the treatment activity, with 
delivery verified.
    (iii) Wastes shipped off-site pursuant to this paragraph must comply 
with the notification requirements of Sec. 268.7(a)(2).
    (5) If a generator determines whether 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 whether the waste is restricted based on testing 
this waste or an extract developed using the test method described in 
Appendix I of this part, all waste analysis data must be retained on-
site in the generator's files.
    (6) 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 regulation, under 40 CFR 261.2 through 261.6 
subsequent to the point of generation, 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 regulation, 
and the disposition of the waste, in the facility's file.
    (7) Generators must retain on-site a copy of all notices, 
certifications, demonstrations, waste analysis data, and

[[Page 715]]

other documentation produced pursuant to this section for at least five 
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 five year record retention period is automatically 
extended during the course of any unresolved enforcement action 
regarding the regulated activity or as requested by the Administrator. 
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 40 CFR 
261.2 through 261.6, or exempted from RCRA Subtitle C regulation, 
subsequent to the point of generation.
    (8) If a generator is managing a lab pack that contains none of the 
wastes specified in appendix IV of part 268, and wishes to use the 
alternative treatment standard under Sec. 268.42(c), with each shipment 
of waste the generator must submit a notice to the treatment facility in 
accordance with paragraph (a)(1) of this section, except that underlying 
hazardous constituents need not be determined. The generator must also 
comply with the requirements in paragraphs (a)(5) and (a)(6) of this 
section and must submit the following certification, which must be 
signed by an authorized representative:

    I certify under penalty of law that I personally have examined and 
am familiar with the waste and that the lab pack does not contain any 
wastes identified at Appendix IV to part 268. I am aware that there are 
significant penalties for submitting a false certification including 
possibility of fine or imprisonment.
    (9) [Reserved]
    (10) Small quantity generators with tolling agreements pursuant to 
40 CFR 262.20(e) must comply with the applicable notification and 
certification requirements of paragraph (a) of this section for the 
initial shipment of the waste subject to the agreement. Such generators 
must retain on-site a copy of the notification and certification, 
together with the tolling agreement, for at least three years after 
termination or expiration of the agreement. 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 Administrator.
    (b) Treatment facilities must test their wastes according to the 
frequency specified in their waste analysis plans as required by 
Sec. 264.13 or Sec. 265.13. 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 (Sec. 268.41), the owner or operator of the 
treatment facility must test the treatment residues, or an extract of 
such residues developed using the test method described in appendix I of 
this part, to assure that the treatment residues or extract meet the 
applicable treatment standards.
    (2) For wastes that are prohibited under Sec. 268.32 of this part or 
RCRA section 3004(d) but not subject to any treatment standards under 
subpart D of this part, the owner or operator of the treatment facility 
must test the treatment residues according to the generator testing 
requirements specified in Sec. 268.32 to assure that the treatment 
residues comply with the applicable prohibitions.
    (3) For wastes with treatment standards expressed as concentrations 
in the waste (Sec. 268.43), the owner or operator of the treatment 
facility must test the treatment residues (not an extract of such 
residues) to assure that the treatment residues meet the applicable 
treatment standards.
    (4) A notice must be sent with each waste shipment to the land 
disposal facility which includes the following information, except that 
debris excluded from the definition of hazardous waste under 
Sec. 261.3(e) of this chapter (i.e., debris treated by an extraction or 
destruction technology provided by Table 1, Sec. 268.45, and debris that 
the Director has determined does not contain hazardous waste) is subject 
to the notification and certification requirements of paragraph (d) of 
this section rather than these notification requirements:
    (i) EPA Hazardous Waste Number;
    (ii) The waste constituents to be monitored, if monitoring will not 
include all regulated constituents, for wastes F001-F005, F039, D001, 
D002, D003, and D012-D043. Generators must also include whether the 
waste is a

[[Page 716]]

nonwastewater or wastewater (as defined in Sec. 268.2(d) and (f), and 
indicate the subcategory of the waste (such as D003 reactive cyanide), 
if applicable;
    (iii) The manifest number associated with the shipment of waste; and
    (iv) Waste analysis data, where available.
    (5) The treatment facility must submit a certification with each 
shipment of waste or treatment residue of a restricted waste to the land 
disposal facility stating that the waste or treatment residue has been 
treated in compliance with the applicable performance standards 
specified in subpart D of this part and the applicable prohibitions set 
forth in Sec. 268.32 or RCRA section 3004(d). Debris excluded from the 
definition of hazardous waste under Sec. 261.3(e) of this chapter (i.e., 
debris treated by an extraction or destruction technology provided by 
Table 1, Sec. 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 (b)(5).
    (i) For wastes with treatment standards expressed as concentrations 
in the waste extract or in the waste (Sec. 268.41 or Sec. 268.43), or 
for wastes prohibited under Sec. 268.32 of this part or RCRA section 
3004(d) which are not subject to any treatment standards under subpart D 
of this part, the certification must be signed by an authorized 
representative and 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 and that, 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 performance levels 
specified in 40 CFR part 268, subpart D, and all applicable prohibitions 
set forth in 40 CFR 268.32 or RCRA section 3004(d) without impermissible 
dilution of the prohibited waste. I am aware that there are significant 
penalties for submitting a false certification, including the 
possibility of fine and imprisonment.

    (ii) For wastes with treatment standards expressed as technologies 
(Sec. 268.42), the certification must be signed by an authorized 
representative and must state the following:

    I certify under penalty of law that the waste has been treated in 
accordance with the requirements of 40 CFR 268.42. I am aware that there 
are significant penalties for submitting a false certification, 
including the possibility of fine and imprisonment.

    (iii) For wastes with treatment standards expressed as 
concentrations in the waste pursuant to Sec. 268.43, if compliance with 
the treatment standards in subpart D of this part is based in part or in 
whole on the analytical detection limit alternative specified in 
Sec. 268.43(c), the certification also 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 and that, based on my inquiry 
of those individuals immediately responsible for obtaining this 
information, I believe that the nonwastewater organic constituents have 
been treated by incineration in units operated in accordance with 40 CFR 
part 264, subpart O or 40 CFR part 265, subpart O, or by combustion in 
fuel substitution units operating in accordance with applicable 
technical requirements, and 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 that there are 
significant penalties for submitting a false certification, including 
the possibility of fine and imprisonment.

    (iv) For characteristic wastes D001, D002, D003, and D012-D043 that 
are: subject to the treatment standards in Sec. 268.40 (other than those 
expressed as a required method of treatment); that are reasonably 
expected to contain underlying hazardous constituents as defined in 
Sec. 268.2(i); 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 to remove the 
hazardous characteristic. This decharacterized waste contains underlying 
hazardous constituents that require further treatment to meet universal 
treatment standards. I am aware that there are significant penalties for 
submitting a false certification, including the possibility of fine and 
imprisonment.


[[Page 717]]


    (v) For characteristic wastes D001, D002, D003 and D012-D043 that 
contain underlying hazardous constituents as defined in Sec. 268.2(i) 
that are treated on-site to remove the hazardous characteristic and to 
treat underlying hazardous constituents to levels in Sec. 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 Sec. 268.2, have been treated on-site to meet the Sec. 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.

    (6) If the waste or treatment residue will be further managed at a 
different treatment or storage 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.
    (7) Where the wastes are recyclable materials used in a manner 
constituting disposal subject to the provisions of Sec. 266.20(b) 
regarding treatment standards and prohibition levels, the owner or 
operator of a treatment facility (i.e., the recycler) is not required to 
notify the receiving facility, pursuant to paragraph (b)(4) of this 
section. With each shipment of such wastes the owner or operator of the 
recycling facility must submit a certification described in paragraph 
(b)(5) of this section, and a notice which includes the information 
listed in paragraph (b)(4) of this section (except the manifest number) 
to the Regional Administrator, or his delegated representative. The 
recycling facility also must 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 40 CFR 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, and the certification specified in 
Sec. 268.8 if applicable.
    (2) Test the waste, or an extract of the waste or treatment residue 
developed using the test method described in appendix I of this part or 
using any methods required by generators under Sec. 268.32 of this part, 
to assure that the wastes or treatment residues are in compliance with 
the applicable treatment standards set forth in subpart D of this part 
and all applicable prohibitions set forth in Sec. 268.32 of this part or 
in RCRA section 3004(d). Such testing must be performed according to the 
frequency specified in the facility's waste analysis plan as required by 
Sec. 264.13 or Sec. 265.13.
    (d) Generators or treaters who first claim that hazardous debris is 
excluded from the definition of hazardous waste under Sec. 261.3(e) of 
this chapter (i.e., debris treated by an extraction or destruction 
technology provided by Table 1, Sec. 268.45, and debris that the EPA 
Regional Administrator (or his designated representative) or State 
authorized to implement 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 EPA Regional hazardous waste management 
division director (or his designated representative) or State authorized 
to implement part 268 requirements, or State authorized to implement 
part 268 requirements:
    (2) The notification must be updated if the debris is shipped to a 
different facility, and, for debris excluded under Sec. 261.2(e)(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 Sec. 261.3(e)(1) of this chapter, the 
owner or operator of the treatment facility must document and certify 
compliance with the treatment standards of Table 1, Sec. 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;

[[Page 718]]

    (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.''

[51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended at 52 
FR 25789, July 8, 1987; 53 FR 31213, Aug. 17, 1988; 54 FR 26648, June 
23, 1989; 54 FR 36971, Sept. 6, 1989; 55 FR 22687, June 1, 1990; 55 FR 
23935, June 13, 1990; 56 FR 3877, Jan. 31, 1991; 57 FR 37270, Aug. 18, 
1992; 58 FR 29884, May 24, 1993; 58 FR 46050, Aug. 31, 1993; 59 FR 
47980, Sept. 19, 1994; 59 FR 48043, Sept. 19, 1994; 60 FR 244, Jan. 3, 
1995; 61 FR 15598, Apr. 8, 1996]
Sec. 268.8  [Reserved]



Sec. 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 subpart D of this 
part. For purposes of this part 268, the waste will carry the waste code 
for any applicable listing under 40 CFR part 261, subpart D. In 
addition, the waste will carry one or more of the waste codes under 40 
CFR part 261, subpart C, where the waste exhibits a characteristic, 
except in the case when the treatment standard for the waste code listed 
in 40 CFR part 261, subpart D operates in lieu of the standard for the 
waste code under 40 CFR part 261, subpart C, as specified in paragraph 
(b) of this section. If the generator determines that his waste displays 
a hazardous characteristic (and the waste is not a D004--D011 waste, a 
High TOC D001, or is not treated by CMBST, or RORGS of Sec. 268.42, 
Table 1), the generator must determine what underlying hazardous 
constituents (as defined in Sec. 268.2), are reasonably expected to be 
present above the universal treatment standards found in Sec. 268.48.
    (b) Where a prohibited waste is both listed under 40 CFR part 261, 
subpart D and exhibits a characteristic under 40 CFR part 261, subpart 
C, the treatment standard for the waste code listed in 40 CFR part 261, 
subpart D will operate in lieu of the standard for the waste code under 
40 CFR part 261, subpart 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 40 CFR part 261, subpart C may be land disposed 
unless the waste complies with the treatment standards under subpart D 
of this part.
    (d) Wastes that exhibit a characteristic are also subject to 
Sec. 268.7 requirements, except that once the waste is no longer 
hazardous, a one-time notification and certification must be placed in 
the generators or treaters files and sent to the EPA region or 
authorized state. 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 facility 
receiving the waste changes. However, the generator or treater need only 
notify the EPA region or an authorized state on an annual basis if such 
changes occur. Such notification and certification should be sent to the 
EPA region or authorized state by the end of the calendar year, but no 
later that December 31.
    (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 Number(s), treatability group(s), and 
underlying hazardous constituents (as defined in

[[Page 719]]

Sec. 268.2(i) in D001 and D002 wastes prohibited under Sec. 268.37, or 
D012-D043 wastes under Sec. 268.38.
    (2) The certification must be signed by an authorized representative 
and must state the language found in Sec. 268.7(b)(5).
    (i) If treatment removes the characteristic but does not treat 
underlying hazardous constituents, then the certification found in 
Sec. 268.7(b)(5)(iv) applies.
    (ii) [Reserved]

[55 FR 22688, June 1, 1990, as amended at 56 FR 3878, Jan. 31, 1991; 57 
FR 37271, Aug. 18, 1992; 58 FR 29885, May 24, 1993; 59 FR 48045, Sept. 
19, 1994; 60 FR 245, Jan. 3, 1995; 61 FR 15599, 15662, Apr. 8, 1996]



 Subpart B--Schedule for Land Disposal Prohibition and Establishment of 
                           Treatment Standards

    Source: 51 FR 19305, May 28, 1986, unless otherwise noted.

Secs. 268.10--268.12  [Reserved]



Sec. 268.13  Schedule for wastes identified or listed after November 8, 1984.

    In the case of any hazardous waste identified or listed under 
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.



Sec. 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, not withstanding that the waste is otherwise 
prohibited from land disposal, provided that the surface impoundment is 
in compliance with the requirements of subpart F of part 265 of this 
chapter 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, not withstanding that the waste is otherwise prohibited 
from land disposal, provided that surface impoundment is in compliance 
with the requirements of subpart F of part 265 of this chapter 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 Sec. 268.4.

[57 FR 37271, Aug. 18, 1992]



                Subpart C--Prohibitions on Land Disposal



Sec. 268.30  Waste specific prohibitions--Solvent wastes.

    (a) Effective November 8, 1986, the spent solvent wastes specified 
in 40 CFR 261.31 as EPA Hazardous Waste Nos. F001, F002, F003, F004, and 
F005, are prohibited under this part from land disposal (except in an 
injection well) unless one or more of the following conditions apply:
    (1) The generator of the solvent waste is a small quantity generator 
of 100-1000 kilograms of hazardous waste per month; or
    (2) The solvent waste is generated from any response action taken 
under the Comprehensive Environmental Response, Compensation and 
Liability Act of 1980 (CERCLA) or any corrective action taken under the 
Resource Conservation and Recovery Act (RCRA), except where the waste is 
contaminated soil or debris; or
    (3) The initial generator's solvent waste is a solventwater mixture, 
solvent-containing sludge or solid, or solventcontaminated soil (non-
CERCLA or RCRA corrective action) containing less than 1 percent total

[[Page 720]]

F001-F005 solvent constituents listed in Table CCWE of Sec. 268.41 of 
this part; or
    (4) The solvent waste is a residue from treating a waste described 
in paragraphs (a)(1), (a)(2), or (a)(3) of this section; or the solvent 
waste is a residue from treating a waste not described in paragraphs 
(a)(1), (a)(2), or (a)(3) of this section provided such residue belongs 
to a different treatability group than the waste as initially generated 
and wastes belonging to such a treatability group are described in 
paragraph (a)(3) of this section.
    (b) Effective November 8, 1988, the F001-F005 solvent wastes listed 
in paragraphs (a) (1), (2), (3), or (4) of this section are prohibited 
from land disposal.
    (c) Effective November 8, 1990, the F001-F005 solvent wastes which 
are 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 
required under subtitle C of the Resource Conservation and Recovery Act 
(RCRA) and the residues from treating these wastes are prohibited from 
land disposal. Between November 8, 1988, and November 8, 1990, these 
wastes may be disposed in a landfill or surface impoundment only if such 
unit is in compliance with the requirements specified in 
Sec. 268.5(h)(2).
    (d) The requirements of paragraphs (a), (b), and (c) of this section 
do not apply if:
    (1) The wastes meet the standards of subpart D of this part; or
    (2) Persons have been granted an exemption from a prohibition 
pursuant to a petition under Sec. 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 Sec. 268.5, with respect to those wastes and 
units covered by the extension.

[53 FR 31216, Aug. 17, 1988]



Sec. 268.31  Waste specific prohibitions--Dioxin-containing wastes.

    (a) Effective November 8, 1988, the dioxin-containing wastes 
specified in 40 CFR 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 Sec. 268.5(h)(2) and all other applicable 
requirements of parts 264 and 265 of this chapter.
    (d) The requirements of paragraphs (a) and (b) of this section do 
not apply if:
    (1) The wastes meet the standards of subpart D of this part; or
    (2) Persons have been granted an exemption from a prohibition 
pursuant to a petition under Sec. 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 Sec. 268.5, with respect to those wastes 
covered by the extension.

[53 FR 31216, Aug. 17, 1988]



Sec. 268.32  Waste specific prohibitions--California list wastes.

    (a) Effective July 8, 1987, the following hazardous wastes are 
prohibited from land disposal (except in injection wells):
    (1) Liquid hazardous wastes having a pH less than or equal to two 
(2.0);
    (2) Liquid hazardous wastes containing polychlorinated biphenyls 
(PCBs) at concentrations greater than or equal to 50 ppm;

[[Page 721]]

    (3) Liquid hazardous wastes that are primarily water and contain 
halogenated organic compounds (HOCs) in total concentration greater than 
or equal to 1,000 mg/l and less than 10,000 mg/l HOCs.
    (b)--(c) [Reserved]
    (d) The requirements of paragraphs (a) and (e) of this section do 
not apply until:
    (1) July 8, 1989 where the wastes are contaminated soil or debris 
not resulting from a response action taken under section 104 or 106 of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act (CERCLA) or a corrective action taken under Subtitle C of the 
Resource Conservation and Recovery Act (RCRA). Between July 8, 1987 and 
July 8, 1989, the wastes may be disposed in a landfill or surface 
impoundment only if such disposal is in compliance with the requirements 
specified in Sec. 268.5(h)(2).
    (2) November 8, 1990 where the wastes are contaminated soil or 
debris resulting from a response action taken under section 104 or 106 
of CERCLA or a corrective action taken under Subtitle C of RCRA. Between 
November 8, 1988, and November 8, 1990, the wastes may be disposed in a 
landfill or surface impoundment only if such unit is in compliance with 
the requirements specified in Sec. 268.5(h)(2).
    (e) Effective November 8, 1988, the following hazardous wastes are 
prohibited from land disposal (subject to any regulations that may be 
promulgated with respect to disposal in injection wells):
    (1) Liquid hazardous wastes that contain HOCs in total concentration 
greater than or equal to 1,000 mg/1 and are not prohibited under 
paragraph (a)(3) of this section; and
    (2) Nonliquid hazardous wastes containing HOCs in total 
concentration greater than or equal to 1,000 mg/kg and are not wastes 
described in paragraph (d) of this section.
    (f) Between July 8, 1987 and November 8, 1988, the wastes included 
in paragraphs (e)(1) and (e)(2) of this section may be disposed in a 
landfill or surface impoundment only if such unit is in compliance with 
the requirements specified in Sec. 268.5(h)(2).
    (g) The requirements of paragraphs (a), (d), and (e) of this section 
do not apply if:
    (1) Persons have been granted an exemption from a prohibition 
pursuant to a petition under Sec. 268.6, with respect to those wastes 
and units covered by the petition (except for liquid hazardous wastes 
containing polychlorinated biphenyls at concentrations greater than or 
equal to 500 ppm which are not eligible for such exemptions); or
    (2) Persons have been granted an extension to the effective date of 
a prohibition pursuant to Sec. 268.5, with respect to those wastes 
covered by the extension; or
    (3) The wastes meet the applicable standards specified in subpart D 
of this part or, where treatment standards are not specified, the wastes 
are in compliance with the applicable prohibitions set forth in this 
section or RCRA section 3004(d).
    (h) The prohibitions and effective dates specified in paragraphs 
(a)(3), (d), and (e) of this section do not apply where the waste is 
subject to a part 268 subpart C prohibition and effective date for a 
specified HOC (such as a hazardous waste chlorinated solvent, see e.g., 
Sec. 268.30(a)).
    (i) To determine whether or not a waste is a liquid under paragraphs 
(a) and (e) of this section and under RCRA section 3004(d), the 
following test must be used: Method 9095 (Paint Filter Liquids Test) as 
described in ``Test Methods for Evaluating Solid Wastes, Physical/
Chemical Methods,'' EPA Publication No. SW-846. (Incorporated by 
reference, see Sec. 260.11(a) of this chapter.)
    (j) Except as otherwise provided in this paragraph, the waste 
analysis and recordkeeping requirements of Sec. 268.7 are applicable to 
wastes prohibited under this part or RCRA section 3004(d):
    (1) The initial generator of a liquid hazardous waste must test his 
waste (not an extract or filtrate) in accordance with the procedures 
specified in Sec. 261.22(a)(1), or use knowledge of the waste, to 
determine if the waste has a pH less than or equal to two (2.0). If the 
liquid waste has a pH less than or equal to two (2.0), it is restricted 
from land disposal and all requirements of part

[[Page 722]]

268 are applicable, except as otherwise specified in this section.
    (2) The initial generator of either a liquid hazardous waste 
containing polychlorinated biphenyls (PCBs) or a liquid or nonliquid 
hazardous waste containing halogenated organic compounds (HOCs) must 
test his waste (not an extract or filtrate), or use knowledge of the 
waste, to determine whether the concentration levels in the waste equal 
or exceed the prohibition levels specified in this section. If the 
concentration of PCBs or HOCs in the waste is greater than or equal to 
the prohibition levels specified in this section, the waste is 
restricted from land disposal and all requirements of part 268 are 
applicable, except as otherwise specified in this section.

[52 FR 25790, July 8, 1987, as amended at 52 FR 41296, Oct. 27, 1987; 53 
FR 31216, Aug. 17, 1988; 54 FR 36972, Sept. 6, 1989]



Sec. 268.33  Waste specific prohibitions--First third wastes

    (a) Effective August 8, 1988, the wastes specified in 40 CFR 261.32 
as EPA Hazardous Waste Nos. F006 (nonwastewater), K001, K004 wastes 
specified in Sec. 268.43(a), K008 wastes specified in Sec. 268.43(a), 
K016, K018, K019, K020, K021 wastes specified in Sec. 268.43(a), K022 
(nonwastewater), K024, K025 nonwastewaters specified in Sec. 268.43(a), 
K030, K036 (nonwastewater), K037, K044, K045, nonexplosive K046 
(nonwastewater), K047, K060 (nonwastewater), K061 (nonwastewaters 
containing less than 15% zinc), K062, non CaS04 K069 
(nonwastewaters), K086 (solvent washes), K087, K099, K100 nonwastewaters 
specified in Sec. 268.43(a), K101 (wastewater), K101 (nonwastewater, low 
arsenic subcategory--less than 1% total arsenic), K102 (wastewater), 
K102 (nonwastewater, low arsenic subcategory--less than 1% total 
arsenic), K103, and K104 are prohibited from land disposal (except in an 
injection well).
    (1) Effective August 8, 1988 and continuing until August 7, 1990, 
K061 wastes containing 15% zinc or greater are prohibited from land 
disposal pursuant to the treatment standards specified in Sec. 268.41 
applicable to K061 wastes that contain less than 15% zinc.
    (b) Effective August 8, 1990, the waste specified in 40 CFR 261.32 
as EPA Hazardous Waste Nos. K071 is prohibited from land disposal.
    (c) Effective August 8, 1990, the wastes specified in 40 CFR 268.10 
having a treatment standard in subpart D of this part based on 
incineration and which are contaminated soil and debris are prohibited 
from land disposal.
    (d) Between November 8, 1988 and August 8, 1990, wastes included in 
paragraphs (b) and (c) of this section may be disposed of in a landfill 
or surface impoundment only if such unit is in compliance with the 
requirements specified in Sec. 268.5(h)(2).
    (e) The requirements of paragraphs (a), (b), (c), and (d) of this 
section do not apply if:
    (1) The wastes meet the applicable standards specified in subpart D 
of this part; or
    (2) Persons have been granted an exemption from a prohibition 
pursuant to a petition under Sec. 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 Sec. 268.5, with respect to those wastes 
covered by the extension.
    (f) Between August 8, 1988, and May 8, 1990, the wastes specified in 
Sec. 268.10 for which treatment standards under subpart D of this part 
have not been promulgated, including those wastes which are subject to 
the statutory prohibitions of RCRA section 3004(d) or codified 
prohibitions under Sec. 268.32 of this part, but not including wastes 
subject to a treatment standard under Sec. 268.42 of this part, are 
prohibited from disposal in a landfill or surface impoundment unless a 
demonstration and certification have been submitted to Sec. 268.8.
    (g) To determine whether a hazardous waste listed in Sec. 268.10 
exceeds the applicable treatment standards specified in Sec. 268.41 and 
Sec. 268.43, the initial generator must test a representative 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

[[Page 723]]

contains constituents in excess of the applicable subpart D levels, the 
waste is prohibited from land disposal and all requirements of part 268 
are applicable, except as otherwise specified.

[53 FR 31217, Aug. 17, 1988, as amended at 54 FR 36972, Sept. 6, 1989; 
55 FR 23935, June 13, 1990; 56 FR 3878, Jan. 31, 1991]



Sec. 268.34  Waste specific prohibitions--Second third wastes.

    (a) Effective June 8, 1989, the following wastes specified in 40 CFR 
261.31 as EPA Hazardous Waste Nos. F010; F024; the wastes specified in 
40 CFR 261.32 as EPA Hazardous Waste Nos. K005, K007; K009 
(nonwastewaters), K010; K023; K027; K028; K029 (nonwastewaters); K036 
(wastewaters); K038; K039; K040; K043; K093; K094; K095 
(nonwastewaters); K096 (nonwastewaters); K113; K114; K115; K116; and the 
wastes specified in 40 CFR 261.33 as EPA Hazardous Waste Nos. P013; 
P021; P029; P030; P039; P040; P041; P043; P044; P062; P063; P071; P074; 
P085; P089; P094: P097; P098; P099; P104; P106; P109; P111; P121; U028; 
U058; U069; U087; U088; U102; U107; U221; U223; and U235 are prohibited 
from land disposal.
    (b) Effective June 8, 1989, the following wastes specified in 40 CFR 
261.32 as EPA Hazardous Waste Nos. K009 (wastewaters), K011 
(nonwastewaters), K013 (nonwastewaters), and K014 (nonwastewaters) are 
prohibited from land disposal except when they are underground injected 
pursuant to 40 CFR 148.14(f) and 148.15(d).
    (c) Effective July 8, 1989, the wastes specified in 40 CFR 261.31 as 
EPA Hazardous Waste Nos. F006--cyanide (nonwastewater); F008; F009; F011 
(wastewaters) and F012 (wastewaters) are prohibited from land disposal.
    (1) Effective July 8, 1989, the following waste specified in 40 CFR 
261.31 as EPA Hazardous Waste No. F007 is prohibited from land disposal 
except when it is underground injected pursuant to 40 CFR 148.14(f).
    (2) Effective July 8, 1989 and continuing until December 8, 1989, 
F011 (nowastewaters) and F012 (nonwastewaters) are prohibited from land 
disposal pursuant to the treatment standards specified in Secs. 268.41 
and 268.43 applicable to F007, F008, and F009 nonwastewaters. Effective 
December 8, 1989 F011 (nowastewaters) and F012 (nonwastewaters) are 
prohibited from land disposal pursuant to the treatment standards 
specified in Secs. 268.41 and 268.43 applicable to F011 (nonwastewaters) 
and F012 (nonwastewaters).
    (d) Effective June 8, 1991, the wastes specified in this section 
having a treatment standard in subpart D of this part based on 
incineration, and which are contaminated soil and debris are prohibited 
from land disposal.
    (e) Between June 8, 1989 and June 8, 1991, (for wastes F007, F008, 
F009, F011, and F012 between June 8, 1989 and July 8, 1989) wastes 
included in paragraphs (c) and (d) of this section may be disposed in a 
landfill or surface impoundment, regardless whether such unit is a new, 
replacement, or lateral expansion unit, only if such unit is in 
compliance with the technical requirements specified in 
Sec. 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 standards specified in subpart D 
of this part; or
    (2) Persons have been granted an exemption from a prohibition 
pursuant to a petition under Sec. 268.6, with respect to those wastes 
and units covered by the petition.
    (g) The requirements of paragraphs (a), (b), and (c) of this section 
do not apply if persons have been granted an extension to the effective 
date of a prohibition pursuant to Sec. 268.5, with respect to those 
wastes covered by the extension.
    (h) Between June 8, 1989 and May 8, 1990, the wastes specified in 
Sec. 268.11 for which treatment standards under subpart D of this part 
are not applicable, including California list wastes subject to the 
statutory prohibitions of RCRA section 3004(d) or codified prohibitions 
under Sec. 268.32, are prohibited from disposal in a landfill or surface 
impoundment unless the wastes are the subject of a valid demonstration 
and certification pursuant to Sec. 268.8.
    (i) To determine whether a hazardous waste listed in Secs. 268.10, 
268.11, and 268.12 exceeds the applicable treatment standards specified 
in Secs. 268.41 and 268.43, the initial generator must test a

[[Page 724]]

representative 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 subpart D levels, the waste is prohibited from land 
disposal and all requirements of part 268 are applicable, except as 
otherwise specified.

[54 FR 26648, June 23, 1989]



Sec. 268.35  Waste specific prohibitions--Third third wastes.

    (a) Effective August 8, 1990, the following wastes specified in 40 
CFR 261.31 as EPA Hazardous Waste Numbers F002 (1,1,2-trichloroethane), 
F005 (benzene), F005 (2-ethoxy ethanol) F005 (2-nitropropane), F006 
(wastewaters), F019, F025, and F039 (wastewaters); the wastes specified 
in 40 CFR 261.32 as EPA Hazardous Waste Numbers K002; K003; K004 
(wastewaters); K005 (wastewaters); K006; K008 (wastewaters); K011 
(wastewaters); K013 (wastewaters); K014 (wastewaters); K015 
(nonwastewaters); K017; K021 (wastewaters); K022 (wastewaters); K025 
(wastewaters); K026; K029 (wastewaters); K031 (wastewaters); K032; K033; 
K034; K035; K041; K042; K046 (wastewaters, reactive nonwastewaters); 
K048 (wastewaters); K049 (wastewaters); K050 (wastewaters); K051 
(wastewaters); K052 (wastewaters); K060 (wastewaters); K061 
(wastewaters) and (high zinc subcategory > 15% zinc); K069 (wastewaters, 
calcium sulfate nonwastewaters); K073, K083; K084 (wastewaters); K085; 
K095 (wastewaters); K096 (wastewaters); K097; K098; K100 (wastewaters); 
K101 (wastewaters); K102 (wastewaters); K105; and K106 (wastewaters); 
the wastes specified in 40 CFR 261.33(e) as EPA Hazardous Waste Numbers 
P001; P002; P003; P004; P005; P006; P007; P008; P009; P010 
(wastewaters); P011 (wastewaters); P012 (wastewaters); P014; P015; P016; 
P017; P018; P020; P022; P023; P024; P026; P027; P028; P031; P033; P034; 
P036 (wastewaters); P037; P038 (wastewaters); P042; P045; P046; P047; 
P048; P049; P050; P051; P054; P056; P057; P058; P059; P060; P064; P065 
(wastewaters); P066; P067; P068; P069; P070; P072; P073; P075; P076; 
P077; P078; P081; P082; P084; P088; P092 (wastewaters); P093; P095; 
P096; P101; P102; P103; P105; P108; P110; P112; P113; P114; P115; P116; 
P118; P119; P120; P122; and P123; and the wastes specified in 40 CFR 
261.33(f) as EPA Hazardous Waste Numbers U001; U002; U003; U004; U005; 
U006; U007; U008; U009; U010; U011; U012; U014; U015; U016; U017; U018; 
U019; U020; U021; U022; U023; U024; U025; U026; U027; U029; U030; U031; 
U032; U033; U034; U035; U036; U037; U038; U039; U041; U042; U043; U044; 
U045; U046; U047; U048; U049; U050; U051; U052; U053; U055; U056; U057; 
U059; U060; U061; U062; U063; U064; U066; U067; U068; U070; U071; U072; 
U073; U074; U075; U076; U077; U078; U079; U080; U081; U082; U083; U084; 
U085; U086; U089; U090; U091; U092; U093; U094; U095; U096; U097; U098; 
U099; U101; U103; U105; U106; U108; U109; U110; U111; U112; U113; U114; 
U115; U116; U117; U118; U119; U120; U121; U122; U123; U124; U125; U126; 
U127; U128; U129; U130; U131; U132; U133; U134; U135; U136 
(wastewaters); U137; U138; U140; U141; U142; U143; U144; U145; U146; 
U147; U148; U149; U150; U151 (wastewaters); U152; U153; U154; U155; 
U156; U157; U158; U159; U160; U161; U162; U163; U164; U165; U166; U167; 
U168; U169; U170; U171; U172; U173; U174; U176; U177; U178; U179; U180; 
U181; U182; U183; U184; U185; U186; U187; U188; U189; U191; U192; U193; 
U194; U196; U197; U200; U201; U202; U203; U204; U205; U206; U207; U208; 
U209; U210; U211; U213; U214; U215; U216; U217; U218; U219; U220; U222; 
U225; U226; U227; U228; U234; U236; U237; U238; U239; U240; U243; U244; 
U246; U247; U248; U249; and the following wastes identified as hazardous 
based on a characteristic alone: D001; D002, D003, D004 (wastewaters), 
D005, D006; D007; D008 (except for lead materials stored before 
secondary smelting), D009 (wastewaters), D010, D011, D012, D013, D014, 
D015, D016, and D017 are prohibited from land disposal.
    (b) Effective November 8, 1990, the following wastes specified in 40 
CFR 261.32 as EPA Hazardous Waste Numbers K048 (nonwastewaters), K049 
(nonwastewaters), K050 (nonwastewaters), K051 (nonwastewaters), and K052 
(nonwastewaters) are prohibited from land disposal.

[[Page 725]]

    (c) Effective May 8, 1992, the following waste specified in 40 CFR 
261.31 as EPA Hazardous Waste Numbers F039 (nonwastewaters); the wastes 
specified in 40 CFR 261.32 as EPA Hazardous Waste Number K031 
(nonwastewaters); K084 (nonwastewaters); K101 (nonwastewaters); K102 
(nonwastewaters); K106 (nonwastewaters); the wastes specified in 40 CFR 
261.33(e) as EPA Hazardous Waste Numbers P010 (nonwastewaters); P011 
(nonwastewaters); P012 (nonwastewaters); P036 (nonwastewaters); P038 
(nonwastewaters); P065 (nonwastewaters); P087; and P092 
(nonwastewaters); the wastes specified in 40 CFR 261.33(f) as EPA 
Hazardous Waste Numbers U136 (nonwastewaters); and U151 
(nonwastewaters); the following wastes identified as hazardous based on 
a characteristic alone: D004 (nonwastewaters); and D009 
(nonwastewaters); inorganic solid debris as defined in 40 CFR 268.2(g) 
(which also applies to chromium refractory bricks carrying the EPA 
Hazardous Waste Numbers K048-K052); and RCRA hazardous wastes that 
contain naturally occurring radioactive materials are prohibited from 
land disposal.
    (d) Effective May 8, 1992, hazardous wastes listed in 40 CFR 268.10, 
268.11, and 268.12 that are mixed radioactive/hazardous wastes, and soil 
or debris contaminated with hazardous wastes listed in 40 CFR 268.10, 
268.11, and 268.12 that are mixed radioactive/hazardous wastes, are 
prohibited from land disposal.
    (e) Subject to applicable prohibitions in Secs. 268.30, 268.31, and 
268.32, contaminated soil and debris are prohibited from land disposal 
as follows:
    (1) Effective May 8, 1994, debris that is contaminated with wastes 
listed in 40 CFR 268.12, and debris that is contaminated with any 
characteristic waste for which treatment standards are established in 
subpart D of this part, are prohibited from land disposal.
    (2) Effective May 8, 1994, mixed radioactive hazardous debris that 
is contaminated with wastes listed in 40 CFR 268.12 and mixed 
radioactive hazardous debris that is contaminated with any 
characteristic waste for which treatment standards are established in 
subpart D of this part, are prohibited from land disposal.
    (3) Paragraphs (e) (1) and (2) of this section shall not apply where 
the generator has failed to make a good-faith effort to locate treatment 
capacity suitable for its waste, has not utilized such capacity as it 
has found to be available, or has failed to file a report as required by 
40 CFR 268.5(g) by August 12, 1993 or within 90 days after the hazardous 
waste is generated (whichever is later) describing the generator's 
efforts to locate treatment capacity. Where paragraphs (e) (1) and (2) 
of this section do not apply, all wastes described in these paragraphs 
are prohibited from land disposal effective May 8, 1993.
    (4) Effective May 8, 1993, hazardous soil contaminated with wastes 
specified in this section having treatment standards in subpart D of 
this part based on incineration, mercury retorting or vitrification, and 
soils contaminated with hazardous wastes listed in 40 CFR 268.10, 268.11 
and 268.12 that are mixed radioactive hazardous wastes, are prohibited 
from land disposal.
    (5) When used in paragraphs (e) (1) and (2) of this section, debris 
is defined as follows:
    (i) Debris as defined in 40 CFR 268.2(g); or
    (ii) Nonfriable inorganic solids that are incapable of passing 
through a 9.5 mm standard sieve that require cutting, or crushing and 
grinding in mechanical sizing equipment prior to stabilization, limited 
to the following inorganic or metal materials:
    (A) Metal slags (either dross or scoria).
    (B) Glassified slag.
    (C) Glass.
    (D) Concrete (excluding cementitious or pozzolanic stabilized 
hazardous wastes).
    (E) Masonry and refractory bricks.
    (F) Metal cans, containers, drums, or tanks.
    (G) Metal nuts, bolts, pipes, pumps, valves, appliances, or 
industrial equipment.
    (H) Scrap metal as defined in 40 CFR 261.1(c)(6).
    (f) Between May 8, 1990 and August 8, 1990, the wastes included in 
paragraph (a) of this section may be disposed of in

[[Page 726]]

a landfill or surface impoundment only if such unit is in compliance 
with the requirements specified in Sec. 268.5(h)(2).
    (g) Between May 8, 1990 and November 8, 1990, wastes included in 
paragraph (b) of this section may be disposed of in a landfill or 
surface impoundment only if such unit is in compliance with the 
requirements specified in Sec. 268.5(h)(2).
    (h) Between May 8, 1990, and May 8, 1992, wastes included in 
paragraphs (c), (d), and (e) of this section may be disposed of in a 
landfill or surface impoundment only if such unit is in compliance with 
the requirements specified in Sec. 268.5(h)(2).
    (i) The requirements of paragraphs (a), (b), (c), (d), and (e) of 
this section do not apply if:
    (1) The wastes meet the applicable standards specified in subpart D 
of this part;
    (2) Persons have been granted an exemption from a prohibition 
pursuant to a petition under Sec. 268.6, with respect to those wastes 
and units covered by the petition;
    (3) The wastes meet the applicable alternate standards established 
pursuant to a petition granted under Sec. 268.44;
    (4) Persons have been granted an extension to the effective date of 
a prohibition pursuant to Sec. 268.5, with respect to these wastes 
covered by the extension.
    (j) To determine whether a hazardous waste listed in Sec. 268.10, 
268.11, and 268.12 exceeds the applicable treatment standards specified 
in Secs. 268.41 and 268.43, the initial generator must test a 
representative 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 subpart D levels, the waste is prohibited from land 
disposal, and all requirements of part 268 are applicable, except as 
otherwise specified.
    (k) Effective May 8, 1993, D008 lead materials stored before 
secondary smelting are prohibited from land disposal. On or before March 
1, 1993, the owner or operator of each secondary lead smelting facility 
shall submit to EPA the following: A binding contractual commitment to 
construct or otherwise provide capacity for storing such D008 wastes 
prior to smelting which complies with all applicable storage standards; 
documentation that the capacity to be provided will be sufficient to 
manage the entire quantity of such D008 wastes; and a detailed schedule 
for providing such capacity. Failure by a facility to submit such 
documentation shall render such D008 managed by that facility prohibited 
from land disposal effective March 1, 1993. In addition, no later than 
July 27, 1992 the owner or operator of each facility must place in the 
facility record documentation of the manner and location in which such 
wastes will be managed pending completion of such capacity, 
demonstrating that such management capacity will be adequate and 
complies with all applicable subtitle C requirements.

[55 FR 22688, June 1, 1990, as amended at 56 FR 3878, Jan. 31, 1991; 57 
FR 20770, May 15, 1992; 57 FR 28632, June 26, 1992; 58 FR 28510, May 14, 
1993]



Sec. 268.36  Waste specific prohibitions--newly listed wastes.

    (a) Effective November 9, 1992, the wastes specified in 40 CFR 
261.32 as EPA Hazardous Waste Numbers K107, K108, K109, K110, K111, 
K112, K117, K118, K123, K124, K125, K126, K131, K132, and K136; and the 
wastes specified in 40 CFR 261.33(f) as EPA Hazardous Waste numbers 
U328, U353, and U359 are prohibited from land disposal.
    (b) Effective June 30, 1993, the wastes specified in 40 CFR 261.31 
as EPA Hazardous Waste Numbers F037 and F038 that are not generated from 
surface impoundment cleanouts or closures are prohibited from land 
disposal.
    (c) Effective June 30, 1994, the wastes specified in 40 CFR 261.31 
as EPA Hazardous Waste Numbers F037 and F038 that are generated from 
surface impoundment cleanouts or closures are prohibited from land 
disposal.
    (d) Effective June 30, 1994, radioactive wastes that are mixed with 
hazardous wastes specified in 40 CFR 261.31 as EPA Hazardous Waste 
Numbers F037 and F038; the wastes specified in 40 CFR 261.32 as EPA 
Hazardous Waste Numbers K107, K108, K109, K110, K111,

[[Page 727]]

K112, K117, K118, K123, K124, K125, K126 K131, K132, and K136; or the 
wastes specified in 40 CFR 261.33(f) as EPA Hazardous Waste Numbers 
U328, U353, and U359 are prohibited from land disposal.
    (e) Effective June 30, 1994, debris contaminated with hazardous 
wastes specified in 40 CFR 261.31 as EPA Hazardous Waste Numbers F037 
and F038; the wastes specified in 40 CFR 261.32 as EPA Hazardous Waste 
Numbers K107, K108, K109, K110, K111, K112, K117, K118, K123, K124, 
K125, K126 K131, K132, and K136; or the wastes specified in 40 CFR 
261.33(f) as EPA Hazardous Waste Numbers U328, U353, and U359; and which 
is not contaminated with any other waste already subject to a 
prohibition are prohibited from land disposal.
    (f) Between June 30, 1992 and June 30, 1993, the wastes included in 
paragraph (b) of this section may be disposed of in a landfill, only if 
such unit is in compliance with the requirements specified in 
Sec. 268.5(h)(2), and may be generated in and disposed of in a surface 
impoundment only if such unit is in compliance with either 
Sec. 268.5(h)(2) or Sec. 268.14.
    (g) Between June 30, 1992 and June 30, 1994, the wastes included in 
paragraphs (d) and (e) of this section may be disposed of in a landfill 
only if such unit is in compliance with the requirements specified in 
Sec. 268.5(h)(2), and may be generated in and disposed of in a surface 
impoundment only if such unit is in compliance with either 
Sec. 268.5(h)(2) or Sec. 268.14.
    (h) The requirements of paragraphs (a), (b), (c), (d), and (e) of 
this section do not apply if:
    (1) The wastes meet the applicable standards specified in subpart D 
of this part;
    (2) Persons have been granted an exemption from a prohibition 
pursuant to a petition under Sec. 268.6, with respect to those wastes 
and units covered by the petition;
    (3) The wastes meet the applicable alternate standards established 
pursuant to a petition granted under Sec. 268.44;
    (4) Persons have been granted an extension to the effective date of 
a prohibition pursuant to Sec. 268.5, with respect to the wastes covered 
by the extension.
    (i) To determine whether a hazardous waste identified in this 
section exceeds the applicable treatment standards specified in 
Secs. 268.41 and 268.43, the initial generator must test a 
representative 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 levels in subpart D of this part, the waste is 
prohibited from land disposal, and all requirements of part 268 are 
applicable, except as otherwise specified.

[57 FR 37271, Aug. 18, 1992]



Sec. 268.37  Waste specific prohibitions--ignitable and corrosive characteristic wastes whose treatment standards were vacated.

    (a) Effective August 9, 1993, the wastes specified in 40 CFR 261.21 
as D001 (and is not in the High TOC Ignitable Liquids Subcategory), and 
specified in Sec. 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 40 CFR 
261.21 as D001 (and is not in the High TOC Ignitable Liquids 
Subcategory), and specified in Sec. 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.

[58 FR 29885, May 24, 1993]

[[Page 728]]



Sec. 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 40 CFR 
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 40 CFR 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 Sec. 268.5(h)(2) of this Part.
    (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 
Subpart D of this part;
    (2) Persons have been granted an exemption from a prohibition 
pursuant to a petition under Sec. 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 Sec. 268.44;
    (4) Persons have been granted an extension to the effective date of 
a prohibition pursuant to Sec. 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 
Sec. 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 Subpart D levels, the 
waste is prohibited from land disposal, and all requirements of part 268 
are applicable, except as otherwise specified.

[59 FR 48045, Sept. 19, 1995]

[[Page 729]]



Sec. 268.39  Waste specific prohibitions--spent aluminum potliners; reactive; and carbamate wastes.

    (a) On July 8, 1996, the wastes specified in 40 CFR 261.32 as EPA 
Hazardous Waste numbers K156-K161; and in 40 CFR 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 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 40 CFR 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 Sec. 268.40)).
    (c) On January 8, 1997, the wastes specified in 40 CFR 261.32 as EPA 
Hazardous Waste number K088 are prohibited from land disposal. In 
addition, soil and debris contaminated with these wastes are prohibited 
from land disposal.
    (d) On April 8, 1998, Radioactive wastes mixed with K088, K156-K161, 
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, 
and U407, U409-U411 are also 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 Sec. 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 
Subpart D of this part;
    (2) Persons have been granted an exemption from a prohibition 
pursuant to a petition under Sec. 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 Sec. 268.44;
    (4) Persons have been granted an extension to the effective date of 
a prohibition pursuant to Sec. 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 
Sec. 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 Subpart D levels, the 
waste is prohibited from land disposal, and all requirements of this 
part 268 are applicable, except as otherwise specified.

[61 FR 15663, Apr. 8, 1996, as amended at 61 FR 33683, June 28, 1996]



                     Subpart D--Treatment Standards



Sec. 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

[[Page 730]]

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 
Sec. 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 Sec. 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 1310, 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 Sec. 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 40 CFR 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 40 CFR part 264, subpart 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-D003, and D012-D043) that are 
subject to treatment standards in the following table ``Treatment 
Standards for Hazardous Wastes,'' all underlying hazardous constituents 
(as defined in Sec. 268.2(i)) must meet Universal Treatment Standards, 
found in Sec. 268.48, ``Table UTS,'' prior to land disposal as defined 
in Sec. 268.2(c) of this part.
     (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 
Sec. 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.

[[Page 731]]



                                                        Treatment Standards for Hazardous Wastes                                                        
                                                            (Note: NA means not applicable.)                                                            
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  Regulated hazardous constituent       Wastewaters      Nonwastewaters 
                                                                              --------------------------------------------------------------------------
                                                                                                                                        Concentration in
                Waste code                  Waste description and treatment/                                           Concentration    mg/kg \5\ unless
                                                regulatory subcategory\1\             Common name        CAS \2\ No.  in mg/l \3\; or   noted as ``mg/l 
                                                                                                                      technology code      TCLP''; or   
                                                                                                                            \4\         technology code 
--------------------------------------------------------------------------------------------------------------------------------------------------------
D001.....................................  Ignitable Characteristic Wastes,    NA......................          NA              DEACT and meet     DEACT and meet
                                            except for the Sec.  261.21(a)(1)                                           Sec.  268.48       Sec.  268.48 
                                            High TOC Subcategory.                                                      standards;\8\   standards;\8\ or 
                                                                                                                      or RORGS;\9\ or      RORGS;\9\ or 
                                                                                                                                    CMBST \9\          CMBST.\9\
                                           High TOC Ignitable Characteristic   NA......................          NA               NA       RORGS;\9\ or 
                                            Liquids Subcategory based on 40                                                                            CMBST.\9\
                                            CFR 261.21(a)(1)--Greater than or                                                                           
                                            equal to 10% total organic                                                                                  
                                            carbon. (Note: This subcategory                                                                             
                                            consists of nonwastewaters only).                                                                           
D002.....................................  Corrosive Characteristic Wastes...  NA......................          NA              DEACT and meet     DEACT and meet
                                                                                                                        Sec.  268.48       Sec.  268.48 
                                                                                                                       standards \8\      standards \8\ 
D002, D004, D005, D006, D007, D008, D009,  Radioactive high level wastes       Corrosivity (pH)........          NA               NA              HLVIT 
 D010, D011.                                generated during the reprocessing                                                                           
                                            of fuel rods. (Note: This                                                                                   
                                            subcategory consists of                                                                                     
                                            nonwastewaters only).                                                                                       
                                                                               Arsenic.................   7440-38-2               NA              HLVIT 
                                                                               Barium..................   7440-39-3               NA              HLVIT 
                                                                               Cadmium.................   7440-43-9               NA              HLVIT 
                                                                               Chromium (Total)........   7440-47-3               NA              HLVIT 
                                                                               Lead....................   7439-92-1               NA              HLVIT 
                                                                               Mercury.................   7439-97-6               NA              HLVIT 
                                                                               Selenium................   7782-49-2               NA              HLVIT 
                                                                               Silver..................   7440-22-4               NA              HLVIT 
D003.....................................  Reactive Sulfides Subcategory       NA......................          NA              DEACT and meet     DEACT and meet
                                            based on 261.23(a)(5).                                                      Sec.  268.48       Sec.  268.48 
                                                                                                                       standards \8\      standards.\8\ 
                                           Explosives Subcategory based on     NA......................          NA              DEACT and meet     DEACT and meet
                                            261.23(a)(6), (7), and (8).                                                 Sec.  268.48       Sec.  268.48 
                                                                                                                       standards \8\      standards.\8\ 
                                           Unexploded ordnance and other       NA......................          NA              DEACT              DEACT
                                            explosive devices which have been                                                                           
                                            the subject of an emergency                                                                                 
                                            response.                                                                                                   
                                           Other Reactives Subcategory based   NA......................          NA              DEACT and meet     DEACT and meet
                                            on 261.23(a)(1).                                                            Sec.  268.48       Sec.  268.48 
                                                                                                                       standards \8\      standards.\8\ 
                                           Water Reactive Subcategory based    NA......................          NA               NA                DEACT and meet
                                            on 261.23(a)(2),(3), and (4).                                                                  Sec.  268.48 
                                            (Note: This subcategory consists                                                              standards.\8\ 
                                            of nonwastewaters only).                                                                                    
                                           Reactive Cyanides Subcategory       Cyanides (Total) \7\....     57-12-5         Reserved            590.\9\ 
                                            based on 261.23(a)(5).                                                                                      
                                                                               Cyanides (Amenable)\7\..     57-12-5          0.86\9\             30.\9\ 

[[Page 732]]

                                                                                                                                                        
D004.....................................  Wastes that exhibit, or are         Arsenic.................   7440-38-2              5.0        5.0 mg/l EP 
                                            expected to exhibit, the                                                                                    
                                            characteristic of toxicity for                                                                              
                                            arsenic based on the extraction                                                                             
                                            procedure (EP) in SW846 Method                                                                              
                                            1310.                                                                                                       
                                                                               Arsenic; alternate \6\     7440-38-2               NA         5.0 mg/l TCLP
                                                                                standard for                                                            
                                                                                nonwastewaters only.                                                    
D005.....................................  Wastes that exhibit, or are         Barium..................   7440-39-3              100         100 mg/l TCLP
                                            expected to exhibit, the                                                                                    
                                            characteristic of toxicity for                                                                              
                                            barium based on the extraction                                                                              
                                            procedure (EP) in SW846 Method                                                                              
                                            1310.                                                                                                       
D006.....................................  Wastes that exhibit, or are         Cadmium.................   7440-43-9              1.0         1.0 mg/l TCLP
                                            expected to exhibit, the                                                                                    
                                            characteristic of toxicity for                                                                              
                                            cadmium based on the extraction                                                                             
                                            procedure (EP) in SW846 Method                                                                              
                                            1310.                                                                                                       
                                           Cadmium Containing Batteries        Cadmium.................   7440-43-9               NA              RTHRM 
                                            Subcategory. (Note: This                                                                                    
                                            subcategory consists of                                                                                     
                                            nonwastewaters only).                                                                                       
D007.....................................  Wastes that exhibit, or are         Chromium (Total)........   7440-47-3              5.0         5.0 mg/l TCLP
                                            expected to exhibit, the                                                                                    
                                            characteristic of toxicity for                                                                              
                                            chromium based on the extraction                                                                            
                                            procedure (EP) in SW846 Method                                                                              
                                            1310.                                                                                                       
D008.....................................  Wastes that exhibit, or are         Lead....................   7439-92-1              5.0        5.0 mg/l EP 
                                            expected to exhibit, the                                                                                    
                                            characteristic of toxicity for                                                                              
                                            lead based on the extraction                                                                                
                                            procedure (EP) in SW846 Method                                                                              
                                            1310.                                                                                                       
                                                                               Lead; alternate \6\        7439-92-1               NA         5.0 mg/l TCLP
                                                                                standard for                                                            
                                                                                nonwastewaters only.                                                    
                                           Lead Acid Batteries Subcategory     Lead....................   7439-92-1               NA              RLEAD 
                                            (Note: This standard only applies                                                                           
                                            to lead acid batteries that are                                                                             
                                            identified as RCRA hazardous                                                                                
                                            wastes and that are not excluded                                                                            
                                            elsewhere from regulation under                                                                             
                                            the land disposal restrictions of                                                                           
                                            40 CFR 268 or exempted under                                                                                
                                            other EPA regulations (see 40 CFR                                                                           
                                            266.80). This subcategory                                                                                   
                                            consists of nonwastewaters only.).                                                                          
                                           Radioactive Lead Solids             Lead....................   7439-92-1               NA                 MACRO
                                            Subcategory (Note: these lead                                                                               
                                            solids include, but are not                                                                                 
                                            limited to, all forms of lead                                                                               
                                            shielding and other elemental                                                                               
                                            forms of lead. These lead solids                                                                            
                                            do not include treatment                                                                                    
                                            residuals such as hydroxide                                                                                 
                                            sludges, other wastewater                                                                                   
                                            treatment residuals, or                                                                                     
                                            incinerator ashes that can                                                                                  
                                            undergo conventional pozzolanic                                                                             
                                            stabilization, nor do they                                                                                  
                                            include organo-lead materials                                                                               
                                            that can be incinerated and                                                                                 
                                            stabilized as ash. This                                                                                     
                                            subcategory consists of                                                                                     
                                            nonwastewaters only).                                                                                       

[[Page 733]]

                                                                                                                                                        
D009.....................................  Nonwastewaters that exhibit, or     Mercury.................   7439-97-6               NA               IMERC; OR RMERC
                                            are expected to exhibit, the                                                                                
                                            characteristic of toxicity for                                                                              
                                            mercury based on the extraction                                                                             
                                            procedure (EP) in SW846 Method                                                                              
                                            1310; and contain greater than or                                                                           
                                            equal to 260 mg/kg total mercury                                                                            
                                            that also contain organics and                                                                              
                                            are not incinerator residues.                                                                               
                                            (High Mercury-Organic                                                                                       
                                            Subcategory.).                                                                                              
                                           Nonwastewaters that exhibit, or     Mercury.................   7439-97-6               NA               RMERC
                                            are expected to exhibit, the                                                                                
                                            characteristic of toxicity for                                                                              
                                            mercury based on the extraction                                                                             
                                            procedure (EP) in SW846 Method                                                                              
                                            1310; and contain greater than or                                                                           
                                            equal to 260 mg/kg total mercury                                                                            
                                            that are inorganic, including                                                                               
                                            incinerator residues and residues                                                                           
                                            from RMERC. (High Mercury-                                                                                  
                                            Inorganic Subcategory.).                                                                                    
                                           Nonwastewaters that exhibit, or     Mercury.................   7439-97-6               NA        0.20 mg/l TCLP
                                            are expected to exhibit, the                                                                                
                                            characteristic of toxicity for                                                                              
                                            mercury based on the extraction                                                                             
                                            procedure (EP) in SW846 Method                                                                              
                                            1310; and contain less than 260                                                                             
                                            mg/kg total mercury. (Low Mercury                                                                           
                                            Subcategory.).                                                                                              
                                           All D009 wastewaters..............  Mercury.................   7439-97-6             0.20                 NA 
                                           Elemental mercury contaminated      Mercury.................   7439-97-6               NA              AMLGM 
                                            with radioactive materials.                                                                                 
                                            (Note: This subcategory consists                                                                            
                                            of nonwastewaters only.).                                                                                   
                                           Hydraulic oil contaminated with     Mercury.................   7439-97-6               NA               IMERC
                                            Mercury Radioactive Materials                                                                               
                                            Subcategory. (Note: This                                                                                    
                                            subcategory consists of                                                                                     
                                            nonwastewaters only.).                                                                                      
D010.....................................  Wastes that exhibit, or are         Selenium................   7782-49-2              1.0         5.7 mg/l TCLP
                                            expected to exhibit, the                                                                                    
                                            characteristic of toxicity for                                                                              
                                            selenium based on the extraction                                                                            
                                            procedure (EP) in SW846 Method                                                                              
                                            1310.                                                                                                       
D011.....................................  Wastes that exhibit, or are         Silver..................   7440-22-4              5.0         5.0 mg/l TCLP
                                            expected to exhibit, the                                                                                    
                                            characteristic of toxicity for                                                                              
                                            silver based on the extraction                                                                              
                                            procedure (EP) in SW846 Method                                                                              
                                            1310.                                                                                                       
D012.....................................  Wastes that are TC for Endrin       Endrin..................     72-20-8     BIODG;\9\ or      0.13 and meet 
                                            based on the TCLP in SW846 Method                                                       CMBST \Sec.  268.48 
                                            1311.                                                                                         standards.\8\ 
                                                                               Endrin aldehyde.........   7421-93-4     BIODG;\9\ or      0.13 and meet 
                                                                                                                                    CMBST \Sec.  268.48 
                                                                                                                                          standards \8\ 
D013.....................................  Wastes that are TC for Lindane      alpha-BHC...............    319-84-6                 CARBN0.066 and meet 
                                            based on the TCLP in SW846 Method                                                       CMBST \Sec.  268.48 
                                            1311.                                                                                         standards \8\ 
                                                                               beta-BHC................    319-85-7                 CARBN0.066 and meet 
                                                                                                                                    CMBST \Sec.  268.48 
                                                                                                                                          standards \8\ 
                                                                               delta-BHC...............    319-86-8                 CARBN0.066 and meet 
                                                                                                                                    CMBST \Sec.  268.48 
                                                                                                                                          standards \8\ 
                                                                               gamma-BHC (Lindane).....     58-89-9                 CARBN0.066 and meet 
                                                                                                                                    CMBST \Sec.  268.48 
                                                                                                                                          standards \8\ 

[[Page 734]]

                                                                                                                                                        
D014.....................................  Wastes that are TC for              Methoxychlor............     72-43-5     WETOX \9\ or      0.18 and meet 
                                            Methoxychlor based on the TCLP in                                                       CMBST \Sec.  268.48 
                                            SW846 Method 1311.                                                                            standards \8\ 
D015.....................................  Wastes that are TC for Toxaphene    Toxaphene...............   8001-35-2     BIODG \9\ or   2.6 and meet Sec.
                                            based on the TCLP in SW846 Method                                                       CMB 268.48 standards
                                            1311.                                                                                                   \8\ 
D0l6.....................................  Wastes that are TC for 2,4-D(2,4-   2,4-D(2,4-                   94-75-7                 CHO10 and meet Sec. 
                                            Dichlorophenoxyacetic acid) based   Dichlorophenoxyacetic                   BIODG;\9\ or   268.48 standards 
                                            on the TCLP in SW846 Method 1311.   acid).                                              CMBST \9\       \8\ 
D017.....................................  Wastes that are TC for 2,4,5-TP     2,4,5-TP(Silvex)........     93-72-1                 CHO7.9 and meet Sec.
                                            (Silvex) based on the TCLP in                                                           CMB 268.48 standards
                                            SW846 Method 1311.                                                                                      \8\ 
D018.....................................  Wastes that are TC for Benzene      Benzene.................     71-43-2    0.14 and meet   10 and meet Sec. 
                                            based on the TCLP in SW846 Method                                           Sec.  268.48   268.48 standards 
                                            1311.                                                                      standards \8\                \8\ 
D019.....................................  Wastes that are TC for Carbon       Carbon tetrachloride....     56-23-5   0.057 and meet   6.0 and meet Sec.
                                            tetrachloride based on the TCLP                                             Sec.  268.48    268.48 standards
                                            in SW846 Method 1311.                                                      standards \8\                \8\ 
D020.....................................  Wastes that are TC for Chlordane    Chlordane (alpha and         57-74-9   0.0033 and meet     0.26 and meet 
                                            based on the TCLP in SW846 Method   gamma isomers).                         Sec.  268.48       Sec.  268.48 
                                            1311.                                                                      standards \8\      standards \8\ 
D021.....................................  Wastes that are TC for              Chlorobenzene...........    108-90-7   0.057 and meet   6.0 and meet Sec.
                                            Chlorobenzene based on the TCLP                                             Sec.  268.48             268.48 
                                            in SW846 Method 1311.                                                         standards8        standards.8 
D022.....................................  Wastes that are TC for Chloroform   Chloroform..............     67-66-3   0.046 and meet   6.0 and meet Sec.
                                            based on the TCLP in SW846 Method                                           Sec.  268.48             268.48 
                                            1311.                                                                         standards8        standards.8 
D023.....................................  Wastes that are TC for o-Cresol     o-Cresol................     95-48-7    0.11 and meet   5.6 and meet Sec.
                                            based on the TCLP in SW846 Method                                           Sec.  268.48             268.48 
                                            1311.                                                                         standards8        standards.8 
D024.....................................  Wastes that are TC for m-Cresol     M-Cresol (difficult to      108-39-4    0.77 and meet   5.6 and meet Sec.
                                            based on the TCLP in SW846 Method   distinguish from p-                     Sec.  268.48             268.48 
                                            1311.                               cresol).                                  standards8        standards.8 
D025.....................................  Wastes that are TC for p-Cresol     p-Cresol (difficult to      106-44-5    0.77 and meet   5.6 and meet Sec.
                                            based on the TCLP in SW846 Method   distinguish from m-                     Sec.  268.48             268.48 
                                            1311.                               cresol).                                  standards8        standards.8 
D026.....................................  Wastes that are TC for Cresols      Cresol-mixed isomers       1319-77-3    0.88 and meet      11.2 and meet 
                                            (Total) based on the TCLP in        (Cresylic acid) (sum of                 Sec.  268.48       Sec.  268.48 
                                            SW846 Method 1311.                  o-, m-, and p-cresol                      standards8        standards.8 
                                                                                concentrations).                                                        

[[Page 735]]

                                                                                                                                                        
D027.....................................  Wastes that are TC for p-Dichloro-  p-Dichlorobenzene (1,4-     106-46-7   0.090 and meet   6.0 and meet Sec.
                                            benzene based on the TCLP in        Dichloro- benzene).                     Sec.  268.48             268.48 
                                            SW846 Method 1311.                                                            standards8        standards.8 
D028.....................................  Wastes that are TC for 1,2-         1,2-Dichloroethane......    107-06-2    0.21 and meet   6.0 and meet Sec.
                                            Dichloroethane based on the TCLP                                            Sec.  268.48             268.48 
                                            in SW846 Method 1311.                                                          standard8        standards.8 
D029.....................................  Wastes that are TC for 1,1-         1,1-Dichlorethylene.....     75-35-4   0.025 and meet   6.0 and meet Sec.
                                            Dichloroethylene based on the                                               Sec.  268.48             268.48 
                                            TCLP in SW846 Method 1311.                                                    standards8        standards.8 
D030.....................................  Wastes that are TC for 2,4-         2,4-Dinitrotoluene......    121-14-2    0.32 and meet   140 and meet Sec.
                                            Dinitrotoluene based on the TCLP                                            Sec.  268.48             268.48 
                                            in SW846 Method 1311.                                                         standards8        standards.8 
D031.....................................  Wastes that are TC for Heptachlor   Heptachlor..............     76-44-8   0.0012 and meet    0.066 and meet 
                                            based on the TCLP in SW846 Method                                           Sec.  268.48       Sec.  268.48 
                                            1311.                                                                         standards8        standards.8 
                                                                               Heptachlor epoxide......   1024-57-3   0.016 and meet     0.066 and meet 
                                                                                                                        Sec.  268.48       Sec.  268.48 
                                                                                                                          standards8        standards.8 
D032.....................................  Wastes that are TC for Hexachloro-  Hexachlorobenzene.......    118-74-1   0.055 and meet   10 and meet Sec. 
                                            benzene based on the TCLP in                                                Sec.  268.48             268.48 
                                            SW846 Method 1311.                                                            standards8        standards.8 
D033.....................................  Wastes that are TC for              Hexa- chlorobutadiene...     87-68-3   0.055 and meet   5.6 and meet Sec.
                                            Hexachlorobutadiene based on the                                            Sec.  268.48             268.48 
                                            TCLP in SW846 Method 1311.                                                    standards8        standards.8 
D034.....................................  Wastes that are TC for              Hexachloroethane........     67-72-1   0.055 and meet   30 and meet Sec. 
                                            Hexachloroethane based on the                                               Sec.  268.48             268.48 
                                            TCLP in SW846 Method 1311.                                                    standards8        standards.8 
D035.....................................  Wastes that are TC for Methyl       Methyl ethyl ketone.....     78-93-3    0.28 and meet   36 and meet Sec. 
                                            ethyl ketone based on the TCLP in                                           Sec.  268.48             268.48 
                                            SW846 Method 1311.                                                             standard8        standards.8 
D036.....................................  Wastes that are TC for              Nitrobenzene............     98-95-3   0.068 and meet   14 and meet Sec. 
                                            Nitrobenzene based on the TCLP in                                           Sec.  268.48             268.48 
                                            SW846 Method 1311.                                                            standards8        standards.8 
D037.....................................  Wastes that are TC for              Pentachlorophenol.......     87-86-5   0.089 and meet   7.4 and meet Sec.
                                            Pentachlorophenol based on the                                              Sec.  268.48             268.48 
                                            TCLP in SW846 Method 1311.                                                    standards8        standards.8 
D038.....................................  Wastes that are TC for Pyridine     Pyridine................    110-86-1   0.014 and meet   16 and meet Sec. 
                                            based on the TCLP in SW846 Method                                           Sec.  268.48             268.48 
                                            1311.                                                                         standards8        standards.8 
D039.....................................  Wastes that are TC for              Tetracholorethylene.....    127-18-4   0.056 and meet   6.0 and meet Sec.
                                            Tetrachloroethylene based on the                                            Sec.  268.48             268.48 
                                            TCLP in SW846 Method 1311.                                                    standards.        standards.8 
D040.....................................  Wastes that are TC for              Trichloroethylene.......     79-01-6   0.054 and meet   6.0 and meet Sec.
                                            Trichloroethylene based on the                                              Sec.  268.48             268.48 
                                            TCLP in SW846 Method 1311.                                                    standards8        standards.8 
D041.....................................  Wastes that are TC for 2,4,5-       2,4,5-Trichlorophenol...     95-95-4    0.18 and meet   7.4 and meet Sec.
                                            Trichlorophenol based on the TCLP                                           Sec.  268.48             268.48 
                                            in SW846 Method 1311.                                                         standards8        standards.8 

[[Page 736]]

                                                                                                                                                        
D042.....................................  Wastes that are TC for 2,4,6-       2,4,6-Tricholorphenol...     88-06-2   0.035 and meet   7.4 and meet Sec.
                                            Trichlorophenol based on the TCLP                                           Sec.  268.48             268.48 
                                            in SW846 Method 1311.                                                         standards8        standards.8 
D043.....................................  Wastes that are TC for Vinyl        Vinyl chloride..........     75-01-4    0.27 and meet   6.0 and meet Sec.
                                            chloride based on the TCLP in                                               Sec.  268.48             268.48 
                                            SW846 Method 1311.                                                            standards8        standards.8 
F001, F002, F003, F004, & F005...........  F001, F002, F003, F004, and/or      Acetone.................     67-64-1             0.28                160 
                                            F005 solvent wastes that contain                                                                            
                                            any combination of one or more of                                                                           
                                            the following spent solvents:                                                                               
                                            acetone, benzene, n-butyl                                                                                   
                                            alcohol, carbon disulfide, carbon                                                                           
                                            tetrachloride, chlorinated                                                                                  
                                            fluorocarbons, chlorobenzene, o-                                                                            
                                            cresol, m-cresol, p-cresol,                                                                                 
                                            cyclohexanone, o-dichlorobenzene,                                                                           
                                            2-ethoxyethanol, ethyl acetate,                                                                             
                                            ethyl benzene, ethyl ether,                                                                                 
                                            isobutyl alcohol, methanol,                                                                                 
                                            methylene chloride, methyl ethyl                                                                            
                                            ketone, methyl isobutyl ketone,                                                                             
                                            nitrobenzene, 2-nitropropane,                                                                               
                                            pyridine, tetrachloroethylene,                                                                              
                                            toluene, 1,1,1-trichloroethane,                                                                             
                                            1,1,2-trichloroethane, 1,1,2-                                                                               
                                            trichloro-1,2,2-trifluorethane,                                                                             
                                            trichloroethylene,                                                                                          
                                            trichloromonofluoromethane, and/                                                                            
                                            or xylenes [except as                                                                                       
                                            specifically noted in other                                                                                 
                                            subcategories]. See further                                                                                 
                                            details of these listings in Sec.                                                                           
                                             261.31.                                                                                                    
                                                                               Benzene.................     71-42-2             0.14                 10 
                                                                               n-Butyl alcohol.........     71-36-3              5.6                2.6 
                                                                               Carbon disulfide........     75-15-0              3.8                 NA 
                                                                               Carbon tetrachloride....     56-23-5            0.057                6.0 
                                                                               Chlorobenzene...........    108-90-7            0.057                6.0 
                                                                               o-Cresol................     95-48-7             0.11                5.6 
                                                                               m-Cresol (difficult to      108-39-4             0.77                5.6 
                                                                                distinguish from p-                                                     
                                                                                cresol).                                                                
                                                                               p-Cresol (difficult to      106-44-5             0.77                5.6 
                                                                                distinguish from m-                                                     
                                                                                cresol).                                                                
                                                                               Cresol-mixed isomers       1319-77-3             0.88               11.2 
                                                                                (Cresylic acid) (sum of                                                 
                                                                                o-, m-, and p-cresol                                                    
                                                                                concentrations.                                                         
                                                                               Cyclohexanone...........    108-94-1             0.36                 NA 
                                                                               o-Dichlorobenzene.......     95-50-1            0.088                6.0 
                                                                               Ethyl acetate...........    141-78-6             0.34                 33 
                                                                               Ethyl benzene...........    100-41-4            0.057                 10 
                                                                               Ethyl ether.............     60-29-7             0.12                160 
                                                                               Isobutyl alcohol........     78-83-1              5.6                170 

[[Page 737]]

                                                                                                                                                        
                                                                               Methanol................     67-56-1              5.6                 NA 
                                                                               Methylene chloride......      75-9-2            0.089                 30 
                                                                               Methyl ethyl ketone.....     78-93-3             0.28                 36 
                                                                               Methyl isobutyl ketone..    108-10-1             0.14                 33 
                                                                               Nitrobenzene............     98-95-3            0.068                 14 
                                                                               Pyridine................    110-86-1            0.014                 16 
                                                                               Tetrachloroethylene.....    127-18-4            0.056                6.0 
                                                                               Toluene.................    108-88-3            0.080                 10 
                                                                               1,1,1-Trichlorethane....     71-55-6            0.054                6.0 
                                                                               1,1,2-Trichloroethane...     79-00-5            0.054                6.0 
                                                                               1,1,2-Trichloro-1,2,2-       76-13-1            0.057                 30 
                                                                                trifluoroethane.                                                        
                                                                               Trichloroethylene.......     79-01-6            0.054                6.0 
                                                                               Trichloromonofluorometha     75-69-4            0.020                 30 
                                                                                ne.                                                                     
                                                                               Xylenes-mixed isomers      1330-20-7             0.32                 30 
                                                                                (sum of o-, m-, and p-                                                  
                                                                                xylene concentrations.                                                  
                                           F003 and/or F005 solvent wastes     Carbon disulfide........     75-15-0              3.8         4.8 mg/l TCLP
                                            that contain any combination of                                                                             
                                            one or more of the following                                                                                
                                            three solvents as the only listed                                                                           
                                            F001-5 solvents: carbon                                                                                     
                                            disulfide, cyclohexanone, and/or                                                                            
                                            methanol. (formerly 268.41(c)).                                                                             
                                                                               Cyclohexanone...........    108-94-1             0.36        0.75 mg/l TCLP
                                                                               Methanol................     67-56-1              5.6        0.75 mg/l TCLP
                                           F005 solvent waste containing 2-    2-Nitropropane..........     79-46-9        (WETOX or                   CMBST
                                            Nitropropane as the only listed                                                         CHOXD) fb           
                                            F001-5 solvent..                                                                        CARBN; or CMBST     
                                           F005 solvent waste containing 2--   2-Ethoxyethanol.........    110-80-5       BIODG; or CMBST              CMBST
                                            Ethoxyethanol as the only listed                                                                            
                                            F001-5 solvent..                                                                                            
F006.....................................  Wastewater treatment sludges from   Cadmium.................   7440-43-9             .069        0.19 mg/l TCLP.
                                            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 carton steel; and (6)                                                                            
                                            chemical etching and milling of                                                                             
                                            aluminum.                                                                                                   
                                                                               Nickel..................   7440-02-0             3.98         5.0 mg/l TCLP
                                                                               Silver..................   7440-22-4               NA        0.30 mg/l TCLP.
F007.....................................  Spent cyanide plating bath          Cadmium.................   7440-43-9             0.69        0.19 mg/l TCLP
                                            solutions from electroplating                                                                               
                                            operations.                                                                                                 
                                                                               Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP
                                                                               Cyanides (Total) \7\....     57-12-5              1.2                590 
                                                                               Cyanides (Amenable) \7\.     57-12-5             0.86                 30 
                                                                               Lead....................   7439-92-1             0.69        0.37 mg/l TCLP
                                                                               Nickel..................   7440-02-0             3.98         5.0 mg/l TCLP
                                                                               Silver..................   7440-22-4               NA        0.30 mg/l TCLP
F008.....................................  Plating bath residues from the      Cadmium.................   7440-43-9               NA        0.19 mg/l TCLP
                                            bottom of plating baths from                                                                                
                                            electroplating operations where                                                                             
                                            cyanides are used in the process.                                                                           
                                                                               Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP
                                                                               Cyanides (Total) \7\....     57-12-5              1.2                590 

[[Page 738]]

                                                                                                                                                        
                                                                               Cyanides (Amenable) \7\.     57-12-5             0.86                 30 
                                                                               Lead....................   7439-92-1             0.69        0.37 mg/l TCLP
                                                                               Nickel..................   7440-02-0             3.98         5.0 mg/l TCLP
                                                                               Silver..................   7440-22-4               NA        0.30 mg/l TCLP
F009.....................................  Spent stripping and cleaning bath   Cadmium.................   7440-43-9               NA        0.19 mg/l TCLP
                                            solutions from electroplating                                                                               
                                            operations where cyanides are                                                                               
                                            used in the process.                                                                                        
                                                                               Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP
                                                                               Cyanides (Total) \7\....     57-12-5              1.2                590 
                                                                               Cyanides (Amenable) \7\.     57-12-5             0.86                 30 
                                                                               Lead....................   7439-92-1             0.69        0.37 mg/l TCLP
                                                                               Nickel..................   7440-02-0             3.98         5.0 mg/l TCLP
                                                                               Silver..................   7440-22-4               NA        0.30 mg/l TCLP
F010.....................................  Quenching bath residues from oil    Cyanides (Total) \7\....     57-12-5              1.2               590. 
                                            baths from metal heat treating                                                                              
                                            operations where cyanides are                                                                               
                                            used in the process.                                                                                        
                                                                               Cyanides (Amenable) \7\.     57-12-5             0.86                NA. 
F011.....................................  Spent cyanide solutions from salt   Cadmium.................   7440-43-9               NA        0.19 mg/l TCLP
                                            bath pot cleaning from metal heat                                                                           
                                            treating operations.                                                                                        
                                                                               Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP
                                                                               Cyanides (Total) \7\....     57-12-5              1.2                590 
                                                                               Cyanides (Amenable) \7\.     57-12-5             0.86                 30 
                                                                               Lead....................   7439-92-1             0.69        0.37 mg/l TCLP
                                                                               Nickel..................   7440-02-0             3.98         5.0 mg/l TCLP
                                                                               Silver..................   7440-22-4               NA        0.30 mg/l TCLP
F012.....................................  Quenching wastewater treatment      Cadmium.................   7440-43-9               NA        0.19 mg/l TCLP
                                            sludges from metal heat treating                                                                            
                                            operations where cyanides are                                                                               
                                            used in the process.                                                                                        
                                                                               Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP
                                                                               Cyanides (Total) \7\....     57-12-5              1.2                590 
                                                                               Cyanides (Amenable) \7\.     57-12-5             0.86                 30 
                                                                               Lead....................   7439-92-1             0.69        0.37 mg/l TCLP
                                                                               Nickel..................   7440-02-0             3.98         5.0 mg/l TCLP
                                                                               Silver..................   7440-22-4               NA        0.30 mg/l TCLP
F019.....................................  Wastewater treatment sludges from   Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP
                                            the chemical conversion coating                                                                             
                                            of aluminum except from zirconium                                                                           
                                            phosphating in aluminum can                                                                                 
                                            washing when such phosphating is                                                                            
                                            an exclusive conversion coating                                                                             
                                            process.                                                                                                    
                                                                               Cyanides (Total) \7\....     57-12-5              1.2                590 
                                                                               Cyanides (Amenable) \7\.     57-12-5             0.86                 30 

[[Page 739]]

                                                                                                                                                        
F020, F021, F022, F023, F026.............  Wastes (except wastewater and       HxCDDs (All                       NA         0.000063              0.001 
                                            spent carbon from hydrogen          Hexachlorodibenzo-p-                                                    
                                            chloride purification) from the     dioxins).                                                               
                                            production or manufacturing use                                                                             
                                            (as a reactant, chemical                                                                                    
                                            intermediate, or component in a                                                                             
                                            formulating process) of: (1) tri-                                                                           
                                            or tetrachlorophenol, or of                                                                                 
                                            intermediates used to produce                                                                               
                                            their pesticide derivatives,                                                                                
                                            excluding wastes from the                                                                                   
                                            production of Hexachlorophene                                                                               
                                            from highly purified 2,4,5-                                                                                 
                                            trichlorophenol (F020); (2)                                                                                 
                                            pentachlorophenol, or of                                                                                    
                                            intermediates used to produce its                                                                           
                                            derivatives (i.e., F021); (3)                                                                               
                                            tetra-, penta-, or                                                                                          
                                            hexachlorobenzenes under alkaline                                                                           
                                            conditions (i.e., F022); and 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: (1) tri-                                                                           
                                            or tetrachlorophenols, excluding                                                                            
                                            wastes from equipment used only                                                                             
                                            for the production of                                                                                       
                                            Hexachlorophene from highly                                                                                 
                                            purified 2,4,5-trichlorophenol                                                                              
                                            (F023); (2) tetra-, penta-, or                                                                              
                                            hexachlorobenzenes under alkaline                                                                           
                                            conditions (i.e., F026).                                                                                    
                                                                               HxCDFs (All                       NA         0.000063              0.001 
                                                                                Hexachlorodibenzofurans                                                 
                                                                                ).                                                                      
                                                                               PeCDDs (All                       NA         0.000063              0.001 
                                                                                Pentachlorodibenzo-p-                                                   
                                                                                dioxins).                                                               
                                                                               PeCDFs (All                       NA         0.000035              0.001 
                                                                                Pentachlorodibenzofuran                                                 
                                                                                s).                                                                     
                                                                               Pentachlorophenol.......     87-86-5            0.089                7.4 
                                                                               TCDDs (All                        NA         0.000063              0.001 
                                                                                Tetrachlorodibenzo-p-                                                   
                                                                                dioxins).                                                               
                                                                               TCDFs (All                        NA         0.000063              0.001 
                                                                                Tetrachlorodibenzofuran                                                 
                                                                                s).                                                                     
                                                                               2,4,5-Trichlorophenol...     95-95-4             0.18                7.4 
                                                                               2,4,6-Trichlorophenol...     88-06-2            0.035                7.4 
                                                                               2,3,4,6-                     58-90-2            0.030                7.4 
                                                                                Tetrachlorophenol.                                                      
F024.....................................  Process wastes, including but not   All F024 wastes.........          NA                 CMBST              CMBST
                                            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 Sec.  261.31 or                                                                            
                                            Sec.  261.32.).                                                                                             
                                                                               2-Chloro-1,3-butadiene..    126-99-8            0.057               0.28 
                                                                               3-Chloropropylene.......    107-05-1            0.036                 30 
                                                                               1,1-Dichloroethane......     75-34-3            0.059                6.0 
                                                                               1,2-Dichloroethane......    107-06-2             0.21                6.0 
                                                                               1,2-Dichloropropane.....     78-87-5             0.85                 18 
                                                                               cis-1,3-                  10061-01-5            0.036                 18 
                                                                                Dichloropropylene.                                                      

[[Page 740]]

                                                                                                                                                        
                                                                               trans-1,3-                10061-02-6            0.036                 18 
                                                                                Dichloropropylene.                                                      
                                                                               bis(2-Ethylhexyl)           117-81-7             0.28                 28 
                                                                                phthalate.                                                              
                                                                               Hexachloroethane........     67-72-1            0.055                 30 
                                                                               Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP
                                                                               Nickel..................   7440-02-0             3.98         5.0 mg/l TCLP
F025.....................................  Condensed light ends from the       Carbon tetrachloride....     56-23-5            0.057                6.0 
                                            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 F025-Light                                                                            
                                            Ends Subcategory.                                                                                           
                                                                               Chloroform..............     67-66-3            0.046                6.0 
                                                                               1,2-Dichloroethane......    107-06-2             0.21                6.0 
                                                                               1,1-Dichloroethylene....     75-35-4            0.025                6.0 
                                                                               Methylene chloride......      75-9-2            0.089                 30 
                                                                               1,1,2-Trichloroethane...     79-00-5            0.054                6.0 
                                                                               Trichloroethylene.......     79-01-6            0.054                6.0 
                                                                               Vinyl chloride..........     75-01-4             0.27                6.0 
                                           Spent filters and filter aids, and  Carbon tetrachloride....     56-23-5            0.057                6.0 
                                            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. F025--                                                                               
                                            Spent Filters/Aids and Desiccants                                                                           
                                            Subcategory.                                                                                                
                                                                               Chloroform..............     67-66-3            0.046                6.0 
                                                                               Hexachlorobenzene.......    118-74-1            0.055                 10 
                                                                               Hexachlorobutadiene.....     87-68-3            0.055                5.6 
                                                                               Hexachloroethane........     67-72-1            0.055                 30 
                                                                               Methylene chloride......      75-9-2            0.089                 30 
                                                                               1,1,2-Trichloroethane...     79-00-5            0.054                6.0 
                                                                               Trichloroethylene.......     79-01-6            0.054                6.0 
                                                                               Vinyl chloride..........     75-01-4             0.27                6.0 

[[Page 741]]

                                                                                                                                                        
F027.....................................  Discarded unused formulations       HxCDDs (All                       NA            0.059                 NA 
                                            containing tri-, tetra-, or         Hexachlorodibenzo-p-                                                    
                                            pentachlorophenol or discarded      dioxins).                                                               
                                            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).                                                                                                 
                                                                               HxCDFs (All                       NA            0.059                3.4 
                                                                                Hexachlorodibenzofurans                                                 
                                                                                ).                                                                      
                                                                               PeCDDs (All                       NA             0.14                 10 
                                                                                Pentachlorodibenzo-p-                                                   
                                                                                dioxins).                                                               
                                                                               PeCDFs (All                       NA            0.059                3.4 
                                                                                Pentachlorodibenzofuran                                                 
                                                                                s).                                                                     
                                                                               Pentachlorophenol.......     87-86-5            0.061                3.4 
                                                                               TCDDs (All                        NA             0.28                 28 
                                                                                Tetrachlorodibenzo-p-                                                   
                                                                                dioxins).                                                               
                                                                               TCDFs (All                        NA            0.059                3.4 
                                                                                Tetracholorodibenzofura                                                 
                                                                                ns).                                                                    
                                                                               2,4,5-Trichlorophenol...     95-95-4            0.057                 28 
                                                                               2,4,6-Trichlorophenol...     88-06-2            0.057                 10 
                                                                               2,3,4,6-                     58-90-2            0.059                 NA 
                                                                                Tetrachlorophenol.                                                      
F028.....................................  Residues resulting from the         HxCDDs (All                       NA            0.059                5.6 
                                            incineration or thermal treatment   Hexachlorodibenzo-p-                                                    
                                            of soil contaminated with EPA       dioxins).                                                               
                                            Hazardous Wastes Nos. F020, F021,                                                                           
                                            F023, F026, and F027.                                                                                       
                                                                               HxCDFs (All                       NA            0.059                5.6 
                                                                                Hexachlorodibenzofurans                                                 
                                                                                ).                                                                      
                                                                               PeCDDs (All                       NA            0.039                6.2 
                                                                                Pentachlorodibenzo-p-                                                   
                                                                                dioxins).                                                               
                                                                               PeCDFs (All                       NA            0.067                8.2 
                                                                                Pentachlorodibenzofuran                                                 
                                                                                s).                                                                     
                                                                               Pentachlorophenol.......     87-86-5            0.080                 10 
                                                                               TCDDs (All                        NA             0.32                 30 
                                                                                Tetrachlorodibenzo-p-                                                   
                                                                                dioxins).                                                               
                                                                               TCDFs (All                        NA             2.77        0.86 mg/l TCLP
                                                                                Tetrachlorodibenzofuran                                                 
                                                                                s).                                                                     
                                                                               2,4,5-Trichlorophenol...     95-95-4              1.2                590 
                                                                               2,4,6-Trichlorophenol...     88-06-2             0.69                 NA 
                                                                               2,3,4,6-                     58-90-2             3.98         5.0 mg/l TCLP
                                                                                Tetrachlorophenol.                                                      

[[Page 742]]

                                                                                                                                                        
F037.....................................  Petroleum refinery primary oil/     Acenaphthene............     83-32-9            0.059               3.4. 
                                            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 Sec.  261.31(b)(2)                                                                               
                                            (including sludges generated in                                                                             
                                            one or more additional units                                                                                
                                            after wastewaters have been                                                                                 
                                            treated in aggressive biological                                                                            
                                            treatment units) and KO51 wastes                                                                            
                                            are not included in this listing.                                                                           
                                                                               Benzene.................     71-43-2             0.14                 10 
                                                                               Benz(a)anthracene.......     56-55-3            0.059                3.4 
                                                                               Benzo(a)pyrene..........     50-32-8            0.061                3.4 
                                                                               bis(2-Ethylhexyl)           117-81-7             0.28                 28 
                                                                                phthalate.                                                              
                                                                               Chrysene................    218-01-9            0.059                3.4 
                                                                               Di-n-butyl phthalate....     84-74-2            0.057                 28 
                                                                               Ethylbenzene............    100-41-4            0.057                 10 
                                                                               Fluorene................     86-73-7            0.059                 NA 
                                                                               Naphthalene.............     91-20-3            0.059                5.6 
                                                                               Phenanthrene............     85-01-8            0.059                5.6 
                                                                               Phenol..................    108-95-2            0.039                6.2 
                                                                               Pyrene..................    129-00-0            0.067                8.2 
                                                                               Toluene.................    108-88-3            0.080                 10 
                                                                               Xylenes-mixed isomers      1330-20-7             0.32                 30 
                                                                                (sum of o-, m-, and p-                                                  
                                                                                xylene concentrations).                                                 
                                                                               Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP
                                                                               Cyanides (Total) \7\....     57-12-5              1.2                590 
                                                                               Lead....................   7439-92-1             0.69                 NA 
                                                                               Nickel..................   7440-02-0               NA         5.0 mg/l TCLP.

[[Page 743]]

                                                                                                                                                        
F038.....................................  Petroleum refinery secondary        Benzene.................     71-43-2             0.14                 10 
                                            (emulsified) oil/water/solids                                                                               
                                            separation 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 floatation (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 Sec.                                                                                    
                                            261.31(b)(2) (including sludges                                                                             
                                            and floats generated in one or                                                                              
                                            more additional units after                                                                                 
                                            wastewaters have been treated in                                                                            
                                            aggressive biological units) and                                                                            
                                            F037, K048, and K051 are not                                                                                
                                            included in this listing.                                                                                   
                                                                               Benzo(a)pyrene..........     50-32-8            0.061                3.4 
                                                                               bis(2-Ethylhexyl)           117-81-7             0.28                 28 
                                                                                phthalate.                                                              
                                                                               Chrysene................    218-01-9            0.059                3.4 
                                                                               Di-n-butyl phthalate....     84-74-2            0.057                 28 
                                                                               Ethylbenzene............    100-41-4            0.057                 10 
                                                                               Fluorene................     86-73-7            0.059                 NA 
                                                                               Naphthalene.............     91-20-3            0.059                5.6 
                                                                               Phenanthrene............     85-01-8            0.059                5.6 
                                                                               Phenol..................    108-95-2            0.039                6.2 
                                                                               Pyrene..................    129-00-0            0.067                8.2 
                                                                               Toluene.................    108-88-3            0.080                 10 
                                                                               Xylenes-mixed isomers      1330-20-7             0.32                 30 
                                                                                (sum of o-, m-, and p-                                                  
                                                                                xylene concentrations).                                                 
                                                                               Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP
                                                                               Cyanides (Total) \7\....     57-12-5              1.2                590 
                                                                               Lead....................   7439-92-1             0.69                 NA 
                                                                               Nickel..................   7440-02-0               NA         5.0 mg/l TCLP
F039.....................................  Leachate (liquids that have         Acenaphthylene..........    208-96-8            0.059                3.4 
                                            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.).                                                                            
                                                                               Acetone.................     67-64-1             0.28                160 
                                                                               Acetonitrile............     75-05-8              5.6                NA. 
                                                                               Acetophenone............     96-86-2            0.010                9.7 
                                                                               2-Acetylaminofluorene...     53-96-3            0.059                140 
                                                                               Acrolein................    107-02-8             0.29                 NA 
                                                                               Acrylonitrile...........    107-13-1             0.24                 84 
                                                                               Aldrin..................    309-00-2            0.021              0.066 
                                                                               4-Aminobiphenyl.........     92-67-1             0.13                 NA 

[[Page 744]]

                                                                                                                                                        
                                                                               Aniline.................     62-53-3             0.81                 14 
                                                                               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 
                                                                               Benzo(b)fluoranthene        207-08-9             0.11                6.8 
                                                                                (difficult to                                                           
                                                                                distinguish from                                                        
                                                                                benzo(k)fluoranthene.                                                   
                                                                               Benzo(k)fluoranthene        207-08-9             0.11                6.8 
                                                                                (difficult to                                                           
                                                                                distinguish from                                                        
                                                                                benzo(b)fluoranthene.                                                   
                                                                               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 
                                                                               Methyl bromide               74-83-9             0.11                 15 
                                                                                (Bromomethane).                                                         
                                                                               4-Bromophenyl phenyl        101-55-3            0.055                 15 
                                                                                ether.                                                                  
                                                                               n-Butyl alcohol.........     71-36-3              5.6                2.6 
                                                                               Butyl benzyl phthalate..     85-68-7            0.017                 28 
                                                                               2-sec-Butyl-4,6-             88-85-7            0.066                2.5 
                                                                                dinitrophenol (Dinoseb).                                                
                                                                               Carbon disulfide........     75-15-0              3.8                NA. 
                                                                               Carbon tetrachloride....     56-23-5            0.057                6.0 
                                                                               Chlordane (alpha and         57-74-9           0.0033               0.26 
                                                                                gamma isomers).                                                         
                                                                               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                NA. 
                                                                               Chlorodibromomethane....    124-48-1            0.057                 15 
                                                                               Chloroethane............     75-00-3             0.27                6.0 
                                                                               bis(2-                      111-91-1            0.036                7.2 
                                                                                Chloroethoxy)methane.                                                   
                                                                               bis(2-Chloroethyl)ether.    111-44-4            0.033                6.0 
                                                                               Chloroform..............     67-66-3            0.046                6.0 
                                                                               bis(2-                    39638-32-9            0.055                7.2 
                                                                                Chloroisopropyl)ether.                                                  
                                                                               p-Chloro-m-cresol.......     59-50-7            0.018                 14 
                                                                               Chloromethane (Methyl        74-87-3             0.19                 30 
                                                                                chloride).                                                              
                                                                               2-Chloronaphthalene.....     91-58-7            0.055                5.6 

[[Page 745]]

                                                                                                                                                        
                                                                               2-Chlorophenol..........     95-57-8            0.044                5.7 
                                                                               3-Chloropropylene.......    107-05-1            0.036                 30 
                                                                               Chrysene................    218-01-9            0.059                3.4 
                                                                               o-Cresol................     95-48-7             0.11                5.6 
                                                                               m-Cresol (difficult to      108-39-4             0.77                5.6 
                                                                                distinguish from p-                                                     
                                                                                cresol).                                                                
                                                                               p-Cresol (difficult to      106-44-5             0.77                5.6 
                                                                                distinguish from m-                                                     
                                                                                cresol).                                                                
                                                                               Cyclohexanone...........    108-94-1             0.36                 NA 
                                                                               1,2-Dibromo-3-               96-12-8             0.11                 15 
                                                                                chloropropane.                                                          
                                                                               Ethylene dibromide (1,2-    106-93-4            0.028                 15 
                                                                                Dibromoethane).                                                         
                                                                               Dibromomethane..........     74-95-3             0.11                 15 
                                                                               2,4-D (2,4-                  94-75-7             0.72                 10 
                                                                                Dichlorophenoxyacetic                                                   
                                                                                acid).                                                                  
                                                                               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 
                                                                               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-                  156-60-5            0.054                 30 
                                                                                Dichloroethylene.                                                       
                                                                               2,4-Dichlorophenol......    120-83-2            0.044                 14 
                                                                               2,6-Dichlorophenol......     87-65-0            0.044                 14 
                                                                               1,2-Dichloropropane.....     78-87-5             0.85                 18 
                                                                               cis-1,3-                  10061-01-5            0.036                 18 
                                                                                Dichloropropylene.                                                      
                                                                               trans-1,3-                10061-02-6            0.036                 18 
                                                                                Dichloropropylene.                                                      
                                                                               Dieldrin................     60-57-1            0.017               0.13 
                                                                               Diethyl phthalate.......     84-66-2             0.20                 28 
                                                                               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 

[[Page 746]]

                                                                                                                                                        
                                                                               1,4-Dioxane.............    123-91-1             12.0               170. 
                                                                               Diphenylamine (difficult    122-39-4             0.92                NA. 
                                                                                to distinguish from                                                     
                                                                                diphenylnitrosamine).                                                   
                                                                               Diphenylnitrosamine          86-30-6             0.92                NA. 
                                                                                (difficult to                                                           
                                                                                distinguish from                                                        
                                                                                diphenylamine).                                                         
                                                                               1,2-Diphenylhydrazine...    122-66-7            0.087                NA. 
                                                                               Diphenylamine (difficult    122-39-4             0.92                 13 
                                                                                to distinguish from                                                     
                                                                                diphenylnitrosamine).                                                   
                                                                               Diphenylnitrosamine          86-30-6             0.92                 13 
                                                                                (difficult to                                                           
                                                                                distinguish from                                                        
                                                                                diphenylamine).                                                         
                                                                               1,2-Diphenylhydrazine...    122-66-7            0.087                1.5 
                                                                               Disulfoton..............    298-04-4            0.017                6.2 
                                                                               Endosulfan I............    939-98-8            0.023              0.066 
                                                                               Endosulfan II...........   33213-6-5            0.029               0.13 
                                                                               Endosulfan sulfate......   1-31-07-8            0.029               0.13 
                                                                               Endrin..................     72-20-8           0.0028               0.13 
                                                                               Endrin aldehyde.........   7421-93-4            0.025               0.13 
                                                                               Ethyl acetate...........    141-78-6             0.34                 33 
                                                                               Ethyl cyanide               107-12-0             0.24                360 
                                                                                (Propanenitrile).                                                       
                                                                               Ethyl benzene...........    100-41-4            0.057                 10 
                                                                               Ethyl ether.............     60-29-7             0.12                160 
                                                                               bis(2-Ethylhexyl)           117-81-7             0.28                 28 
                                                                                phthalate.                                                              
                                                                               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 
                                                                               Heptachlor epoxide......   1024-57-3            0.016              0.066 
                                                                               Hexachlorobenzene.......    118-74-1            0.055                 10 
                                                                               Hexachlorobutadiene.....     87-68-3            0.055                5.6 
                                                                               Hexachlorocyclopentadien     77-47-4            0.057                2.4 
                                                                                e.                                                                      
                                                                               HxCDDs (All                       NA         0.000063              0.001 
                                                                                Hexachlorodibenzo-p-                                                    
                                                                                dioxins).                                                               
                                                                               HxCDFs (All                       NA         0.000063              0.001 
                                                                                Hexachlorodibenzofurans                                                 
                                                                                ).                                                                      
                                                                               Hexachloroethane........     67-72-1            0.055                 30 
                                                                               Hexachloropropylene.....   1888-71-7            0.035                 30 
                                                                               Indeno (1,2,3-c,d)          193-39-5           0.0055                3.4 
                                                                                pyrene.                                                                 
                                                                               Iodomethane.............     74-88-4             0.19                 65 

[[Page 747]]

                                                                                                                                                        
                                                                               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..................    143-50-8           0.0011               0.13 
                                                                               Methacrylonitrile.......    126-98-7             0.24                 84 
                                                                               Methanol................     67-56-1              5.6                NA. 
                                                                               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-        101-14-4             0.50                 30 
                                                                                chloroaniline).                                                         
                                                                               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 methansulfonate..     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 
                                                                               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 
                                                                               p-Nitrophenol...........    100-02-7             0.12                 29 
                                                                               N-Nitrosodiethylamine...     55-18-5             0.40                 28 
                                                                               N-Nitrosodimethylamine..     62-75-9             0.40                NA. 
                                                                               N-Nitroso-di-n-             924-16-3             0.40                 17 
                                                                                butylamine.                                                             
                                                                               N-                        10595-95-6             0.40                2.3 
                                                                                Nitrosomethylethylamine.                                                
                                                                               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 
                                                                               Parathion...............     56-38-2            0.014                4.6 
                                                                               Total PCBs (sum of all     1336-36-3             0.10                 10 
                                                                                PCB isomer, or all                                                      
                                                                                Aroclors).                                                              
                                                                               Pentachlorobenzene......    608-93-5            0.055                 10 
                                                                               PeCDDs (All                       NA         0.000063              0.001 
                                                                                Pentachlorodibenzo-p-                                                   
                                                                                dioxins).                                                               
                                                                               PeCDFs (All                       NA         0.000035              0.001 
                                                                                Pentachlorodibenzofuran                                                 
                                                                                s).                                                                     
                                                                               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 
                                                                               Phorate.................    298-02-2            0.021                4.6 
                                                                               Phthalic anhydride......     85-44-9            0.055                NA. 
                                                                               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 

[[Page 748]]

                                                                                                                                                        
                                                                               Silvex (2,4,5-TP).......     93-72-1             0.72                7.9 
                                                                               2,4,5-T.................     93-76-5             0.72                7.9 
                                                                               1,2,4,5-                     95-94-3            0.055                 14 
                                                                                Tetrachlorobenzene.                                                     
                                                                               TCDDs (All                        NA         0.000063              0.001 
                                                                                Tetrachlorodibenzo-p-                                                   
                                                                                dioxins).                                                               
                                                                               TCDFs (All                        NA         0.000063              0.001 
                                                                                Tetrachlorodibenzofuran                                                 
                                                                                s).                                                                     
                                                                               1,1,1,2-                    630-20-6            0.057                6.0 
                                                                                Tetrachloroethane.                                                      
                                                                               1,1,2,2-                     79-34-6            0.057                6.0 
                                                                                Tetrachloroethane.                                                      
                                                                               Tetrachloroethylene.....    127-18-4            0.056                6.0 
                                                                               2,3,4,6-                     58-90-2            0.030                7.4 
                                                                                Tetrachlorophenol.                                                      
                                                                               Toluene.................    108-88-3            0.080                 10 
                                                                               Toxaphene...............   8001-35-2           0.0095                2.6 
                                                                               Bromoform                    75-25-2             0.63                 15 
                                                                                (Tribromomethane).                                                      
                                                                               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 
                                                                               Trichloromonofluorometha     75-69-4            0.020                 30 
                                                                                ne.                                                                     
                                                                               2,4,5-Trichlorophenol...     95-95-4             0.18                7.4 
                                                                               2,4,6-Trichlorophenol...     88-06-2            0.035                7.4 
                                                                               1,2,3-Trichloropropane..     96-18-4             0.85                 30 
                                                                               1,1,2-Trichloro-1,2,2-       76-13-1            0.057                 30 
                                                                                trifluoroethane.                                                        
                                                                               tris(2,3-Dibromopropyl)     126-72-7             0.11                NA. 
                                                                                phosphate.                                                              
                                                                               Vinyl chloride..........     75-01-4             0.27                6.0 
                                                                               Xylenes-mixed isomers      1330-20-7             0.32                 30 
                                                                                (sum of o-, m-, and p-                                                  
                                                                                xylene concentrations).                                                 
                                                                               Antimony................   7440-36-0              1.9         2.1 mg/l TCLP
                                                                               Arsenic.................   7440-38-2              1.4         5.0 mg/l TCLP
                                                                               Barium..................   7440-39-3              1.2         7.6 mg/l TCLP
                                                                               Beryllium...............   7440-41-7             0.82                NA. 
                                                                               Cadmium.................   7440-43-9             0.69        0.19 mg/l TCLP
                                                                               Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP
                                                                               Cyanides (Total) \7\....     57-12-5              1.2                590 
                                                                               Cyanides (Amenable).....     57-12-5             0.86                NA. 
                                                                               Fluoride................  16964-48-8               35                NA. 
                                                                               Lead....................   7439-92-1             0.69        0.37 mg/l TCLP
                                                                               Mercury.................   7439-97-6             0.15       0.025 mg/l TCLP
                                                                               Nickel..................   7440-02-0             3.98         5.0 mg/l TCLP
                                                                               Selenium................   7782-49-2             0.82        0.16 mg/l TCLP

[[Page 749]]

                                                                                                                                                        
                                                                               Silver..................   7440-22-4             0.43        0.30 mg/l TCLP
                                                                               Sulfide.................   8496-25-8               14                 NA 
                                                                               Thallium................   7440-28-0              1.4                NA. 
                                                                               Vanadium................   7440-62-2              4.3                NA. 
K001.....................................  Bottom sediment sludge from the     Naphthalene.............     91-20-3            0.059                5.6 
                                            treatment of wastewaters from                                                                               
                                            wood preserving processes that                                                                              
                                            use creosote and/or                                                                                         
                                            pentachlorophenol..                                                                                         
                                                                               Pentachlorophenol.......     87-86-5            0.089                7.4 
                                                                               Phenanthrene............     85-01-8            0.059                5.6 
                                                                               Pyrene..................    129-00-0            0.067                8.2 
                                                                               Toluene.................    108-88-3            0.080                 10 
                                                                               Xylenes-mixed isomers      1330-20-7             0.32                 30 
                                                                                (sum of o-, m-, and p-                                                  
                                                                                xylene concentrations).                                                 
                                                                               Lead....................   7439-92-1             0.69        0.37 mg/l TCLP
K002.....................................  Wastewater treatment sludge from    Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP
                                            the production of chrome yellow                                                                             
                                            and orange pigments.                                                                                        
                                                                               Lead....................   7439-92-1             0.69        0.37 mg/l TCLP
K003.....................................  Wastewater treatment sludge from    Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP
                                            the production of molybdate                                                                                 
                                            orange pigments.                                                                                            
                                                                               Lead....................   7439-92-1             0.69        0.37 mg/l TCLP
K004.....................................  Wastewater treatment sludge from    Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP
                                            the production of zinc yellow                                                                               
                                            pigments.                                                                                                   
                                                                               Lead....................   7439-92-1             0.69        0.37 mg/l TCLP
K005.....................................  Wastewater treatment sludge from    Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP
                                            the production of chrome green                                                                              
                                            pigments.                                                                                                   
                                                                               Lead....................   7439-92-1             0.69        0.37 mg/l TCLP
                                                                               Cyanides (Total) \7\....     57-12-5              1.2                590 
K006.....................................  Wastewater treatement sludge from   Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP.
                                            the production of chrome oxide                                                                              
                                            green pigments (anhydrous).                                                                                 
                                                                               Lead....................   7439-92-1             0.69        0.37 mg/l TCLP.
                                           Wastewater treatment sludge from    Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP.
                                            the production of chrome oxide                                                                              
                                            green pigments (hydrated).                                                                                  
                                                                               Lead....................   7439-92-1             0.69        0.37 mg/l TCLP.
K007.....................................  Wastewater treatment sludge from    Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP
                                            the production of iron blue                                                                                 
                                            pigments.                                                                                                   
                                                                               Lead....................   7439-92-1             0.69        0.37 mg/l TCLP
                                                                               Cyanides (Total) \7\....     57-12-5              1.2                590 
K008.....................................  Oven residue from the production    Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP.
                                            of chrome oxide green pigments.                                                                             
                                                                               Lead....................   7439-92-1             0.69        0.37 mg/l TCLP.
K009.....................................  Distillation bottoms from the       Chloroform..............     67-66-3            0.046                6.0 
                                            production of acetaldehyde from                                                                             
                                            ethylene.                                                                                                   
K010.....................................  Distillation side cuts from the     Chloroform..............     67-66-3            0.046                6.0 
                                            procduction of acetaldehyde from                                                                            
                                            ethylene.                                                                                                   
K011.....................................  Bottom stream from the wastewater   Acetonitrile............     75-05-8              5.6                 38 
                                            stripper in the production of                                                                               
                                            acrylonitrile.                                                                                              
                                                                               Acrylonitrile...........    107-13-1             0.24                 84 
                                                                               Acrylamide..............     79-06-1               19                 23 
                                                                               Benzene.................     71-43-2             0.14                 10 
                                                                               Cyanide (Total).........     57-12-5              1.2                590 

[[Page 750]]

                                                                                                                                                        
K013.....................................  Bottom stream from the              Acetonitrile............     75-05-8              5.6                 38 
                                            acetonitrile column in the                                                                                  
                                            production of acrylonitrile..                                                                               
                                                                               Acrylonitrile...........    107-13-1             0.24                 84 
                                                                               Acrylamide..............     79-06-1               19                 23 
                                                                               Benzene.................     71-43-2             0.14                 10 
                                                                               Cyanide (Total).........     57-12-5              1.2                590 
K014.....................................  Bottoms from the acetonitrile       Acetonitrile............     75-05-8              5.6                 38 
                                            purification column in the                                                                                  
                                            production of acrylonitrile.                                                                                
                                                                               Acrylonitrile...........    107-13-1             0.24                 84 
                                                                               Acrylamide..............     79-06-1               19                 23 
                                                                               Benzene.................     71-43-2             0.14                 10 
                                                                               Cyanide (Total).........     57-12-5              1.2                590 
K015.....................................  Still bottoms from the              Anthracene..............    120-12-7            0.059                3.4 
                                            distillation of benzyl chloride..                                                                           
                                                                               Benzal chloride.........     98-87-3            0.055                6.0 
                                                                               Benzo(b)fluoranthene        205-99-2             0.11                6.8 
                                                                                (difficult to                                                           
                                                                                distinguish from                                                        
                                                                                benzo(k)fluoranthene.                                                   
                                                                               Benzo(k)fluroanthene        207-08-9             0.11                6.8 
                                                                                (difficult to                                                           
                                                                                distinguish from                                                        
                                                                                benzo(b) fluoranthene.                                                  
                                                                               Phenanthrene............     85-01-8            0.059                5.6 
                                                                               Toluene.................    108-88-3            0.080                 10 
                                                                               Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP
                                                                               Nickel..................   7440-02-0             3.98         5.0 mg/l TCLP
K016.....................................  Heavy ends or distillation          Hexachlorobenzene.......    118-74-1            0.055                 10 
                                            residues from the production of                                                                             
                                            carbon tetrachloride.                                                                                       
                                                                               Hexachlorobutadiene.....     87-68-3            0.055                5.6 
                                                                               Hexachlorocyclopentadien     77-47-4            0.057                2.4 
                                                                                e.                                                                      
                                                                               Hexachloroethane........     67-72-1            0.055                 30 
                                                                               Tetrachloroethylene.....    127-18-4            0.056                6.0 
K017.....................................  Heavy ends (still bottoms) from     bis(2-Chloroethyl)ether.    111-44-4            0.033                6.0 
                                            the purification column in the                                                                              
                                            production of epichlorohydrin.                                                                              
                                                                               1,2-Dichloropropane.....     78-87-5             0.85                 18 
                                                                               1,2,3-Trichloropropane..     96-18-4             0.85                 30 
K018.....................................  Heavy ends from the fractionation   Chloroethane............     75-00-3             0.27                6.0 
                                            column in ethyl chloride                                                                                    
                                            production.                                                                                                 
                                                                               Chloromethane...........     74-87-3             0.19                 NA 
                                                                               1,1-Dichloroethane......     75-34-3            0.059                6.0 
                                                                               1,2-Dichloroethane......    107-06-2             0.21                6.0 
                                                                               Hexachlorobenzene.......    118-74-1            0.055                 10 
                                                                               Hexachlorobutadiene.....     87-68-3            0.055                5.6 
                                                                               Hexachloroethane........     67-72-1            0.055                 30 

[[Page 751]]

                                                                                                                                                        
                                                                               Pentachloroethane.......     76-01-7               NA                6.0 
                                                                               1,1,1-Trichloroethane...     71-55-6            0.054                6.0 
K019.....................................  Heavy ends from the distillation    bis(2-Chloroethyl)ether.    111-44-4            0.033                6.0 
                                            of ethylene dichloride in                                                                                   
                                            ethylene dichloride production..                                                                            
                                                                               Chlorobenzene...........    108-90-7            0.057                6.0 
                                                                               Chloroform..............     67-66-3            0.046                6.0 
                                                                               p-Dichlorobenzene.......    106-46-7            0.090                 NA 
                                                                               1,2-Dichloroethane......    107-06-2             0.21                6.0 
                                                                               Fluorene................     86-73-7            0.059                 NA 
                                                                               Hexachloroethane........     67-72-1            0.055                 30 
                                                                               Naphthalene.............     91-20-3            0.059                5.6 
                                                                               Phenanthrene............     85-01-8            0.059                5.6 
                                                                               1,2,4,5-                     95-94-3            0.055                 NA 
                                                                                Tetrachlorobenzene.                                                     
                                                                               Tetrachloroethylene.....    127-18-4            0.056                6.0 
                                                                               1,2,4-Trichlorobenzene..    120-82-1            0.055                 19 
                                                                               1,1,1-Trichloroethane...     71-55-6            0.054                6.0 
K020.....................................  Heavy ends from the distillation    1,2-Dichloroethane......    107-06-2             0.21                6.0 
                                            of vinyl chloride in vinyl                                                                                  
                                            chloride monomer production.                                                                                
                                                                               1,1,2,2-                     79-34-6            0.057                6.0 
                                                                                Tetrachloroethane.                                                      
                                                                               Tetrachloroethylene.....    127-18-4            0.056                6.0 
K021.....................................  Aqueous spent antimony catalyst     Carbon tetrachloride....     56-23-5            0.057                6.0 
                                            waste from fluoromethanes                                                                                   
                                            production.                                                                                                 
                                                                               Chloroform..............     67-66-3            0.046                6.0 
                                                                               Antimony................   7440-36-0              1.9         2.1 mg/l TCLP
K022.....................................  Distillation bottom tars from the   Toluene.................    108-88-3            0.080                 10 
                                            production of phenol/acetone from                                                                           
                                            cumene.                                                                                                     
                                                                               Acetophenone............     96-86-2            0.010                9.7 
                                                                               Diphenylamine (difficult    122-39-4             0.92                 13 
                                                                                to distinguish from                                                     
                                                                                diphenylnitrosamine).                                                   
                                                                               Diphenylnitrosamine          86-30-6             0.92                 13 
                                                                                (difficult to                                                           
                                                                                distinguish from                                                        
                                                                                diphenylamine).                                                         
                                                                               Phenol..................    108-95-2            0.039                6.2 
                                                                               Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP
                                                                               Nickel..................   7440-02-0             3.98         5.0 mg/l TCLP
K023.....................................  Distillation light ends from the    Phthalic anhydride          100-21-0            0.055                 28 
                                            production of phthalic anhydride    (measured as Phthalic                                                   
                                            from naphthalene.                   acid or Terephthalic                                                    
                                                                                acid).                                                                  
                                                                               Phthalic anhydride           85-44-9            0.055                 28 
                                                                                (measured as Phthalic                                                   
                                                                                acid or Terephthalic                                                    
                                                                                acid).                                                                  
K024.....................................  Distillation bottoms from the       Phthalic anhydride          100-21-0            0.055                 28 
                                            production of phthalic anhydride    (measured as Phthalic                                                   
                                            from naphthalene.                   acid or Terephthalic                                                    
                                                                                acid).                                                                  
                                                                               Phthalic anhydride           85-44-9            0.055                 28 
                                                                                (measured as Phthalic                                                   
                                                                                acid or Terephthalic                                                    
                                                                                acid).                                                                  
K025.....................................  Distillation bottoms from the       NA......................          NA   LLEXT fb SSTRP                   CMBST
                                            production of nitrobenzene by the                                                    fb CARBN; or           
                                            nitration of benzene.                                                                   CMBST               
K026.....................................  Stripping still tails from the      NA......................          NA                 CMBST              CMBST
                                            production of methyl ethyl                                                                                  
                                            pyridines.                                                                                                  
K027.....................................  Centrifuge and distillation         NA......................          NA                 CARBN; or CMBST    CMBST
                                            residues from toluene                                                                                       
                                            diisocyanate production.                                                                                    

[[Page 752]]

                                                                                                                                                        
K028.....................................  Spent catalyst from the             1,1-Dichloroethane......     75-34-3            0.059                6.0 
                                            hydrochlorinator reactor in the                                                                             
                                            production of 1,1,1-                                                                                        
                                            trichloroethane.                                                                                            
                                                                               trans-1,2-                  156-60-5            0.054                 30 
                                                                                Dichloroethylene.                                                       
                                                                               Hexachlorobutadiene.....     87-68-3            0.055                5.6 
                                                                               Hexachloroethane........     67-72-1            0.055                 30 
                                                                               Pentachloroethane.......     76-01-7               NA                6.0 
                                                                               1,1,1,2-                    630-20-6            0.057                6.0 
                                                                                Tetrachloroethane.                                                      
                                                                               1,1,2,2-                     79-34-6            0.057                6.0 
                                                                                Tetrachloroethane.                                                      
                                                                               Tetrachloroethylene.....    127-18-4            0.056                6.0 
                                                                               1,1,1-Trichloroethane...     71-55-6            0.054                6.0 
                                                                               1,1,2-Trichloroethane...     79-00-5            0.054                6.0 
                                                                               Cadmium.................   7440-43-9             0.69                 NA 
                                                                               Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP
                                                                               Lead....................   7439-92-1             0.69        0.37 mg/l TCLP
                                                                               Nickel..................   7440-02-0             3.98         5.0 mg/l TCLP
K029.....................................  Waste from the product steam        Chloroform..............     67-66-3            0.046                6.0 
                                            stripper in the production of                                                                               
                                            1,1,1-trichloroethane.                                                                                      
                                                                               1,2-Dichloroethane......    107-06-2             0.21                6.0 
                                                                               1,1-Dichloroethylene....     75-35-4            0.025                6.0 
                                                                               1,1,1-Trichloroethane...     71-55-6            0.054                6.0 
                                                                               Vinyl chloride..........     75-01-4             0.27                6.0 
K030.....................................  Column bodies or heavy ends from    o-Dichlorobenzene.......     95-50-1            0.088                 NA 
                                            the combined production of                                                                                  
                                            trichloroethylene and                                                                                       
                                            perchloroethylene.                                                                                          
                                                                               p-Dichlorobenzene.......    106-46-7            0.090                 NA 
                                                                               Hexachlorobutadiene.....     87-68-3            0.055                5.6 
                                                                               Hexachloroethane........     67-72-1            0.055                 30 
                                                                               Hexachloropropylene.....   1888-71-7               NA                 30 
                                                                               Pentachlorobenzene......    608-93-5               NA                 10 
                                                                               Pentachloroethane.......     76-01-7               NA                6.0 
                                                                               1,2,4,5-                     95-94-3            0.055                 14 
                                                                                Tetrachlorobenzene.                                                     
                                                                               Tetrachloroethylene.....    127-18-4            0.056                6.0 
                                                                               1,2,4-Trichlorobenzene..    120-82-1            0.055                 19 
K031.....................................  By-product salts generated in the   Arsenic.................   7440-38-2              1.4         5.0 mg/l TCLP
                                            production of MSMA and cacodylic                                                                            
                                            acid.                                                                                                       
K032.....................................  Wastewater treatment sludge from    Hexachlorocyclopentadien     77-47-4            0.057                2.4 
                                            the production of chlordane.        e.                                                                      
                                                                               Chlordane (alpha and         57-74-9           0.0033               0.26 
                                                                                gamma isomers).                                                         
                                                                               Heptachlor..............     76-44-8           0.0012              0.066 
                                                                               Heptachlor epoxide......   1024-57-3            0.016              0.066 

[[Page 753]]

                                                                                                                                                        
K033.....................................  Wastewater and scrub water from     Hexachlorocyclopentadien     77-47-4            0.057                2.4 
                                            the chlorination of                 e.                                                                      
                                            cyclopentadiene in the production                                                                           
                                            of chlordane.                                                                                               
K034.....................................  Filter solids from the filtration   Hexachlorocylopentadiene     77-47-4            0.057                2.4 
                                            of hexachlorocyclopentadiene in                                                                             
                                            the production of chlordane.                                                                                
K035.....................................  Wastewater treatment sludges        Acenaphthene............     83-32-9               NA                3.4 
                                            generated in the production of                                                                              
                                            creosote.                                                                                                   
                                                                               Anthracene..............    120-12-7               NA                3.4 
                                                                               Benz(a)anthracene.......     56-55-3            0.059                3.4 
                                                                               Benzo(a)pyrene..........     50-32-8            0.061                3.4 
                                                                               Chrysene................    218-01-9            0.059                3.4 
                                                                               o-Cresol................     95-48-7             0.11                5.6 
                                                                               m-Cresol (difficult to      108-39-4             0.77                5.6 
                                                                                distinguish from p-                                                     
                                                                                cresol).                                                                
                                                                               p-Cresol (difficult to      106-44-5             0.77                5.6 
                                                                                distinguish from m-                                                     
                                                                                cresol).                                                                
                                                                               Dibenz(a,h)anthracene...     53-70-3               NA                8.2 
                                                                               Fluoranthene............    206-44-0            0.068                3.4 
                                                                               Fluorene................     86-73-7               NA                3.4 
                                                                               Indeno(1,2,3-cd)pyrene..    193-39-5               NA                3.4 
                                                                               Naphthalene.............     91-20-3            0.059                5.6 
                                                                               Phenanthrene............     85-01-8            0.059                5.6 
                                                                               Phenol..................    108-95-2            0.039                6.2 
                                                                               Pyrene..................    129-00-0            0.067                8.2 
K036.....................................  Still bottoms from toluene          Disulfoton..............    298-04-4            0.017                6.2 
                                            reclamation distillation in the                                                                             
                                            production of disulfoton.                                                                                   
K037.....................................  Wastewater treatment sludges from   Disulfoton..............    298-04-4            0.017                6.2 
                                            the production of disulfoton.                                                                               
                                                                               Toluene.................    108-88-3            0.080                 10 
K038.....................................  Wastewater from the washing and     Phorate.................    298-02-2            0.021                4.6 
                                            stripping of phorate production.                                                                            
K039.....................................  Filter cake from the filtration of  NA......................          NA                 CARBN, or CMBST    CMBST
                                            diethylphosphorodithioc acid in                                                                             
                                            the production of phorate.                                                                                  
K040.....................................  Wastewater treatment sludge from    Phorate.................    298-02-2            0.021                4.6 
                                            the production of phorate.                                                                                  
K041.....................................  Wastewater treatment sludge from    Toxaphene...............   8001-35-2           0.0095                2.6 
                                            the production of toxaphene.                                                                                
K042.....................................  Heavy ends or distillation          o-Dichlorobenzene.......     95-50-1            0.088                6.0 
                                            residues from the distillation of                                                                           
                                            tetrachlorobenzene in the                                                                                   
                                            production of 2,4,5-T.                                                                                      
                                                                               p-Dichlorobenzene.......    106-46-7            0.090                6.0 
                                                                               Pentachlorobenzene......    608-93-5            0.055                 10 
                                                                               1,2,4,5-                     95-94-3            0.055                 14 
                                                                                Tetrachlorobenzene.                                                     
                                                                               1,2,4-Trichlorobenzene..    120-82-1            0.055                 19 
K043.....................................  2,6-Dichlorophenol waste from the   2,4-Dichlorophenol......    120-83-2            0.044                 14 
                                            production of 2,4-D.                                                                                        
                                                                               2,6-Dichlorophenol......    187-65-0            0.044                 14 
                                                                               2,4,5-Trichlorophenol...     95-95-4             0.18                7.4 
                                                                               2,4,6-Trichlorophenol...     88-06-2            0.035                7.4 
                                                                               2,3,4,6-                     58-90-2            0.030                7.4 
                                                                                Tetrachlorophenol.                                                      
                                                                               Pentachlorophenol.......     87-86-5            0.089                7.4 
                                                                               Tetrachloroethylene.....    127-18-4            0.056                6.0 

[[Page 754]]

                                                                                                                                                        
                                                                               HxCDDs (All                       NA         0.000063              0.001 
                                                                                Hexachlorodibenzo-p-                                                    
                                                                                dioxins).                                                               
                                                                               HxCDFs (All                       NA         0.000063              0.001 
                                                                                Hexachlorodibenzofurans                                                 
                                                                                ).                                                                      
                                                                               PeCDDs (All                       NA         0.000063              0.001 
                                                                                Pentachlorodibenzo-p-                                                   
                                                                                dioxins).                                                               
                                                                               PeCDFs (All                       NA         0.000035              0.001 
                                                                                Pentachlorodibenzofuran                                                 
                                                                                s).                                                                     
                                                                               TCDDs (All                        NA         0.000063              0.001 
                                                                                Tetrachlorodibenzo-p-                                                   
                                                                                dioxins).                                                               
                                                                               TCDFs (All                        NA         0.000063              0.001 
                                                                                Tetrachlorodibenzofuran                                                 
                                                                                s).                                                                     
K044.....................................  Wastewater treatment sludges from   NA......................          NA              DEACT              DEACT
                                            the manufacturing and processing                                                                            
                                            of explosives.                                                                                              
K045.....................................  Spent carbon from the treatment of  NA......................          NA              DEACT              DEACT
                                            wastewater containing explosives.                                                                           
K046.....................................  Wastewater treatment sludges from   Lead....................   7439-92-1             0.69        0.37 mg/l TCLP
                                            the manufacturing, formulation                                                                              
                                            and loading of lead-based                                                                                   
                                            initiating compounds.                                                                                       
K047.....................................  Pink/red water from TNT operations  NA......................          NA              DEACT              DEACT
K048.....................................  Dissolved air flotation (DAF)       Benzene.................     71-43-2             0.14                 10 
                                            float from the petroleum refining                                                                           
                                            industry.                                                                                                   
                                                                               Benzo(a)pyrene..........     50-32-8            0.061                3.4 
                                                                               bis(2-Ethylhexyl)           117-81-7             0.28                 28 
                                                                                phthalate.                                                              
                                                                               Chrysene................    218-01-9            0.059                3.4 
                                                                               Di-n-butyl phthalate....     84-74-2            0.057                 28 
                                                                               Ethylbenzene............    100-41-4            0.057                 10 
                                                                               Fluorene................     86-73-7            0.059                 NA 
                                                                               Naphthalene.............     91-20-3            0.059                5.6 
                                                                               Phenanthrene............     85-01-8            0.059                5.6 
                                                                               Phenol..................    108-95-2            0.039                6.2 
                                                                               Pyrene..................    129-00-0            0.067                8.2 
                                                                               Toluene.................   108-88-33            0.080                 10 
                                                                               Xylenes-mixed isomers      1330-20-7             0.32                 30 
                                                                                (sum of o-, m-, and p-                                                  
                                                                                xylene concentrations).                                                 
                                                                               Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP
                                                                               Cyanides (Total) \7\....     57-12-5              1.2                590 
                                                                               Lead....................   7439-92-1             0.69                 NA 
                                                                               Nickel..................   7440-02-0               NA         5.0 mg/l TCLP
K049.....................................  Slop oil emulsion solids from the   Anthracene..............    120-12-7            0.059                3.4 
                                            petroleum refining industry.                                                                                
                                                                               Benzene.................     71-43-2             0.14                 10 
                                                                               Benzo(a)pyrene..........     50-32-8            0.061                3.4 

[[Page 755]]

                                                                                                                                                        
                                                                               bis(2-Ethylhexyl)           117-81-7             0.28                 28 
                                                                                phthalate.                                                              
                                                                               Carbon disulfide........     75-15-0              3.8                 NA 
                                                                               Chrysene................   2218-01-9            0.059                3.4 
                                                                               2,4-Dimethylphenol......    105-67-9            0.036                 NA 
                                                                               Ethylbenzene............    100-41-4            0.057                 10 
                                                                               Naphthalene.............     91-20-3            0.059                5.6 
                                                                               Phenanthrene............     85-01-8            0.059                5.6 
                                                                               Phenol..................    108-95-2            0.039                6.2 
                                                                               Pyrene..................    129-00-0            0.067                8.2 
                                                                               Toluene.................    108-88-3            0.080                 10 
                                                                               Xylenes-mixed isomers      1330-20-7             0.32                 30 
                                                                                (sum of o-, m-, and p-                                                  
                                                                                xylene concentrations).                                                 
                                                                               Cyanides (Total) \7\....     57-12-5              1.2                590 
                                                                               Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP
                                                                               Lead....................   7439-92-1             0.69                 NA 
                                                                               Nickel..................   7440-02-0               NA         5.0 mg/l TCLP
K050.....................................  Heat exchanger bundle cleaning      Benzo(a)pyrene..........     50-32-8            0.061                3.4 
                                            sludge from the petroleum                                                                                   
                                            refining industry.                                                                                          
                                                                               Phenol..................    108-95-2            0.039                6.2 
                                                                               Cyanides (Total) \7\....     57-12-5              1.2                590 
                                                                               Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP
                                                                               Lead....................   7439-92-1             0.69                 NA 
                                                                               Nickel..................   7440-02-0               NA         5.0 mg/l TCLP
K051.....................................  API separator sludge from the       Acenaphthene............     83-32-9            0.059                 NA 
                                            petroleum refining industry.                                                                                
                                                                               Anthracene..............    120-12-7            0.059                3.4 
                                                                               Benz(a)anthracene.......     56-55-3            0.059                3.4 
                                                                               Benzene.................     71-43-2             0.14                 10 
                                                                               Benzo(a)pyrene..........     50-32-8            0.061                3.4 
                                                                               bis(2-Ethylhexyl)           117-81-7             0.28                 28 
                                                                                phthalate.                                                              
                                                                               Chrysene................   2218-01-9            0.059                3.4 
                                                                               Di-n-butyl phthalate....    105-67-9            0.057                 28 
                                                                               Ethylbenzene............    100-41-4            0.057                 10 
                                                                               Fluorene................     86-73-7            0.059                 NA 
                                                                               Naphthalene.............     91-20-3            0.059                5.6 
                                                                               Phenanthrene............     85-01-8            0.059                5.6 
                                                                               Phenol..................    108-95-2            0.039                6.2 
                                                                               Pyrene..................    129-00-0            0.067                8.2 
                                                                               Toluene.................    108-88-3             0.08                 10 
                                                                               Xylenes-mixed isomers      1330-20-7             0.32                 30 
                                                                                (sum of o-, m-, and p-                                                  
                                                                                xylene concentrations).                                                 
                                                                               Cyanides (Total) \7\....     57-12-5              1.2                590 
                                                                               Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP
                                                                               Lead....................   7439-92-1             0.69                 NA 
                                                                               Nickel..................   7440-02-0               NA         5.0 mg/l TCLP
K052.....................................  Tank bottoms (leaded) from the      Benzene.................     71-43-2             0.14                 10 
                                            petroleum refining industry.                                                                                
                                                                               Benzo(a)pyrene..........     50-32-8            0.061                3.4 
                                                                               o-Cresol................     95-48-7             0.11                5.6 
                                                                               m-Cresol (difficult to      108-39-4             0.77                5.6 
                                                                                distinguish from p-                                                     
                                                                                cresol).                                                                
                                                                               p-Cresol (difficult to      106-44-5             0.77                5.6 
                                                                                distinguish from m-                                                     
                                                                                cresol).                                                                

[[Page 756]]

                                                                                                                                                        
                                                                               2,4-Dimethylphenol......    105-67-9            0.036                 NA 
                                                                               Ethylbenzene............    100-41-4            0.057                 10 
                                                                               Naphthalene.............     91-20-3            0.059                5.6 
                                                                               Phenanthrene............     85-01-8            0.059                5.6 
                                                                               Phenol..................    108-95-2            0.039                6.2 
                                                                               Toluene.................    108-88-3             0.08                 10 
                                                                               Xylenes-mixed isomers      1330-20-7             0.32                 30 
                                                                                (sum of o-, m-, and p-                                                  
                                                                                xylene concentrations).                                                 
                                                                               Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP
                                                                               Cyanides (Total) \7\....     57-12-5              1.2                590 
                                                                               Lead....................   7439-92-1             0.69                 NA 
                                                                               Nickel..................   7440-02-0               NA         5.0 mg/l TCLP
K060.....................................  Ammonia still lime sludge from      Benzene.................     71-43-2             0.14                 10 
                                            coking operations.                                                                                          
                                                                               Benzo(a)pyrene..........     50-32-8            0.061                3.4 
                                                                               Naphthalene.............     91-20-3            0.059                5.6 
                                                                               Phenol..................    108-95-2            0.039                6.2 
                                                                               Cyanides (Total) \7\....     57-12-5              1.2                590 
K061.....................................  Emission control dust/sludge from   Antimony................   7440-36-0               NA         2.1 mg/l TCLP
                                            the primary production of steel                                                                             
                                            in electric furnaces.                                                                                       
                                                                               Arsenic.................   7440-38-2               NA         5.0 mg/l TCLP
                                                                               Barium..................   7440-39-3               NA         7.6 mg/l TCLP
                                                                               Beryllium...............   7440-41-7               NA       0.014 mg/l TCLP
                                                                               Cadmium.................   7440-43-9             0.69        0.19 mg/l TCLP
                                                                               Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP
                                                                               Lead....................   7439-92-1             0.69        0.37 mg/l TCLP
                                                                               Mercury.................   7439-97-6               NA       0.025 mg/l TCLP
                                                                               Nickel..................   7440-02-0             3.98         5.0 mg/l TCLP
                                                                               Selenium................   7782-49-2               NA        0.16 mg/l TCLP
                                                                               Silver..................   7440-22-4               NA        0.30 mg/l TCLP
                                                                               Thallium................   7440-28-0               NA       0.078 mg/l TCLP
                                                                               Zinc....................   7440-66-6               NA         5.3 mg/l TCLP
K062.....................................  Spent pickle liquor generated by    Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP.
                                            steel finishing operations of                                                                               
                                            facilities within the iron and                                                                              
                                            steel industry (SIC Codes 331 and                                                                           
                                            332).                                                                                                       
                                                                               Lead....................   7439-92-1             0.69        0.37 mg/l TCLP.
                                                                               Nickel..................   7440-02-0             3.98         5.0 mg/l TCLP.
K069.....................................  Emission control dust/sludge from   Cadmium.................   7440-43-9             0.69        0.19 mg/l TCLP
                                            secondary lead smelting.--Calcium                                                                           
                                            Sulfate (Low Lead) Subcategory.                                                                             
                                                                               Lead....................   7439-92-1             0.69        0.37 mg/l TCLP

[[Page 757]]

                                                                                                                                                        
                                           Emission control dust/sludge from   NA......................          NA               NA              RLEAD 
                                            secondary lead smelting--Non-                                                                               
                                            Calcium Sulfate (High Lead)                                                                                 
                                            Subcategory.                                                                                                
K071.....................................  K071 (Brine purification muds from  Mercury.................   7439-97-6               NA        0.20 mg/l TCLP
                                            the mercury cell process in                                                                                 
                                            chlorine production, where                                                                                  
                                            separately prepurified brine is                                                                             
                                            not used) nonwastewaters that are                                                                           
                                            residues from RMERC.                                                                                        
                                           K071 (Brine purification muds from  Mercury.................   7439-97-6               NA       0.025 mg/l TCLP
                                            the mercury cell process in                                                                                 
                                            chlorine production, where                                                                                  
                                            separately prepurified brine is                                                                             
                                            not used) nonwastewaters that are                                                                           
                                            not residues from RMERC.                                                                                    
                                           All K071 wastewaters..............  Mercury.................   7439-97-6             0.15                 NA 
K073.....................................  Chlorinated hydrocarbon waste from  Carbon tetrachloride....     56-23-5            0.057                6.0 
                                            the purification step of the                                                                                
                                            diaphragm cell process using                                                                                
                                            graphite anodes in chlorine                                                                                 
                                            production.                                                                                                 
                                                                               Chloroform..............     67-66-3            0.046                6.0 
                                                                               Hexachloroethane........     67-72-1            0.055                 30 
                                                                               Tetrachloroethylene.....    127-18-4            0.056                6.0 
                                                                               1,1,1-Trichloroethane...     71-55-6            0.054                6.0 
K083.....................................  Distillation bottoms from aniline   Aniline.................     62-53-3             0.81                 14 
                                            production.                                                                                                 
                                                                               Benzene.................     71-43-2             0.14                 10 
                                                                               Cyclohexanone...........    108-94-1             0.36                 NA 
                                                                               Diphenylamine (difficult    122-39-4             0.92                 13 
                                                                                to distinguish from                                                     
                                                                                diphenylnitrosamine).                                                   
                                                                               Diphenylnitrosamine          86-30-6             0.92                 13 
                                                                                (difficult to                                                           
                                                                                distinguish from                                                        
                                                                                diphenylamine).                                                         
                                                                               Nitrobenzene............     98-95-3            0.068                 14 
                                                                               Phenol..................    108-95-2            0.039                6.2 
                                                                               Nickel..................   7440-02-0             3.98         5.0 mg/l TCLP
K084.....................................  Wastewater treatment sludges        Arsenic.................   7440-38-2              1.4         5.0 mg/l TCLP
                                            generated during the production                                                                             
                                            of veterinary pharmaceuticals                                                                               
                                            from arsenic or organo-arsenic                                                                              
                                            compounds.                                                                                                  
K085.....................................  Distillation or fractionation       Benzene.................     71-43-2             0.14                 10 
                                            column bottoms from the                                                                                     
                                            production of chlorobenzenes.                                                                               
                                                                               Chlorobenzene...........    108-90-7            0.057                6.0 
                                                                               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 
                                                                               Hexachlorobenzene.......    118-74-1            0.055                 10 
                                                                               Total PCBs (sum of all     1336-36-3             0.10                 10 
                                                                                PCB isomers, or all                                                     
                                                                                Aroclors).                                                              
                                                                               Pentachlorobenzene......    608-93-5            0.055                 10 
                                                                               1,2,4,5-                     95-94-3            0.055                 14 
                                                                                Tetrachlorobenzene.                                                     
                                                                               1,2,4-Trichlorobenzene..    120-82-1            0.055                 19 
K086.....................................  Solvent wastes and sludges,         Acetone.................     67-64-1             0.28                160 
                                            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.                                                                                                   
                                                                               Acetophenone............     96-86-2            0.010                9.7 
                                                                               bis(2-Ethylhexyl            117-81-7             0.28                 28 
                                                                                phthalate.                                                              

[[Page 758]]

                                                                                                                                                        
                                                                               n-Butyl alcohol.........     71-36-3              5.6                2.6 
                                                                               Butylbenzyl phthalate...     85-68-7            0.017                 28 
                                                                               Cyclohexanone...........    108-94-1             0.36                 NA 
                                                                               o-Dichlorobenzene.......     95-50-1            0.088                6.0 
                                                                               Diethyl phthalate.......     84-66-2             0.20                 28 
                                                                               Dimethyl phthalate......    131-11-3            0.047                 28 
                                                                               Di-n-butyl phthalate....     84-74-2            0.057                 28 
                                                                               Di-n-octyl phthalate....    117-84-0            0.017                 28 
                                                                               Ethyl acetate...........    141-78-6             0.34                 33 
                                                                               Ethylbenzene............    100-41-4            0.057                 10 
                                                                               Menthanol...............     67-56-1              5.6                 NA 
                                                                               Methyl ethyl ketone.....     78-93-3             0.28                 36 
                                                                               Methyl isobutyl ketone..    108-10-1             0.14                 33 
                                                                               Methylene chloride......     75-09-2            0.089                 30 
                                                                               Naphthalene.............     91-20-3            0.059                5.6 
                                                                               Nitrobenzene............     98-95-3            0.068                 14 
                                                                               Toluene.................    108-88-3            0.080                 10 
                                                                               1,1,1-Trichloroethane...     71-55-6            0.054                6.0 
                                                                               Trichloroethylene.......     79-01-6            0.054                6.0 
                                                                               Xylenes-mixed isomers      1330-20-7             0.32                 30 
                                                                                (sum of o-,m-, and p-                                                   
                                                                                xylene concentrations).                                                 
                                                                               Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP
                                                                               Cyanides (Total) \7\....     57-12-5              1.2                590 
                                                                               Lead....................   7439-92-1             0.69        0.37 mg/l TCLP
K087.....................................  Decanter tank tar sludge from       Acenaphthylene..........    208-96-8            0.059                3.4 
                                            coking operations.                                                                                          
                                                                               Benzene.................     71-43-2             0.14                 10 
                                                                               Chrysene................    218-01-9            0.059                3.4 
                                                                               Fluoranthene............    206-44-0            0.068                3.4 
                                                                               Indeno(1,2,3-cd)pyrene..    193-39-5           0.0055                3.4 
                                                                               Naphthalene.............     91-20-3            0.059                5.6 
                                                                               Phenanthrene............     85-01-8            0.059                5.6 
                                                                               Toluene.................    108-88-3            0.080                 10 
                                                                               Xylenes-mixed isomers      1330-20-7             0.32                 30 
                                                                                (sum of o-, m-, and p-                                                  
                                                                                xylene concentrations).                                                 
                                                                               Lead....................   7439-92-1             0.69        0.37 mg/l TCLP
K088.....................................  Spent potliners from primary        Acenaphthene............     83-32-9            0.059                3.4 
                                            aluminum reduction.                                                                                         
                                                                               Anthracene..............    120-12-7            0.059                3.4 
                                                                               Benz(a)anthracene.......     56-55-3            0.059                3.4 
                                                                               Benzo(a)pyrene..........     50-32-8            0.061                3.4 
                                                                               Benzo(b)fluoranthene....    205-99-2             0.11                6.8 

[[Page 759]]

                                                                                                                                                        
                                                                               Benzo(k)fluoranthene....    207-08-9             0.11                6.8 
                                                                               Benzo(g,h,i)perylene....    191-24-2           0.0055                1.8 
                                                                               Chrysene................    218-01-9            0.059                3.4 
                                                                               Dibenz(a,h)anthracene...     53-70-3            0.055                8.2 
                                                                               Fluoranthene............    206-44-0            0.068                3.4 
                                                                               Indeno(1,2,3-c,d)pyrene.    193-39-5           0.0055                3.4 
                                                                               Phenanthrene............     85-01-8            0.059                5.6 
                                                                               Pyrene..................    129-00-0            0.067                8.2 
                                                                               Antimony................   7440-36-0              1.9         2.1 mg/l TCLP
                                                                               Arsenic.................   7440-38-2              1.4         5.0 mg/l TCLP
                                                                               Barium..................   7440-39-3              1.2         7.6 mg/l TCLP
                                                                               Beryllium...............   7440-41-7             0.82       0.014 mg/l TCLP
                                                                               Cadmium.................   7440-43-9             0.69        0.19 mg/l TCLP
                                                                               Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP
                                                                               Lead....................   7439-92-1             0.69        0.37 mg/l TCLP
                                                                               Mercury.................   7439-97-6             0.15       0.025 mg/l TCLP
                                                                               Nickel..................   7440-02-0             3.98         5.0 mg/l TCLP
                                                                               Selenium................   7782-49-2             0.82        0.16 mg/l TCLP
                                                                               Silver..................   7440-22-4             0.43        0.30 mg/l TCLP
                                                                               Cyanide (Total).........     57-12-5              1.2                590 
                                                                               Cyanide (Amenable)......     57-12-5             0.86                 30 
                                                                               Fluoride................  16984-48-8               35          48 mg/l TCLP
K093.....................................  Distillation light ends from the    Phthalic anhydride          100-21-0            0.055                 28 
                                            production of phthalic anhydride    (measured as Phthalic                                                   
                                            from ortho-xylene.                  acid or Terephthalic                                                    
                                                                                acid).                                                                  
                                                                               Phthalic anhydride           85-44-9            0.055                 28 
                                                                                (measured as Phthalic                                                   
                                                                                acid or Terephthalic                                                    
                                                                                acid).                                                                  
K094.....................................  Distillation bottoms from the       Phthalic anhydride          100-21-0            0.055                 28 
                                            production of phthalic anhydride    (measured as Phthalic                                                   
                                            from ortho-xylene.                  acid or Terephthalic                                                    
                                                                                acid).                                                                  
                                                                               Phthalic anhydride           85-44-9            0.055                 28 
                                                                                (measured as Phthalic                                                   
                                                                                acid or Terephthalic                                                    
                                                                                acid).                                                                  
K095.....................................  Distillation bottoms from the       Hexachloroethane........     67-72-1            0.055                 30 
                                            production of 1,1,1-                                                                                        
                                            trichloroethane.                                                                                            
                                                                               Pentachloroethane.......     76-01-7            0.055                6.0 
                                                                               1,1,1,2-                    630-20-6            0.057                6.0 
                                                                                Tetrachloroethane.                                                      
                                                                               1,1,2,2-                     79-34-6            0.057                6.0 
                                                                                Tetrachloroethane.                                                      
                                                                               Tetrachloroethylene.....    127-18-4            0.056                6.0 
                                                                               1,1,2-Trichloroethane...     79-00-5            0.054                6.0 
                                                                               Trichloroethylene.......     79-01-6            0.054                6.0 
K096.....................................  Heavy ends from the heavy ends      m-Dichlorobenzene.......    541-73-1            0.036                6.0 
                                            column from the production of                                                                               
                                            1,1,1-trichloroethane.                                                                                      
                                                                               Pentachloroethane.......     76-01-7            0.055                6.0 
                                                                               1,1,1,2-                    630-20-6            0.057                6.0 
                                                                                Tetrachloroethane.                                                      
                                                                               1,1,2,2-                     79-34-6            0.057                6.0 
                                                                                Tetrachloroethane.                                                      
                                                                               Tetrachloroethylene.....    127-18-4            0.056                6.0 
                                                                               1,2,4-Trichlorobenzene..    120-82-1            0.055                 19 
                                                                               1,1,2-Trichloroethane...     79-00-5            0.054                6.0 
                                                                               Trichloroethylene.......     79-01-6            0.054                6.0 
K097.....................................  Vacuum stripper discharge from the  Chlordane (alpha and         57-74-9           0.0033               0.26 
                                            chlordane chlorinator in the        gamma isomers).                                                         
                                            production of chlordane.                                                                                    

[[Page 760]]

                                                                                                                                                        
                                                                               Heptachlor..............     76-44-8           0.0012              0.066 
                                                                               Heptachlor epoxide......   1024-57-3            0.016              0.066 
                                                                               Hexachlorocyclopentadien     77-47-4            0.057                2.4 
                                                                                e.                                                                      
K098.....................................  Untreated process wastewater from   Toxaphene...............   8001-35-2           0.0095                2.6 
                                            the production of toxaphene.                                                                                
K099.....................................  Untreated wastewater from the       2,4-                         94-75-7             0.72                 10 
                                            production of 2,4-D.                Dichlorophenoxyacetic                                                   
                                                                                acid.                                                                   
                                                                               HxCDDs (All                       NA         0.000063              0.001 
                                                                                Hexachlorodibenzo-p-                                                    
                                                                                dioxins).                                                               
                                                                               HxCDFs (All                       NA         0.000063              0.001 
                                                                                Hexachlorodibenzofurans                                                 
                                                                                ).                                                                      
                                                                               PeCDDs (All                       NA         0.000063              0.001 
                                                                                Pentachlorodibenzo-p-                                                   
                                                                                dioxins).                                                               
                                                                               PeCDFs (All                       NA         0.000035              0.001 
                                                                                Pentachlorodibenzofuran                                                 
                                                                                s).                                                                     
                                                                               TCDDs (All                        NA         0.000063              0.001 
                                                                                Tetrachlorodibenzo-p-                                                   
                                                                                dioxins).                                                               
                                                                               TCDFs (All                        NA         0.000063              0.001 
                                                                                Tetrachlorodibenzofuran                                                 
                                                                                s).                                                                     
K100.....................................  Waste leaching solution from acid   Cadmium.................   7440-43-9             0.69        0.19 mg/l TCLP
                                            leaching of emission control dust/                                                                          
                                            sludge from secondary lead                                                                                  
                                            smelting.                                                                                                   
                                                                               Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP
                                                                               Lead....................   7439-92-1             0.69        0.37 mg/l TCLP
K101.....................................  Distillation tar residues from the  o-Nitroaniline..........     88-74-4             0.27                 14 
                                            distillation of aniline-based                                                                               
                                            compounds in the production of                                                                              
                                            veterinary pharmaceuticals from                                                                             
                                            arsenic or organo-arsenic                                                                                   
                                            compounds.                                                                                                  
                                                                               Arsenic.................   7440-38-2              1.4         5.0 mg/l TCLP
                                                                               Cadmium.................   7440-43-9             0.69                 NA 
                                                                               Lead....................   7439-92-1             0.69                 NA 
                                                                               Mercury.................   7439-97-6             0.15                 NA 
K102.....................................  Residue from the use of activated   o-Nitrophenol...........     88-75-5            0.028                 13 
                                            carbon for decolorization in the                                                                            
                                            production of veterinary                                                                                    
                                            pharmaceuticals from arsenic or                                                                             
                                            organo-arsenic compounds.                                                                                   
                                                                               Arsenic.................   7440-38-2              1.4         5.0 mg/l TCLP
                                                                               Cadmium.................   7440-43-9             0.69                 NA 
                                                                               Lead....................   7439-92-1             0.69                 NA 
                                                                               Mercury.................   7439-97-6             0.15                 NA 
K103.....................................  Process residues from aniline       Aniline.................     62-53-3             0.81                 14 
                                            extraction from the production of                                                                           
                                            aniline.                                                                                                    
                                                                               Benzene.................     71-43-2             0.14                 10 
                                                                               2,4-Dinitrophenol.......     51-28-5             0.12                160 

[[Page 761]]

                                                                                                                                                        
                                                                               Nitrobenzene............     98-95-3            0.068                 14 
                                                                               Phenol..................    108-95-2            0.039                6.2 
K104.....................................  Combined wastewater streams         Aniline.................     62-53-3             0.81                 14 
                                            generated from nitrobenzene/                                                                                
                                            aniline production.                                                                                         
                                                                               Benzene.................     71-43-2             0.14                 10 
                                                                               2,4-Dinitrophenol.......     51-28-5             0.12                160 
                                                                               Nitrobenzene............     98-95-3            0.068                 14 
                                                                               Phenol..................    108-95-2            0.039                6.2 
                                                                               Cyanides (Total) \7\....     57-12-5              1.2                590 
K105.....................................  Separated aqueous stream from the   Benzene.................     71-43-2             0.14                 10 
                                            reactor product washing step in                                                                             
                                            the production of chlorobenzenes.                                                                           
                                                                               Chlorobenzene...........    108-90-7            0.057                6.0 
                                                                               2-Chlorophenol..........     95-57-8            0.044                5.7 
                                                                               o-Dichlorobenzene.......     95-50-1            0.088                6.0 
                                                                               p-Dichlorobenzene.......    106-46-7            0.090                6.0 
                                                                               Phenol..................    108-95-2            0.039                6.2 
                                                                               2,4,5-Trichlorophenol...     95-95-4             0.18                7.4 
                                                                               2,4,6-Trichlorophenol...     88-06-2            0.035                7.4 
K106.....................................  K106 (wastewater treatment sludge   Mercury.................   7439-97-6               NA               RMERC
                                            from the mercury cell process in                                                                            
                                            chlorine production)                                                                                        
                                            nonwastewaters that contain                                                                                 
                                            greater than or equal to 260 mg/                                                                            
                                            kg total mercury.                                                                                           
                                           K106 (wastewater treatment sludge   Mercury.................   7439-97-6               NA        0.20 mg/l TCLP
                                            from the mercury cell process in                                                                            
                                            chlorine production)                                                                                        
                                            nonwastewaters that contain less                                                                            
                                            than 260 mg/kg total mercury that                                                                           
                                            are residues from RMERC.                                                                                    
                                           Other K106 nonwastewaters that      Mercury.................   7439-97-6               NA       0.025 mg/l TCLP
                                            contain less than 260 mg/kg total                                                                           
                                            mercury and are not residues from                                                                           
                                            RMERC.                                                                                                      
                                           All K106 wastewaters..............  Mercury.................   7439-97-6             0.15                 NA 
K107.....................................  Column bottoms from product         NA......................          NA                 CMBST; or CHOXD    CMBST
                                            separation from the production of                                                     fb                    
                                            1,1-dimethylhydrazine (UDMH) from                                                       CARBN; or BIODG     
                                            carboxylic acid hydrazides.                                                          fb CARBN               
K108.....................................  Condensed column overheads from     NA......................          NA                 CMBST; or CHOXD    CMBST.
                                            product separation and condensed                                                     fb CARBN; or           
                                            reactor vent gases from the                                                    BIODG fb CARBN               
                                            production of 1,1-                                                                                          
                                            dimethylhydrazide (UDMH) from                                                                               
                                            carboxylic acid hydrazides.                                                                                 
K109.....................................  Spent filter cartridges from        NA......................          NA                 CMBST; or CHOXD    CMBST
                                            product purification from the                                                         fb                    
                                            production of 1,1-                                                                      CARBN; or BIODG     
                                            dimethyhydrazine (UDMH) from                                                         fb CARBN               
                                            carboxylic acid hydrazides.                                                                                 
K110.....................................  Condensed column overheads from     NA......................          NA                 CMBST; or CHOXD    CMBST
                                            intermediate separation from the                                                      fb                    
                                            production of 1,1-                                                                      CARBN; or BIODG     
                                            dimethylhydrazine (UDMH) from                                                        fb CARBN               
                                            carboxylic acid hydrazides.                                                                                 
K111.....................................  Product washwaters from the         2,4-Dinitrotoluene......     121-1-2             0.32                140 
                                            production of dinitrotoluene via                                                                            
                                            nitration of toluene.                                                                                       

[[Page 762]]

                                                                                                                                                        
                                                                               2,6-Dinitrotoluene......    606-20-2             0.55                 28 
K112.....................................  Reaction by-product water from the  NA......................          NA                 CMBST; or CHOXD    CMBST
                                            drying column in the production                                                       fb                    
                                            of toluenediamine via                                                                   CARBN; or BIODG     
                                            hydrogenation of dinitrotoluene.                                                     fb CARBN               
K113.....................................  Condensed liquid light ends from    NA......................          NA                 CARBN; or CMBST    CMBST
                                            the purification of                                                                                         
                                            toluenediamine in the production                                                                            
                                            of toluenediamine via                                                                                       
                                            hydrogenation of dinitrotoluene.                                                                            
K114.....................................  Vicinals from the purification of   NA......................          NA                 CARBN; or CMBST    CMBST
                                            toluenediamine in the production                                                                            
                                            of toluenediamine via                                                                                       
                                            hydrogenation of dinitrotoluene.                                                                            
K115.....................................  Heavy ends from the purification    Nickel..................   7440-02-0             3.98         5.0 mg/l TCLP
                                            of toluenediamine in the                                                                                    
                                            production of toluenediamine via                                                                            
                                            hydrogenation of dinitrotoluene.                                                                            
                                                                               NA......................          NA                 CARBN; or CMBST    CMBST
K116.....................................  Organic condensate from the         NA......................          NA                 CARBN; or CMBST    CMBST
                                            solvent recovery column in the                                                                              
                                            production of toluene                                                                                       
                                            diisocyanate via phosgenation of                                                                            
                                            toluenediamine.                                                                                             
K117.....................................  Wastewater from the reactor vent    Methyl bromide               74-83-9             0.11                 15 
                                            gas scrubber in the production of   (Bromomethane).                                                         
                                            ethylene dibromide via                                                                                      
                                            bromination of ethene.                                                                                      
                                                                               Chloroform..............     67-66-3            0.046                6.0 
                                                                               Ethylene dibromide (1,2-    106-93-4            0.028                 15 
                                                                                Dibromoethane).                                                         
K118.....................................  Spent absorbent solids from         Methyl bromide               74-83-9             0.11                 15 
                                            purification of ethylene            (Bromomethane).                                                         
                                            dibromide in the production of                                                                              
                                            ethylene dibromide via                                                                                      
                                            bromination of ethene.                                                                                      
                                                                               Chloroform..............     67-66-3            0.046                6.0 
                                                                               Ethylene dibromide (1,2-    106-93-4            0.028                 15 
                                                                                Dibromoethane).                                                         
K123.....................................  Process wastewater (including       NA......................          NA                 CMBST; or CHOXD    CMBST
                                            supernates, filtrates, and                                                  fb (BIODG or                    
                                            washwaters) from the production                                                         CARBN)              
                                            of ethylenebisdithiocarbamic acid                                                                           
                                            and its salts.                                                                                              
K124.....................................  Reactor vent scrubber water from    NA......................          NA                 CMBST; or CHOXD    CMBST
                                            the production of                                                           fb (BIODG or                    
                                            ethylenebisdithiocarbamic acid                                                          CARBN)              
                                            and its salts.                                                                                              

[[Page 763]]

                                                                                                                                                        
K125.....................................  Filtration, evaporation, and        NA......................          NA                 CMBST; or CHOXD    CMBST
                                            centrifugation solids from the                                              fb (BIODG or                    
                                            production of                                                                           CARBN)              
                                            ethylenebisdithiocarbamic acid                                                                              
                                            and its salts.                                                                                              
K126.....................................  Baghouse dust and floor sweepings   NA......................          NA                 CMBST; or CHOXD    CMBST
                                            in milling and packaging                                                    fb (BIODG or                    
                                            operations from the production or                                                       CARBN)              
                                            formulation of                                                                                              
                                            ethylenebisdithiocarbamic acid                                                                              
                                            and its salts.                                                                                              
K131.....................................  Wastewater from the reactor and     Methyl bromide               74-83-9             0.11                 15 
                                            spent sulfuric acid from the acid   (Bromomethane).                                                         
                                            dryer from the production of                                                                                
                                            methyl bromide.                                                                                             
K132.....................................  Spent absorbent and wastewater      Methyl bromide               74-83-9             0.11                 15 
                                            separator solids from the           (Bromomethane).                                                         
                                            production of methyl bromide.                                                                               
K136.....................................  Still bottoms from the              Methyl bromide               74-83-9             0.11                 15 
                                            purification of ethylene            (Bromomethane).                                                         
                                            dibromide in the production of                                                                              
                                            ethylene dibromide via                                                                                      
                                            bromination of ethene.                                                                                      
                                                                               Chloroform..............     67-66-3            0.046                6.0 
                                                                               Ethylene dibromide (1,2-    106-93-4            0.028                 15 
                                                                                Dibromoethane).                                                         
K141.....................................  Process residues from the recovery  Benzene.................     71-43-2             0.14                 10 
                                            of coal tar, including, but not                                                                             
                                            limited to, collecting sump                                                                                 
                                            residues from the production of                                                                             
                                            coke or the recovery of coke by-                                                                            
                                            products produced from coal. This                                                                           
                                            listing does not include K087                                                                               
                                            (decanter tank tar sludge from                                                                              
                                            coking operations).                                                                                         
                                                                               Benz(a)anthracene.......     56-55-3            0.059                3.4 
                                                                               Benzo(a)pyrene..........      50-2-8            0.061                3.4 
                                                                               Benzo(b)fluoranthene        205-99-2             0.11                6.8 
                                                                                (difficult to                                                           
                                                                                distinguish from                                                        
                                                                                benzo(k)fluoranthene).                                                  
                                                                               Benzo(k)fluoranthene        207-08-9             0.11                6.8 
                                                                                (difficult to                                                           
                                                                                distinguish from                                                        
                                                                                benzo(b)fluoranthene).                                                  
                                                                               Chrysene................    218-01-9            0.059                3.4 
                                                                               Dibenz(a,h)anthracene...     53-70-3            0.055                8.2 
                                                                               Indeno(1,2,3-cd)pyrene..    193-39-5           0.0055                3.4 
K142.....................................  Tar storage tank residues from the  Benzene.................     71-43-2             0.14                 10 
                                            production of coke from coal or                                                                             
                                            from the recovery of coke by-                                                                               
                                            products produced from coal.                                                                                
                                                                               Benz(a)anthracene.......     56-55-3            0.059                3.4 
                                                                               Benzo(a)pyrene..........     50-32-8            0.061                3.4 
                                                                               Benzo(b)fluoranthene        205-99-2             0.11                6.8 
                                                                                (difficult to                                                           
                                                                                distinguish from                                                        
                                                                                benzo(k)fluoranthene).                                                  
                                                                               Benzo(k)fluoranthene        207-08-9             0.11                6.8 
                                                                                (difficult to                                                           
                                                                                distinguish from                                                        
                                                                                benzo(b)fluoranthene).                                                  
                                                                               Chrysene................    218-01-9            0.059                3.4 
                                                                               Dibenz(a,h)anthracene...     53-70-3            0.055                8.2 
                                                                               Indeno(1,2,3-cd)pyrene..    193-39-5           0.0055                3.4 
K143.....................................  Process residues from the recovery  Benzene.................     71-43-2             0.14                 10 
                                            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.                                                                                                       
                                                                               Benz(a)anthracene.......     56-55-3            0.059                3.4 
                                                                               Benzo(a)pyrene..........     50-32-8            0.061                3.4 

[[Page 764]]

                                                                                                                                                        
                                                                               Benzo(b)fluoranthene        205-99-2             0.11                6.8 
                                                                                (difficult to                                                           
                                                                                distinguish from                                                        
                                                                                benzo(k) fluoranthene).                                                 
                                                                               Benzo(k)fluoranthene        207-08-9             0.11                6.8 
                                                                                (difficult to                                                           
                                                                                distinguish from                                                        
                                                                                benzo(b)fluoranthene).                                                  
                                                                               Chrysene................    218-01-9            0.059                3.4 
                                                                               Benzene.................     71-43-2             0.14                 10 
K144.....................................  Wastewater sump residues from       Benz(a)anthracene.......     56-55-3            0.059                3.4 
                                            light oil refining, including,                                                                              
                                            but not limited to, intercepting                                                                            
                                            or contamination sump sludges                                                                               
                                            from the recovery of coke by-                                                                               
                                            products produced from coal.                                                                                
                                                                               Benzo(a)pyrene..........     50-32-8            0.061                3.4 
                                                                               Benzo(b)fluoranthene        205-99-2             0.11                6.8 
                                                                                (difficult to                                                           
                                                                                distinguish from                                                        
                                                                                benzo(k)fluoranthene).                                                  
                                                                               Benzo(k)fluoranthene        207-08-9             0.11                6.8 
                                                                                (difficult to                                                           
                                                                                distinguish from                                                        
                                                                                benzo(b)fluoranthene).                                                  
                                                                               Chrysene................    218-01-9            0.059                3.4 
                                                                               Dibenz(a,h)anthracene...     53-70-3            0.055                8.2 
K145.....................................  Residues from naphthalene           Benzene.................     71-43-2             0.14                 10 
                                            collection and recovery                                                                                     
                                            operations from the recovery of                                                                             
                                            coke by-products produced from                                                                              
                                            coal.                                                                                                       
                                                                               Benz(a)anthracene.......     56-55-3            0.059                3.4 
                                                                               Benzo(a)pyrene..........     50-32-8            0.061                3.4 
                                                                               Chrysene................    218-01-9            0.059                3.4 
                                                                               Dibenz(a,h)anthracene...     53-70-3            0.055                8.2 
                                                                               Naphthalene.............     91-20-3            0.059                5.6 
K147.....................................  Tar storage tank residues from      Benzene.................     71-43-2             0.14                 10 
                                            coal tar refining.                                                                                          
                                                                               Benz(a)anthracene.......     56-55-3            0.059                3.4 
                                                                               Benzo(a)pyrene..........     50-32-8            0.061                3.4 
                                                                               Benzo(b)fluoranthene        205-99-2             0.11                6.8 
                                                                                (difficult to                                                           
                                                                                distinguish from                                                        
                                                                                benzo(k)fluoranthene).                                                  
                                                                               Benzo(k)fluoranthene        207-08-9             0.11                6.8 
                                                                                (difficult to                                                           
                                                                                distinguish from                                                        
                                                                                benzo(b)fluoranthene).                                                  
                                                                               Chrysene................    218-01-9            0.059                3.4 
                                                                               Dibenz(a,h)anthracene...     53-70-3            0.055                8.2 
                                                                               Indeno(1,2,3-cd)pyrene..    193-39-5           0.0055                3.4 
K148.....................................  Residues from coal tar              Benz(a)anthracene.......     56-55-3            0.059                3.4 
                                            distillation, including, but not                                                                            
                                            limited to, still bottoms.                                                                                  
                                                                               Benzo(a)pyrene..........     50-32-8            0.061                3.4 

[[Page 765]]

                                                                                                                                                        
                                                                               Benzo(b)fluoranthene        205-99-2             0.11                6.8 
                                                                                (difficult to                                                           
                                                                                distinguish from                                                        
                                                                                benzo(k)fluoranthene).                                                  
                                                                               Benzo(k)fluoranthene        207-08-9             0.11                6.8 
                                                                                (difficult to                                                           
                                                                                distinguish from                                                        
                                                                                benzo(b)fluoranthene).                                                  
                                                                               Chrysene................    218-01-9            0.059                3.4 
                                                                               Dibenz(a,h)anthracene...     53-70-3            0.055                8.2 
                                                                               Indeno(1,2,3-cd)pyrene..    193-39-5           0.0055                3.4 
K149.....................................  Distillation bottoms from the       Chlorobenzene...........    108-90-7            0.057                6.0 
                                            production of alpha- (or methyl-)  Chloroform..............     67-66-3            0.046                6.0 
                                            chlorinated toluenes, ring-        Chloromethane...........     74-87-3             0.19                 30 
                                            chlorinated toluenes, benzoyl      p-Dichlorobenzene.......    106-46-7            0.090                6.0 
                                            chlorides, and compounds with      Hexachlorobenzene.......    118-74-1            0.055                 10 
                                            mixtures of these functional       Pentachlorobenzene......    608-93-5            0.055                 10 
                                            groups. (This waste does not       1,2,4,5-                     95-94-3            0.055                 14 
                                            include still bottoms from the      Tetrachlorobenzene.        108-88-3            0.080                 10 
                                            distillations of benzyl            Toluene.................                                                 
                                            chloride.).                                                                                                 
K150.....................................  Organic residuals, excluding spent  Carbon tetrachloride....     56-23-5            0.057                6.0 
                                            carbon adsorbent, from the spent   Chloroform..............     67-66-3            0.046                6.0 
                                            chlorine gas and hydrochloric      Chloromethane...........     74-87-3             0.19                 30 
                                            acid recovery processes            p-Dichlorobenzene.......    106-46-7            0.090                6.0 
                                            associated with the production of  Hexachlorobenzene.......    118-74-1            0.055                 10 
                                            alpha- (or methyl-) chlorinated    Pentachlorobenzene......    608-93-5            0.055                 10 
                                            toluenes, ring-chlorinated         1,2,4,5-                     95-94-3            0.055                 14 
                                            toluenes, benzoyl chlorides, and    Tetrachlorobenzene.         79-34-5            0.057                6.0 
                                            compounds with mixtures of these   1,1,2,2-                    127-18-4            0.056                6.0 
                                            functional groups.                  Tetrachloroethane.         120-82-1            0.055                 19 
                                                                               Tetrachloroethylene.....                                                 
                                                                               1,2,4-Trichlorobenzene..                                                 
K151.....................................  Wastewater treatment sludges,       Benzene.................     71-43-2             0.14                 10 
                                            excluding neutralization and       Carbon tetrachloride....     56-23-5            0.057                6.0 
                                            biological sludges, generated      Chloroform..............     67-66-3            0.046                6.0 
                                            during the treatment of            Hexachlorobenzene.......    118-74-1            0.055                 10 
                                            wastewaters from the production    Pentachlorobenzene......    608-93-5            0.055                 10 
                                            of alpha- (or methyl-)             1,2,4,5-                     95-94-3            0.055                 14 
                                            chlorinated toluenes, ring-         Tetrachlorobenzene.        127-18-4            0.056                6.0 
                                            chlorinated toluenes, benzoyl      Tetrachloroethylene.....    108-88-3            0.080                 10 
                                            chlorides, and compounds with      Toluene.................                                                 
                                            mixtures of these functional                                                                                
                                            groups.                                                                                                     
K156.....................................  Organic waste (including heavy      Acetonitrile............     75-05-8              5.6               1.8. 
                                            ends, still bottoms, light ends,                                                                            
                                            spent solvents, filtrates, and                                                                              
                                            decantates) from the production                                                                             
                                            of carbamates and carbamoyl                                                                                 
                                            oximes.                                                                                                     
                                                                               Acetophenone............     96-86-2            0.010               9.7. 
                                                                               Aniline.................     62-53-3             0.81                14. 
                                                                               Benomyl.................  17804-35-2            0.056               1.4. 
                                                                               Benzene.................     71-43-2             0.14                10. 
                                                                               Carbaryl................     63-25-2            0.006              0.14. 
                                                                               Carbenzadim.............  10605-21-7            0.056               1.4. 
                                                                               Carbofuran..............   1563-66-2            0.006              0.14. 
                                                                               Carbosulfan.............  55285-14-8            0.028               1.4. 
                                                                               Chlorobenzene...........    108-90-7            0.057               6.0. 
                                                                               Chloroform..............     67-66-3            0.046               6.0. 
                                                                               o-Dichlorobenzene.......     95-50-1            0.088               6.0. 

[[Page 766]]

                                                                                                                                                        
                                                                               Methomyl................  16752-77-5            0.028              0.14. 
                                                                               Methylene chloride......     75-09-2            0.089                30. 
                                                                               Methyl ethyl ketone.....     78-93-3             0.28                36. 
                                                                               Naphthalene.............     91-20-3            0.059               5.6. 
                                                                               Phenol..................    108-95-2            0.039               6.2. 
                                                                               Pyridine................    110-86-1            0.014                16. 
                                                                               Toluene.................    108-88-3            0.080                10. 
                                                                               Triethylamine...........    121-44-8            0.081               1.5. 
                                                                               Xylenes (total).........   1330-20-7             0.32                 30 
                                                                                                                                                        
K157.....................................  Wastewaters (including scrubber     Carbon tetrachloride....     56-23-5            0.057               6.0. 
                                            waters, condenser waters,                                                                                   
                                            washwaters, and separation                                                                                  
                                            waters) from the production of                                                                              
                                            carbamates and carbamoyl oximes.                                                                            
                                                                               Chloroform..............     67-66-3            0.046               6.0. 
                                                                               Chloromethane...........     74-87-3             0.19                30. 
                                                                               Methomyl................  16752-77-5            0.028              0.14. 
                                                                               Methylene chloride......     75-09-2            0.089                30. 
                                                                               Methyl ethyl ketone.....     78-93-3             0.28                36. 
                                                                               o-Phenylenediamine......     95-54-5            0.056               5.6. 
                                                                               Pyridine................    110-86-1            0.014                16. 
                                                                               Triethylamine...........    121-44-8            0.081               1.5. 
                                                                                                                                                        
K158.....................................  Bag house dusts and filter/         Benomyl.................  17804-35-2            0.056               1.4. 
                                            separation solids from the                                                                                  
                                            production of carbamates and                                                                                
                                            carbamoyl oximes.                                                                                           
                                                                               Benzene.................     71-43-2             0.14                10. 
                                                                               Carbenzadim.............  10605-21-7            0.056               1.4. 
                                                                               Carbofuran..............   1563-66-2            0.006              0.14. 
                                                                               Carbosulfan.............  55285-14-8            0.028               1.4. 
                                                                               Chloroform..............     67-66-3            0.046               6.0. 
                                                                               Methylene chloride......     75-09-2            0.089                30. 
                                                                               Phenol..................    108-95-2            0.039               6.2. 
                                                                               Xylenes (total).........   1330-20-7             0.32                 30 
                                                                                                                                                        
K159.....................................  Organics from the treatment of      Benzene.................     71-43-2             0.14                10. 
                                            thiocarbamate wastes.                                                                                       
                                                                               Butylate................   2008-41-5            0.042               1.4. 
                                                                               EPTC (Eptam)............    759-94-4            0.042               1.4. 
                                                                               Molinate................   2212-67-1            0.042               1.4. 
                                                                               Pebulate................   1114-71-2            0.042               1.4. 

[[Page 767]]

                                                                                                                                                        
                                                                               Vernolate...............   1929-77-7            0.042               1.4. 
K160.....................................  Solids (including filter wastes,    Butylate................   2008-41-5            0.042               1.4. 
                                            separation solids, and spent                                                                                
                                            catalysts) from the production of                                                                           
                                            thiocarabamates and solids from                                                                             
                                            the treatment of thiocarbamate                                                                              
                                            wastes.                                                                                                     
                                                                               EPTC (Eptam)............    759-94-4            0.042               1.4. 
                                                                               Molinate................   2212-67-1            0.042               1.4. 
                                                                               Pebulate................   1114-71-2            0.042               1.4. 
                                                                               Toluene.................    108-88-3            0.080                10. 
                                                                               Vernolate...............   1929-77-7            0.042               1.4. 
K161.....................................  Purifcation solids (including       Antimony................   7440-36-0              1.9          2.1mg/l TCLP.
                                            filtration, evaporation, and                                                                                
                                            centrifugation solids), baghouse                                                                            
                                            dust and floor sweepings, from                                                                              
                                            the production of                                                                                           
                                            dithiocarbarmate acids and their                                                                            
                                            salts.                                                                                                      
                                                                               Arsenic.................   7440-38-2              1.4         5.0 mg/l TCLP.
                                                                               Carbon disulfide........     75-15-0              3.8         4.8 mg/l TCLP.
                                                                               Dithiocarbamates (total)          NA            0.028                28. 
                                                                               Lead....................   7439-92-1            0.069        0.37 mg/l TCLP.
                                                                               Nickel..................   7440-02-0             3.98         5.0 mg/l TCLP.
                                                                               Selenium................   7782-49-2             0.82        0.16 mg/l TCLP.
                                                                               Xylenes (total).........   1330-20-7             0.32                 30 
                                                                                                                                                        
P001.....................................  Warfarin, & salts, when present at  Warfarin................     81-81-2        (WETOX or                   CMBST
                                            concentrations greater than 0.3%.                                                       CHOXD) fb           
                                                                                                                                    CARBN; or CBMST     
P002.....................................  1-Acetyl-2-thiourea...............  1-Acetyl-2-thiourea.....    591-08-2        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CBMST     
P003.....................................  Acrolein..........................  Acrolein................    107-02-8             0.29                   CMBST
P004.....................................  Aldrin............................  Aldrin..................    309-00-2            0.021              0.066 
P005.....................................  Allyl alcohol.....................  Allyl alcohol...........    107-18-6        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN. or CBMST     
P006.....................................  Aluminum phosphide................  Aluminum phosphide......  20859-73-8                 CHOXD; CHRED;      CHOXD; CHRED; or
                                                                                                                                 or CMBST              CMBST
P007.....................................  5-Aminomethyl 3-isoxazolol........  5-Aminomethyl 3-           2763-96-4        (WETOX or                   CMBST
                                                                                isoxazolol.                                         CHOXD) fb           
                                                                                                                                    CARBN; or CBMST     
P008.....................................  4-Aminopyridine...................  4-Aminopyridine.........    504-24-5        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CBMST     
P009.....................................  Ammonium picrate..................  Ammonium picrate........    131-74-8                 CHOXD; CHRED;      CHOXD; CHRED; or
                                                                                                                                    CARBN; BIODG;      CMBST
                                                                                                                                 or CMBST               

[[Page 768]]

                                                                                                                                                        
P010.....................................  Arsenic acid......................  Arsenic.................   7440-38-2              1.4         5.0 mg/l TCLP
P011.....................................  Arsenic pentoxide.................  Arsenic.................   7440-38-2              1.4         5.0 mg/l TCLP
P012.....................................  Arsenic trioxide..................  Arsenic.................   7440-38-2              1.4         5.0 mg/l TCLP
P013.....................................  Barium cyanide....................  Barium..................   7440-39-3               NA         7.6 mg/l TCLP
                                                                               Cyanides (Total) \7\....     57-12-5              1.2                590 
                                                                               Cyanides (Amenable) \7\.     57-12-5             0.86                 30 
P014.....................................  Thiophenol (Benzene thiol)........  Thiophenol (Benzene         108-98-5        (WETOX or                   CMBST
                                                                                thiol).                                             CHOXD) fb           
                                                                                                                                    CARBN; or CBMST     
P015.....................................  Beryllium dust....................  Beryllium...............   7440-41-7   RMETL, or RTHRM   RMETL; or RTHRM 
P016.....................................  Dichloromethyl ether                Dichloromethyl ether....    542-88-1        (WETOX or                   CMBST
                                            (Bis(chloromethyl)ether).                                                               CHOXD) fb           
                                                                                                                                    CARBN; or CBMST     
P017.....................................  Bromoacetone......................  Bromoacetone............    598-31-2        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CBMST     
P018.....................................  Brucine...........................  Brucine.................    357-57-3        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CBMST     
P020.....................................  2-sec-Butyl-4,6-dinitrophenol       2-sec-Butyl-4,6-             88-85-7            0.066                2.5 
                                            (Dinoseb).                          dinitrophenol (Dinoseb).                                                
P021.....................................  Calcium cyanide...................  Cyanides (Total) \7\....     57-12-5              1.2                590 
                                                                               Cyanides (Amenable) \7\.     57-12-5             0.86                 30 
P022.....................................  Carbon disulfide..................  Carbon disulfide........     75-15-0              3.8                   CMBST
                                                                               Carbon disulfide;            75-15-0               NA         4.8 mg/l TCLP
                                                                                alternate \6\ standard                                                  
                                                                                for nonwastewaters only.                                                
P023.....................................  Chloroacetaldehyde................  Chloroacetaldehyde......    107-20-0        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CBMST     
P024.....................................  p-Chloroaniline...................  p-Chloroaniline.........    106-47-8             0.46                 16 

[[Page 769]]

                                                                                                                                                        
P026.....................................  1-(o-Chlorophenyl)thiourea........  1-(o-                      5344-82-1        (WETOX or                   CMBST
                                                                                Cholorphenyl)thiourea.                              CHOXD) fb           
                                                                                                                                    CARBN; or CBMST     
P027.....................................  3-Chloropropionitrile.............  3-Chloropropionitrile...    542-76-7        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CBMST     
P028.....................................  Benzyl chloride...................  Benzyl chloride.........    100-44-7        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CBMST     
P029.....................................  Copper cyanide....................  Cyanides (Total) \7\....     57-12-5              1.2                590 
                                                                               Cyanides (Amenable) \7\.     57-12-5             0.86                 30 
P030.....................................  Cyanides (soluble salts and         Cyanides (Total) \7\....     57-12-5              1.2                590 
                                            complexes).                                                                                                 
                                                                               Cyanides (Amenable) \7\.     57-12-5             0.86                 30 
P031.....................................  Cyanogen..........................  Cyanogen................    460-19-5                 CHOXD; WETOX;      CHOXD; WETOX; or
                                                                                                                                 or CMBST              CMBST
P033.....................................  Cyanogen chloride.................  Cyanogen chloride.......    506-77-4                 CHOXD; WETOX;      CHOXD; WETOX; or
                                                                                                                                 or CMBST              CMBST
P034.....................................  2-Cyclohexly-4,6-dinitrophenol....  2-Cyclohexly-4,6-           131-89-5        (WETOX or                   CMBST
                                                                                dinitrophenol.                                      CHOXD) fb           
                                                                                                                                    CARBN; or CBMST     
P036.....................................  Dichlorophenylarsine..............  Arsenic.................   7440-38-2              1.4         5.0 mg/l TCLP
P037.....................................  Dieldrin..........................  Dieldrin................     60-57-1            0.017               0.13 
P038.....................................  Diethylarsine.....................  Arsenic.................   7440-38-2              1.4         5.0 mg/l TCLP
P039.....................................  Disulfoton........................  Disulfoton..............    298-04-4            0.017                6.2 
P040.....................................  0,0-Diethyl O-pyrazinyl             0,0-Diethyl O-pyrazinyl     297-97-2                 CARBN; or CMBST    CMBST
                                            phosphorothioate.                   phosphorothioate.                                                       
P041.....................................  Diethyl-p-nitrophenyl phosphate...  Diethyl-p-nitrophenyl       311-45-5                 CARBN; or CMBST    CMBST
                                                                                phosphate.                                                              
P042.....................................  Epinephrine.......................  Epinephrine.............     51-43-4        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
P043.....................................  Diisopropylfluorophosphate (DFP)..  Diisopropylfluorophospha     55-91-4                 CARBN; or CMBST    CMBST
                                                                                te (DFP).                                                               
P044.....................................  Dimethoate........................  Dimethoate..............     60-51-5                 CARBN; or CMBST    CMBST
P045.....................................  Thiofanox.........................  Thiofanox...............  39196-18-4        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
P046.....................................  alpha, alpha-                       alpha, alpha-               122-09-8        (WETOX or                   CMBST
                                            Dimethylphenethylamine.             Dimethylphenethylamine.                             CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     

[[Page 770]]

                                                                                                                                                        
P047.....................................  4,6-Dinitro-o-cresol..............  4,6-Dinitro-o-cresol....    543-52-1             0.28                160 
                                           4,6-Dinitro-o-cresol salts........  NA......................          NA        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
P048.....................................  2,4-Dinitrophenol.................  2,4-Dinitrophenol.......     51-28-5             0.12                160 
P049.....................................  Dithiobiuret......................  Dithiobiuret............    541-53-7        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
P050.....................................  Endosulfan........................  Endosulfan I............    939-98-8            0.023              0.066 
                                                                               Endosulfan II...........   33213-6-5            0.029               0.13 
                                                                               Endosulfan sulfate......   1031-07-8            0.029               0.13 
P051.....................................  Endrin............................  Endrin..................     72-20-8           0.0028               0.13 
                                                                               Endrin aldehyde.........   7421-93-4            0.025               0.13 
P054.....................................  Aziridine.........................  Aziridine...............    151-56-4        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
P056.....................................  Fluorine..........................  Fluorine (measured in     16964-48-8               35     ADGAS fb NEUTR 
                                                                                wastewaters only).                                                      
P057.....................................  Fluoroacetamide...................  Fluoroacetamide.........    640-19-7        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
P058.....................................  Fluoroacetic acid, sodium salt....  Fluoroacetic acid,           62-74-8        (WETOX or                   CMBST
                                                                                sodium salt.                                        CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
P059.....................................  Heptachlor........................  Heptachlor..............     76-44-8           0.0012              0.066 
                                                                               Heptachlor epoxide......   1024-57-3            0.016              0.066 
P060.....................................  Isodrin...........................  Isodrin.................    465-73-6            0.021              0.066 
P062.....................................  Hexaethyl tetraphosphate..........  Hexaethyl tetraphosphate    757-58-4                 CARBN; or CMBST    CMBST
P063.....................................  Hydrogen cyanide..................  Cyanides (Total) \7\....     57-12-5              1.2                590 
                                                                               Cyanides (Amenable) \7\.     57-12-5             0.86                 30 

[[Page 771]]

                                                                                                                                                        
P064.....................................  Isocyanic acid, ethyl ester.......  Isocyanic acid, ethyl       624-83-9        (WETOX or                   CMBST
                                                                                ester.                                              CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
P065.....................................  Mercury fulminate nonwastewaters,   Mercury.................   7439-97-6               NA               IMERC
                                            regardless of their total mercury                                                                           
                                            content, that are not incinerator                                                                           
                                            residues or are not residues from                                                                           
                                            RMERC.                                                                                                      
                                           Mercury fulminate nonwastewaters    Mercury.................   7339-97-6               NA               RMERC
                                            that are either incinerator                                                                                 
                                            residues or are residues from                                                                               
                                            RMERC; and contain greater than                                                                             
                                            or equal to 260 mg/kg total                                                                                 
                                            mercury.                                                                                                    
                                           Mercury fulminate nonwastewaters    Mercury.................   7439-97-6               NA        0.20 mg/l TCLP
                                            that are residues from RMERC and                                                                            
                                            contain less than 260 mg/kg total                                                                           
                                            mercury.                                                                                                    
                                           Mercury fulminate nonwastewaters    Mercury.................   7439-97-6               NA       0.025 mg/l TCLP
                                            that are incinerator residues and                                                                           
                                            contain less than 260 mg/kg total                                                                           
                                            mercury.                                                                                                    
                                           All mercury fulminate wastewaters.  Mercury.................   7439-97-6             0.15                 NA 
P066.....................................  Methomyl..........................  Methomyl................  16752-77-5        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
P067.....................................  2-Methyl-aziridine................  2-Methyl-aziridine......     75-55-8        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
P068.....................................  Methyl hydrazine..................  Methyl hydrazine........     60-34-4                 CHOXD; CHRED;      CHOXD; CHRED; or
                                                                                                                                    CARBN; BIODG;      CMBST
                                                                                                                                 or CMBST               
P069.....................................  2-Methyllactonitrile..............  2-Methyllactonitrile....     75-86-5        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
P070.....................................  Aldicarb..........................  Aldicarb................    116-06-3        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
P071.....................................  Methyl parathion..................  Methyl parathion........    298-00-0            0.014                4.6 
P072.....................................  1-Naphthyl-2-thiourea.............  1-Naphthyl-2-thiourea...     86-88-4        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
P073.....................................  Nickel carbonyl...................  Nickel..................   7440-02-0             3.98         5.0 mg/l TCLP
P074.....................................  Nickel-cyanide....................  Cyanides (Total)\7\.....     57-12-5              1.2                590 
                                                                               Cyanides (Amenable)\7\..     57-12-5             0.86                 30 
                                                                               Nickel..................   7440-02-0             3.98         5.0 mg/l TCLP
P075.....................................  Nicotine and salts................  Nicotine and salts......     54-11-5        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     

[[Page 772]]

                                                                                                                                                        
P076.....................................  Nitric oxide......................  Nitric oxide............  10102-43-9            ADGAS              ADGAS 
P077.....................................  p-Nitroaniline....................  p-Nitroaniline..........    100-01-6            0.028                 28 
P078.....................................  Nitrogen dioxide..................  Nitrogen dioxide........  10102-44-0            ADGAS              ADGAS 
P081.....................................  Nitroglycerin.....................  Nitroglycerin...........     55-63-0                 CHOXD; CHRED;      CHOXD; CHRED; or
                                                                                                                                    CARBN; BIODG;      CMBST
                                                                                                                                 or CMBST               
P082.....................................  N-Nitrosodimethylamine............  N-Nitrosodimethylamine..     62-75-9             0.40                2.3 
P084.....................................  N-Nitrosomethylvinylamine.........  N-                         4549-40-0        (WETOX or                   CMBST
                                                                                Nitrosomethylvinylamine.                            CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
P085.....................................  Octamethylpyrophosphoramide.......  Octamethylpyrophosphoram    152-16-9                 CARBN; OR CMBST    CMBST
                                                                                ide.                                                                    
P087.....................................  Osmium tetroxide..................  Osmium tetroxide........  20816-12-0   RMETL; or RTHRM   RMETL; or RTHRM 
P088.....................................  Endothall.........................  Endothall...............    145-73-3        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
P089.....................................  Parathion.........................  Parathion...............     56-38-2            0.014                4.6 
P092.....................................  Phenyl mercuric acetate             Mercury.................   7439-97-6               NA               IMERC; or RMERC
                                            nonwastewaters, regardless of                                                                               
                                            their total mercury content, that                                                                           
                                            are not incinerator residues or                                                                             
                                            are not residues from RMERC.                                                                                
                                           Phenyl mercuric acetate             Mercury.................   7439-97-6               NA               RMERC
                                            nonwastewaters that are either                                                                              
                                            incinerator residues or are                                                                                 
                                            residues from RMERC; and still                                                                              
                                            contain greater than or equal to                                                                            
                                            260 mg/kg total mercury.                                                                                    
                                           Phenyl mercuric acetate             Mercury.................   7439-97-6               NA        0.20 mg/l TCLP
                                            nonwastewaters that are residues                                                                            
                                            from RMERC and contain less than                                                                            
                                            160 mg/kg total mercury.                                                                                    
                                           Phenyl mercuric acetate             Mercury.................   7439-97-6               NA       0.025 mg/l TCLP
                                            nonwastewaters that are                                                                                     
                                            incinerator residues and contain                                                                            
                                            less then 260 mg/kg total mercury.                                                                          
                                           All phenyl mercuric acetate         Mercury.................   7439-97-6             0.15                 NA 
                                            wastewaters..                                                                                               

[[Page 773]]

                                                                                                                                                        
P093.....................................  Phenylthiourea....................  Phenylthiourea..........    103-85-5        (WETOX or                   CMBST.
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
P094.....................................  Phorate...........................  Phorate.................    298-02-2            0.021                4.6 
P095.....................................  Phosgene..........................  Phosgene................     75-44-5        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
P096.....................................  Phosphine.........................  Phosphine...............   7803-51-2                 CHOXD; CHRED;      CHOXD; CHRED; or
                                                                                                                                 or CMBST              CMBST
P097.....................................  Famphur...........................  Famphur.................     52-85-7            0.017                 15 
P098.....................................  Potassium cyanide.................  Cyanides (Total) \7\....     57-12-5              1.2                590 
                                                                               Cyanides (Amenable) \7\.     57-12-5             .086                 30 
                                           Potasslum silver cyanide..........  Cyanides (Total) \7\....     57-12-5              1.2                590 
P099.....................................                                      Cyanides (Amenable) \7\.     57-12-5             0.86                 30 
                                                                               Silver..................   7440-22-4             0.43        0.30 mg/l TCLP
P101.....................................  Ethyl cyanide (Propanenitrile)....  Ethyl cyanide               107-12-0             0.24                360 
                                                                                (Propanenitrile).                                                       
P102.....................................  Propargyl alcohol.................  Propargyl alcohol.......    107-19-7        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
P103.....................................  Selenourea........................  Selenium................   7782-49-2             0.82        0.16 mg/l TCLP
P104.....................................  Silver cyanide....................  Cyanides (Total) \7\....     57-12-5              1.2                590 
                                                                               Cyanides (Amenable) \7\.     57-12-5             0.86                 30 
                                                                               Silver..................   7440-22-4             0.43        0.30 mg/l TCLP
P105.....................................  Sodium azide......................  Sodium azide............  26628-22-8                 CHOXD; CHRED;      CHOXD; CHRED; or
                                                                                                                                    CARBN; BIODG;      CMBST
                                                                                                                                 or CMBST               
P106.....................................  Sodium cyanide....................  Cyanides (Total) \7\....     57-12-5              1.2                590 
                                                                               Cyanides (Amenable) \7\.     57-12-5             0.86                 30 
P108.....................................  Strychnine and salts..............  Strychnine and salts....     57-24-9        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
P109.....................................  Tetraethyldithiopyrophosphate.....  Tetraethyldithiopyrophos   3689-24-5                 CARBN; or CMBST    CMBST
                                                                                phate.                                                                  
P110.....................................  Tetraethyl lead...................  Lead....................   7439-92-1             0.69        0.37 mg/l TCLP
P111.....................................  Tetraethylpyrophosphate...........  Tetraethylpyrophosphate.    107-49-3                 CARBN; or CMBST    CMBST
P112.....................................  Tetranitromethane.................  Tetranitromethane.......    509-14-8                 CHOXD; CHRED;      CHOXD; CHRED; or
                                                                                                                                    CARBN; BIODG;      CMBST
                                                                                                                                 or CMBST               
P113.....................................  Thallic oxide.....................  Thallium (measured in      7440-28-0              1.4    RTHRM; or STABL 
                                                                                wastewaters only).                                                      

[[Page 774]]

                                                                                                                                                        
P114.....................................  Thallium selenite.................  Selenium................   7782-49-2             0.82        0.16 mg/l TCLP
P115.....................................  Thallium (l) sulfate..............  Thallium (measured in      7440-28-0              1.4    RTHRM; or STABL 
                                                                                wastewaters only).                                                      
P116.....................................  Thiosemicarbazide.................  Thiosemicarbazide.......     79-19-6        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
P118.....................................  Trichloromethanethiol.............  Trichloromethanethiol...     75-70-7        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
P119.....................................  Ammonium vanadate.................  Vanadium (measured in      7440-62-2              4.3              STABL 
                                                                                wastewaters only).                                                      
P120.....................................  Vandium pentoxide.................  Vanadium (measured in      7440-62-2              4.3              STABL 
                                                                                wastewaters only).                                                      
P121.....................................  Zinc cyanide......................  Cyanides (Total) \7\....     57-12-5              1.2                590 
                                                                               Cyanides (Amenable) \7\.     57-12-5             0.86                 30 
P122.....................................  Zinc phosphide Zn3P2, when present  Zinc Phosphide..........   1314-84-7                 CHOXD; CHRED;      CHOXD; CHRED; or
                                            at concentrations greater than                                                       or CMBST              CMBST
                                            10%.                                                                                                        
P123.....................................  Toxaphene.........................  Toxaphene...............   8001-35-2           0.0095                2.6 
P127.....................................  Carbofuran........................  Carbofuran..............   1563-66-2            0.006               0.14 
P128.....................................  Mexacarbate.......................  Mexacarbate.............    315-18-4            0.056                1.4 
P185.....................................  Tirpate...........................  Tirpate.................  26419-73-8            0.056               0.28 
P188.....................................  Physostigimine salicylate.........  Physostigmine salicylate     57-64-7            0.056                1.4 
P189.....................................  Carbosulfan.......................  Carbosulfan.............  55285-14-8            0.028                1.4 
P190.....................................  Metolcarb.........................  Metolcarb...............   1129-41-5            0.056                1.4 
P191.....................................  Dimetilan.........................  Dimetilan...............    644-64-4            0.056                1.4 
P192.....................................  Isolan............................  Isolan..................    119-38-0            0.056                1.4 
P194.....................................  Oxamyl............................  Oxamyl..................  23135-22-0            0.056               0.28 
P196.....................................  Manganese dimethyldithiocarbamate.  Dithiocarbamates (total)          NA            0.028                28. 
P197.....................................  Formparanate......................  Formparanate............  17702-57-7            0.056                1.4 
P198.....................................  Formetanate hydrochloride.........  Formetanate               23422-53-9            0.056                1.4 
                                                                                hydrochloride.                                                          
P199.....................................  Methiocarb........................  Methiocarb..............   2032-65-7            0.056                1.4 

[[Page 775]]

                                                                                                                                                        
P201.....................................  Promecarb.........................  Promecarb...............   2631-37-0            0.056                1.4 
P202.....................................  M-Cumenyl methylcarbamate.........  m-Cumenyl methycarbamate     64-00-6            0.056               1.4. 
P203.....................................  Aldicarb sulfone..................  Aldicarb sulfone........   1646-88-4            0.056               0.28 
P204.....................................  Physostigmine.....................  Physostigmine...........     57-47-6            0.056                1.4 
P205.....................................  Ziram.............................  Dithiocarbamates (total)          NA            0.028                28. 
U001.....................................  Acetaldehyde......................  Acetaldehyde............     75-07-0        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U002.....................................  Acetone...........................  Acetone.................     67-64-1             0.28                160 
U003.....................................  Acetonitrile......................  Acetonitrile............     75-05-8              5.6                   CMBST
                                                                               Acetonitrile;                75-05-8               NA                1.8 
                                                                                alternate\6\ standard                                                   
                                                                                for nonwastewaters only.                                                
U004.....................................  Acetophenone......................  Acetophenone............     98-86-2            0.010                9.7 
U005.....................................  2-Acetylaminofluorene.............  2-Acetylaminofluorene...     53-96-3            0.059                140 
U006.....................................  Acetyl chloride...................  Acetyl Chloride.........     75-36-5        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U007.....................................  Acrylamide........................  Acrylamide..............     79-06-1        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U008.....................................  Acrylic acid......................  Acrylic acid............     79-10-7        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U009.....................................  Acrylonitrile.....................  Acrylonitrile...........    107-13-1             0.24                 84 
U010.....................................  Mitomycin C.......................  Mitomycin C.............     50-07-7        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U011.....................................  Amitrole..........................  Amitrole................     61-82-5        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U012.....................................  Aniline...........................  Aniline.................     62-53-3             0.81                 14 
U014.....................................  Auramine..........................  Auramine................    492-80-8        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U015.....................................  Azaserine.........................  Azaserine...............    115-02-6        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U016.....................................  Benz(c)acridine...................  Benz(c)acridine.........    225-51-4        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     

[[Page 776]]

                                                                                                                                                        
U017.....................................  Benzal chloride...................  Benzal chloride.........     98-87-3        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U018.....................................  Benz(a)anthracene.................  Benz(a)anthracene.......     56-55-3            0.059                3.4 
U019.....................................  Benzene...........................  Benzene.................     71-43-2             0.14                 10 
U020.....................................  Benzenesulfonyl chloride..........  Benzenesulfonyl chloride     98-09-9        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U021.....................................  Benzidine.........................  Benzidine...............     92-87-5        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U022.....................................  Benzo(a)pyrene....................  Benzo(a)pyrene..........     50-32-8            0.061                3.4 
U023.....................................  Benzotrichloride..................  Benzotrichloride........     98-07-7                 CHOXD; CHRED;      CHOXD; CHRED; or
                                                                                                                                    CARBN; BIODG;      CMBST
                                                                                                                                 or CMBST               
U024.....................................  bis(2-Chloroethoxy)methane........  bis(2-                      111-91-1            0.036                7.2 
                                                                                Chloroethoxy)methane.                                                   
U025.....................................  bis(2-Chloroethyl)ether...........  bis(2-Chloroethyl)ether.    111-44-4            0.033                6.0 
U026.....................................  Chlornaphazine....................  Chlornaphazine..........    494-03-1        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U027.....................................  bis(2-Chloroisopropyl)ether.......  bis(2-                    39638-32-9        (WETOX or                7.2 
                                                                                Chloroisopropyl)ether.                              CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U028.....................................  bis(2-Ethylhexyl) phthalate.......  bis(2-Ethylhexyl)           117-81-7             0.28                 28 
                                                                                phthalate.                                                              
U029.....................................  Methyl bromide (Bromomethane).....  Methyl bromide               74-83-9             0.11                 15 
                                                                                (Bromomethane).                                                         
U030.....................................  4-Bromophenyl phenyl ether........  4-Bromophenyl phenyl        101-55-3            0.055                 15 
                                                                                ether.                                                                  
U031.....................................  n-Butyl alcohol...................  n-Butyl alcohol.........     71-36-3              5.6                2.6 
U032.....................................  Calcium chromate..................  Chromium (Total)........   7440-47-3             2.77        0.86 mg/l TCLP
U033.....................................  Carbon oxyfluoride................  Carbon oxyfluoride......    353-50-4        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     

[[Page 777]]

                                                                                                                                                        
U034.....................................  Trichloroacetaldehyde (Chloral)...  Trichloroacetaldehyde        75-87-6        (WETOX or                   CMBST
                                                                                (Chloral).                                          CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U035.....................................  Chlorambucil......................  Chlorambucil............    305-03-3        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U036.....................................  Chlordane.........................  Chlordane (alpha and         57-74-9           0.0033               0.26 
                                                                                gamma isomers).                                                         
U037.....................................  Chlorobenzene.....................  Chlorobenzene...........    108-90-7            0.057                6.0 
U038.....................................  Chlorobenzilate...................  Chlorobenzilate.........    510-15-6             0.10                   CMBST
U039.....................................  p-Chloro-m-cresol.................  p-Chloro-m-cresol.......     59-50-7            0.018                 14 
U041.....................................  Epichlorohydrin (1-Chloro-2,3-      Epichlorohydrin (1-         106-89-8        (WETOX or                   CMBST
                                            epoxypropane).                      Chloro-2,3-                                         CHOXD) fb           
                                                                                epoxypropane).                                      CARBN; or CMBST     
U042.....................................  2-Chloroethyl vinyl ether.........  2-Chloroethyl vinyl         110-75-8            0.062                   CMBST
                                                                                ether.                                                                  
U043.....................................  Vinyl chloride....................  Vinyl chloride..........     75-01-4             0.27                6.0 
U044.....................................  Chloroform........................  Chloroform..............     67-66-3            0.046                6.0 
U045.....................................  Chloromethane (Methyl chloride)...  Chloromethane (Methyl        74-87-3             0.19                 30 
                                                                                chloride).                                                              
U046.....................................  Chloromethyl methyl ether.........  Chloromethyl methyl         107-30-2        (WETOX or                   CMBST
                                                                                ether.                                              CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U047.....................................  2-Chloronaphthalene...............  2-Chloronaphthalene.....     91-58-7            0.055                5.6 
U048.....................................  2-Chlorophenol....................  2-Chlorophenol..........     95-57-8            0.044                5.7 
U049.....................................  4-Chloro-o-toluidine hydrochloride  4-Chloro-o-toluidine       3165-93-3        (WETOX or                   CMBST
                                                                                hydrochloride.                                      CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U050.....................................  Chrysene..........................  Chrysene................    218-01-9            0.059                3.4 
U051.....................................  Creosote..........................  Naphthalene.............     91-20-3            0.059                5.6 
                                                                               Pentachlorophenol.......     87-86-5            0.089                7.4 
                                                                               Phenanthrene............     85-01-8            0.059                5.6 
                                                                               Pyrene..................    129-00-0            0.067                8.2 
                                                                               Toluene.................    108-88-3            0.080                 10 
                                                                               Xylenes-mixed isomers      1330-20-7             0.32                 30 
                                                                                (sum of o-, m-, and p-                                                  
                                                                                xylene concentrations).                                                 
                                                                               Lead....................   7439-92-1             0.69        0.37 mg/l TCLP
U052.....................................  Cresols (Cresylic acid)...........  o-Cresol................     95-48-7             0.11                5.6 
                                                                               m-Cresol (difficult to      108-39-4             0.77                5.6 
                                                                                distinguish from p-                                                     
                                                                                cresol).                                                                
                                                                               p-Cresol (difficult to      106-44-5             0.77                5.6 
                                                                                distinguish from m-                                                     
                                                                                cresol).                                                                
                                                                               Cresol-mixed isomers       1319-77-3             0.88               11.2 
                                                                                (Cresylic acid) (sum of                                                 
                                                                                o-, m-, and p-cresol                                                    
                                                                                concentrations).                                                        

[[Page 778]]

                                                                                                                                                        
U053.....................................  Crotonaldehyde....................  Crotonaldehyde..........   4170-30-3        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U055.....................................  Cumene............................  Cumene..................     98-82-8        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U056.....................................  Cyclohexane.......................  Cyclohexane.............    110-82-7        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U057.....................................  Cyclohexanone.....................  Cyclohexanone...........    108-94-1             0.36                   CMBST
                                                                               Cyclohexanone; alternate    108-94-1               NA        0.75 mg/l TCLP
                                                                                \6\ standard for                                                        
                                                                                nonwastewaters only.                                                    
U058.....................................  Cyclophosphamide..................  Cyclophosphamide........     50-18-0                 CARBN; or CMBST    CMBST
U059.....................................  Daunomycin........................  Daunomycin..............  20830-81-3        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U060.....................................  DDD...............................  o,p'-DDD................     53-19-0            0.023              0.087 
                                                                               p,p'-DDD................     72-54-8            0.023              0.087 
U061.....................................  DDT...............................  o,p'-DDT................    789-02-6           0.0039              0.087 
                                                                               p,p'-DDT................     50-29-3           0.0039              0.087 
                                                                               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 
U062.....................................  Diallate..........................  Diallate................   2303-16-4        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U063.....................................  Dibenz(a,h)anthracene.............  Dibenz(a,h)anthracene...     53-70-3            0.055                8.2 
U064.....................................  Dibenz(a,i)pyrene.................  Dibenz(a,i)pyrene.......    189-55-9        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U066.....................................  1,2-Dibromo-3-chloropropane.......  1,2-Dibromo-3-               96-12-8             0.11                 15 
                                                                                chloropropane.                                                          

[[Page 779]]

                                                                                                                                                        
U067.....................................  Ethylene dibromide (1,2-            Ethylene dibromide (1,2-    106-93-4            0.028                 15 
                                            Dibromoethane).                     Dibromoethane).                                                         
U068.....................................  Dibromomethane....................  Dibromomethane..........     74-95-3             0.11                 15 
U069.....................................  Di-n-butyl phthalate..............  Di-n-butyl phthalate....     84-74-2            0.057                 28 
U070.....................................  o-Dichlorobenzene.................  o-Dichlorobenzene.......     95-50-1            0.088                6.0 
U071.....................................  m-Dichlorobenzene.................  m-Dichlorobenzene.......    541-73-1            0.036                6.0 
U072.....................................  p-Dichlorobenzene.................  p-Dichlorobenzene.......    106-46-7            0.090                6.0 
U073.....................................  3,3'-Dichlorobenzidine............  3,3'-Dichlorobenzidine..     91-94-1        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U074.....................................  1,4-Dichloro-2-butene.............  cis-1,4-Dichloro-2-        1476-11-5        (WETOX or                   CMBST
                                                                                butene.                                             CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
                                                                               trans-1,4-Dichloro-2-       764-41-0        (WETOX or                   CMBST
                                                                                butene.                                             CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U075.....................................  Dichlorodifluoromethane...........  Dichlorodifluoromethane.     75-71-8             0.23                7.2 
U076.....................................  1,1-Dichloroethane................  1,1-Dichloroethane......     75-34-3            0.059                6.0 
U077.....................................  1,2-Dichloroethane................  1,2-Dichloroethane......    107-06-2             0.21                6.0 
U078.....................................  1,1-Dichloroethylene..............  1,1-Dichloroethylene....     75-35-4            0.025                6.0 
U079.....................................  1,2-Dichloroethylene..............  trans-1,2-                  156-60-5            0.054                 30 
                                                                                Dichloroethylene.                                                       
U080.....................................  Methylene chloride................  Methylene chloride......     75-09-2            0.089                 30 
U081.....................................  2,4-Dichlorophenol................  2,4-Dichlorophenol......    120-83-2            0.044                 14 
U082.....................................  2,6-Dichlorophenol................  2,6-Dichlorophenol......     87-65-0            0.044                 14 
U083.....................................  1,2-Dichloropropane...............  1,2-Dichloropropane.....     78-87-5             0.85                 18 
U084.....................................  1,3-Dichloroproplyene.............  cis-1,3-                  10061-01-5            0.036                 18 
                                                                                Dichloroproplyene.                                                      
                                                                               trans-1,3-                10061-02-6            0.036                 18 
                                                                                Dichloroproplyene.                                                      
U085.....................................  1,2:3,4-Diepoxybutane.............  1,2:3,4-Diepoxybutane...   1464-53-5        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or           
                                                                                                                                    CMBST               
U086.....................................  N,N'-Diethylhydrazine.............  N,N'-Diethylhydrazine...   1615-80-1                 CHOXD; CHRED;      CHOXD; CHRED; or
                                                                                                                                    CARBN;             CMBST
                                                                                                                          BIODG; or CMBST               
U087.....................................  O,O-Diethyl S-                      O,O-Diethyl S-             3288-58-2                 CARBN; CMBST       CMBST
                                            methyldithiophosphate.              methyldithiophosphate.                                                  
U088.....................................  Diethyl phthalate.................  Diethyl phthalate.......     84-66-2             0.20                 28 
U089.....................................  Diethyl stilbestrol...............  Diethyl stilbestrol.....     56-53-1        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or           
                                                                                                                                    CMBST               

[[Page 780]]

                                                                                                                                                        
U090.....................................  Dihydrosafrole....................  Dihydrosafrole..........     94-58-6        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or           
                                                                                                                                    CMBST               
U091.....................................  3,3'-Dimethoxybenzidine...........  3,3'-Dimethoxybenzidine.    119-90-4        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or           
                                                                                                                                    CMBST               
U092.....................................  Dimethylamine.....................  Dimethylamine...........    124-40-3        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or           
                                                                                                                                    CMBST               
U093.....................................  p-Dimethylaminoazobenzene.........  p-                           60-11-7             0.13                   CMBST
                                                                                Dimethylaminoazobenzene.                                                
U094.....................................  7,12-Dimethylbenz(a)anthracene....  7,12-                        57-97-6        (WETOX or                   CMBST
                                                                                Dimethylbenz(a)anthrace                             CHOXD) fb          CMBST
                                                                                ne.                                                 CARBN; or           
                                                                                                                                    CMBST               
U095.....................................  3,3'-Dimethylbenzidine............  3,3'-Dimethylbenzidine..    119-93-7        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or           
                                                                                                                                    CMBST               
U096.....................................  alpha, alpha-Dimethyl benzyl        alpha, alpha-Dimethyl        80-15-9                 CHOXD; CHRED;      CHOXD; CHRED; or
                                            hydroperoxide.                      benzyl hydroperoxide.                               CARBN;             CMBST
                                                                                                                          BIODG; or CMBST               
U097.....................................  Dimethylcarbamoyl chloride........  Dimethylcarbamoyl            79-44-7        (WETOX or                   CMBST
                                                                                chloride.                                           CHOXD) fb           
                                                                                                                                    CARBN; or           
                                                                                                                                    CMBST               
U098.....................................  1,1-Dimethylhydrazine.............  1,1-Dimethylhydrazine...     57-14-7                 CHOXD; CHRED;      CHOXD; CHRED; or
                                                                                                                                    CARBN;             CMBST
                                                                                                                          BIODG; or CMBST               

[[Page 781]]

                                                                                                                                                        
U099.....................................  1,2-Dimethylhydrazine.............  1,2-Dimethylhydrazine...    540-73-8                 CHOXD; CHRED;      CHOXD; CHRED; or
                                                                                                                                    CARBN;             CMBST
                                                                                                                          BIODG; or CMBST               
U101.....................................  2,4-Dimethylphenol................  2,4-Dimethylphenol......    105-67-9            0.036                 14 
U102.....................................  Dimethyl phthalate................  Dimethyl phthalate......    131-11-3            0.047                 28 
U103.....................................  Dimethyl sulfate..................  Dimethyl sulfate........     77-78-1                 CHOXD; CHRED;      CHOXD; CHRED; or
                                                                                                                                    CARBN;             CMBST
                                                                                                                          BIODG; or CMBST               
U105.....................................  2,4-Dinitrotoluene................  2,4-Dinitrotoluene......    121-14-2             0.32                140 
U106.....................................  2,6-Dinitrotoluene................  2,6-Dinitrotoluene......    606-20-2             0.55                 28 
U107.....................................  Di-n-octyl phthalate..............  Di-n-octyl phthalate....    117-84-0            0.017                 28 
U108.....................................  1,4-Dioxane.......................  1,4-Dioxane.............    123-91-1        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or           
                                                                                                                                    CMBST               
                                                                               1,4-Dioxane; alternate      123-91-1               NA                170 
                                                                                \6\ standard for                                                        
                                                                                nonwastewaters only.                                                    
U109.....................................  1,2-Diphenylhydrazine.............  1,2-Diphenylhydrazine...    122-66-7                 CHOXD; CHRED;      CHOXD; CHRED; or
                                                                                                                                    CARBN;             CMBST
                                                                                                                          BIODG; or CMBST               
                                                                               1,2-Diphenylhydrazine;      122-66-7            0.087                 NA 
                                                                                alternate \6\ standard                                                  
                                                                                for wastewaters only.                                                   
U110.....................................  Dipropylamine.....................  Dipropylamine...........    142-84-7        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or           
                                                                                                                                    CMBST               
U111.....................................  Di-n-propylnitrosamine............  Di-n-propylnitrosamine..    621-64-7             0.40                 14 
U112.....................................  Ethyl acetate.....................  Ethyl acetate...........    141-78-6             0.34                 33 
U113.....................................  Ethyl acrylate....................  Ethyl acrylate..........    140-88-5        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or           
                                                                                                                                    CMBST               
U114.....................................  Ethylenebisdithiocarbamic acid      Ethylenebisdithiocarbami    111-54-6        (WETOX or                   CMBST
                                            salts and esters.                   c acid.                                             CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U115.....................................  Ethylene oxide....................  Ethylene oxide..........     75-21-8        (WETOX or                   CHOXD; or CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
                                                                               Ethylene oxide;              75-21-8             0.12                 NA 
                                                                                alternate \6\ standard                                                  
                                                                                for wastewaters only.                                                   

[[Page 782]]

                                                                                                                                                        
U116.....................................  Ethylene thiourea.................  Ethylene thiourea.......     96-45-7        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U117.....................................  Ethyl ether.......................  Ethyl ether.............     60-29-7             0.12                160 
U118.....................................  Ethyl methacrylate................  Ethyl methacrylate......     97-63-2             0.14                160 
U119.....................................  Ethyl methane sulfonate...........  Ethyl methane sulfonate.     62-50-0        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U120.....................................  Fluoranthene......................  Fluoranthene............    206-44-0            0.068                3.4 
U121.....................................  Trichloromonofluoromethane........  Trichloromonofluorometha     75-69-4            0.020                 30 
                                                                                n e.                                                                    
U122.....................................  Formaldehyde......................  Formaldehyde............     50-00-0        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U123.....................................  Formic acid.......................  Formic acid.............     64-18-6        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U124.....................................  Furan.............................  Furan...................    110-00-9        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U125.....................................  Furfural..........................  Furfural................     98-01-1        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U126.....................................  Glycidylaldehyde..................  Glycidylaldehyde........    765-34-4        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U127.....................................  Hexachlorobenzene.................  Hexachlorobenzene.......    118-74-1            0.055                 10 
U128.....................................  Hexachlorobutadiene...............  Hexachlorobutadiene.....     87-68-3            0.055                5.6 
U129.....................................  Lindane...........................  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 (Lindane).....     58-89-9           0.0017              0.066 
U130.....................................  Hexachlorocyclopentadiene.........  Hexachlorocyclopentadien     77-47-4            0.057                2.4 
                                                                                e.                                                                      

[[Page 783]]

                                                                                                                                                        
U131.....................................  Hexachloroethane..................  Hexachloroethane........     67-72-1            0.055                 30 
U132.....................................  Hexachlorophene...................  Hexachlorophene.........     70-30-4        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U133.....................................  Hydrazine.........................  Hydrazine...............    302-01-2                 CHOXD; CHRED;      CHOXD; CHRED; or
                                                                                                                                    CARBN;             CMBST
                                                                                                                          DIODG; or CMBST               
U134.....................................  Hydrogen fluoride.................  Fluoride (measured in     16964-48-8               35    ADGAS fb NEUTR; 
                                                                                wastewaters only).                                                   or 
                                                                                                                                                  NEUTR 
U135.....................................  Hydrogen Sulfide..................  Hydrogen Sulfide........   7783-06-4                 CHOXD; CHRED;      CHOXD; CHRED; or
                                                                                                                                 or CMBST              CMBST
U136.....................................  Cacodylic acid....................  Arsenic.................   7440-38-2              1.4         5.0 mg/l TCLP
U137.....................................  Indeno(1,2,3-c,d)pyrene...........  Indeno(1,2,3-c,d)pyrene.    193-39-5           0.0055                3.4 
U138.....................................  Iodomethane.......................  Iodomethane.............     74-88-4             0.19                 65 
U140.....................................  Isobutyl alcohol..................  Isobutyl alcohol........     78-83-1              5.6                170 
U141.....................................  Isosafrole........................  Isosafrole..............    120-58-1            0.081                2.6 
U142.....................................  Kepone............................  Kepone..................    143-50-8           0.0011               0.13 
U143.....................................  Lasiocarpine......................  Lasiocarpine............    303-34-4        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U144.....................................  Lead acetate......................  Lead....................   7439-92-1             0.69        0.37 mg/l TCLP
U145.....................................  Lead phosphate....................  Lead....................   7439-92-1             0.69        0.37 mg/l TCLP
U146.....................................  Lead subacetate...................  Lead....................   7439-92-1             0.69        0.37 mg/l TCLP
U147.....................................  Maleic anhydride..................  Maleic anhydride........    108-31-6        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U148.....................................  Maleic hydrazide..................  Maleic hydrazide........    123-33-1        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U149.....................................  Malononitrile.....................  Malononitrile...........    109-77-3        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U150.....................................  Melphalan.........................  Melphalan...............    148-82-3        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U151.....................................  U151 (mercury) nonwastewaters that  Mercury.................   7439-97-6               NA               RMERC
                                            contain greater than or equal to                                                                            
                                            260 mg/kg total mercury.                                                                                    
                                           U151 (mercury) nonwastewaters that  Mercury.................   7439-97-6               NA        0.20 mg/l TCLP
                                            contain less than 260 mg/kg total                                                                           
                                            mercury and that are residues                                                                               
                                            from RMERC only.                                                                                            

[[Page 784]]

                                                                                                                                                        
                                           U151 (mercury) nonwastewaters that  Mercury.................   7439-97-6               NA       0.025 mg/l TCLP
                                            contain less than 260 mg/kg total                                                                           
                                            mercury and that are not residues                                                                           
                                            from RMERC.                                                                                                 
                                           All U151 (mercury) wastewaters....  Mercury.................   7439-97-6             0.15                 NA 
                                           Elemental Mercury Contaminated      Mercury.................   7439-97-6               NA              AMLGM 
                                            with Radioactive materials.                                                                                 
U152.....................................  Methacrylonitrile.................  Methacrylonitrile.......    126-98-7             0.24                 84 
U153.....................................  Methanethiol......................  Methanethiol............     74-93-1        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U154.....................................   Methanol.........................  Methanol................     67-56-1        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
                                           ..................................  Methanol, alternate \6\      67-56-1              5.6        0.75 mg/l TCLP
                                                                                set of standards for                                                    
                                                                                both wastewaters and                                                    
                                                                                nonwastewaters.                                                         
U155.....................................  Methapyrilene.....................  Methapyrilene...........     91-80-5            0.081                1.5 
U156.....................................  Methyl chlorocarbonate............  Methyl chlorocarbonate..     79-22-1        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U157.....................................  3-Methylcholanthrene..............  3-Methylcholanthrene....     56-49-5           0.0055                 15 
U158.....................................  4,4'-Methylene bis(2-               4,4'-Methylene bis(2-       101-14-4             0.50                 30 
                                            chloroaniline).                     chloroaniline).                                                         
U159.....................................  Methyl ethyl ketone...............  Methyl ethyl ketone.....     78-93-3             0.28                 36 
U160.....................................  Methyl ethyl ketone peroxide......  Methyl ethyl ketone        1338-23-4                 CHOXD; CHRED;      CHOXD; CHRED; OR
                                                                                peroxide.                                           CARBN;             CMBST
                                                                                                                          BIODG; OR CMBST               
U161.....................................  Methyl isobutyl ketone............  Methyl isobutyl ketone..    108-10-1             0.14                 33 
U162.....................................  Methyl methacrylate...............  Methyl methacrylate.....     80-62-6             0.14                160 
U163.....................................  N-Methyl N'-nitro N-                N-Methyl N'-nitro N-         70-25-7        (WETOX or                   CMBST
                                            nitrosoguanidine.                   nitrosoguanidine.                                   CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     

[[Page 785]]

                                                                                                                                                        
U164.....................................  Methylthiouracil..................  Methylthiouracil........     56-04-2        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U165.....................................  Naphthalene.......................  Naphthalene.............     91-20-3            0.059                5.6 
U166.....................................  1,4-Naphthoquinone................  1,4-Naphthoquinone......    130-15-4        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U167.....................................  1-Naphthlyamine...................  1-Naphthlyamine.........    134-32-7        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U168.....................................  2-Naphthlyamine...................  2-Naphthlyamine.........     91-59-8             0.52                   CMBST
U169.....................................  Nitrobenzene......................  Nitrobenzene............     98-95-3            0.068                 14 
U170.....................................  p-Nitrophenol.....................  p-Nitrophenol...........    100-02-7             0.12                 29 
U171.....................................  2-Nitropropane....................  2-Nitropropane..........     79-46-9        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U172.....................................  N-Nitrosodi-n-butylamine..........  N-Nitrosodi-n-butylamine    924-16-3             0.40                 17 
U173.....................................  N-Nitrosodiethanolamine...........  N-Nitrosodiethylamine...   1116-54-7        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U174.....................................  N-Nitrosodiethylamine.............  N-Nitrosodiethanolamine.     55-18-5             0.40                 28 
U176.....................................  N-Nitroso-N-ethylurea.............  N-Nitroso-N-ethylurea...    759-73-9        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U177.....................................  N-Nitroso-N-methylurea............  N-Nitroso-N-methylurea..    684-93-5        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U178.....................................  N-Nitroso-N-methylurethane........  N-Nitroso-N-                615-53-2        (WETOX or                   CMBST
                                                                                methylurethane.                                     CHOXD) fb           
                                                                                                                                    CARBN; or           
                                                                                                                                    CMBST               
U179.....................................  N-Nitrosopiperidine...............  N-Nitrosopiperidine.....    100-75-4            0.013                 35 
U180.....................................  N-Nitrosopyrrolidine..............  N-Nitrosopyrrolidine....    930-55-2            0.013                 35 
U181.....................................  5-Nitro-o-toluidine...............  5-Nitro-o-toluidine.....     99-55-8             0.32                 28 
U182.....................................  Paraldehyde.......................  Paraldehyde.............    123-63-7        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U183.....................................  Pentachlorobenzene................  Pentachlorobenzene......    608-93-5            0.055                 10 
U184.....................................  Pentachloroethane.................  Pentachloroethane.......     76-01-7        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     

[[Page 786]]

                                                                                                                                                        
                                                                               Pentachloroethane;           76-01-7            0.055                6.0 
                                                                                alternate \6\ standards                                                 
                                                                                for both wastewaters                                                    
                                                                                and nonwastewaters.                                                     
U185.....................................  Pentachloronitrobenzene...........  Pentachloronitrobenzene.     82-68-8            0.055                4.8 
U186.....................................  1,3-Pentadiene....................  1,3-Pentadiene..........    504-60-9        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or           
                                                                                                                                    CMBST               
U187.....................................  Phenacetin........................  Phenacetin..............     62-44-2            0.081                 16 
U188.....................................  Phenol............................  Phenol..................    108-95-2            0.039                6.2 
U189.....................................  Phosphorus sulfide................  Phosphorus sulfide......   1314-80-3                 CHOXD, CHRED,      CHOXD, CHRED, or
                                                                                                                                 or CMBST              CMBST
U190.....................................  Phthalic anhydride (measured as     Phthalic anhydride          100-21-0            0.055                 28 
                                            Phthalic acid or Terephthalic       (measured as Phthalic                                                   
                                            acid).                              acid or Terephthalic                                                    
                                                                                acid).                                                                  
                                                                               Phthalic anhydride......     85-44-9            0.055                 28 
U191.....................................  2-Picoline........................  2-Picoline..............    109-06-8        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U192.....................................  Pronamide.........................  Pronamide...............  23950-58-5            0.093                1.5 
U193.....................................  1,3-Propane sultone...............  1,3-Propane sultone.....   1120-71-4        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U194.....................................  n-Propylamine.....................  n-Propylamine...........    107-10-8        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U196.....................................  Pyridine..........................  Pyridine................    110-86-1            0.014                 16 
U197.....................................  p-Benzoquinone....................  p-Benzoquinone..........    106-51-4        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U200.....................................  Reserpine.........................  Reserpine...............     50-55-5        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     

[[Page 787]]

                                                                                                                                                        
U201.....................................  Resorcinol........................  Resorcinol..............    108-46-3        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U202.....................................  Saccharin and salts...............  Saccharin...............     81-07-2        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U203.....................................  Safrole...........................  Safrole.................     94-59-7            0.081                 22 
U204.....................................  Selenium dioxide..................  Selenium................   7782-49-2             0.82        0.16 mg/l TCLP
U205.....................................  Selenium sulfide..................  Selenium................   7782-49-2             0.82        0.16 mg/l TCLP
U206.....................................  Streptozotocin....................  Streptozotocin..........  18883-66-4        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U207.....................................  1,2,4,5-Tetrachlorobenzene........  1,2,4,5-                     95-94-3            0.055                 14 
                                                                                Tetrachlorobenzene.                                                     
U208.....................................  1,1,1,2-Tetrachloroethane.........  1,1,1,2-                    630-20-6            0.057                6.0 
                                                                                Tetrachloroethane.                                                      
U209.....................................  1,1,2,2-Tetrachloroethane.........  1,1,2,2-                     79-34-5            0.057                6.0 
                                                                                Tetrachloroethane.                                                      
U210.....................................  Tetrachloroethylene...............  Tetrachloroethylene.....    127-18-4            0.056                6.0 
U211.....................................  Carbon tetrachloride..............  Carbon tetrachloride....     56-23-5            0.057                6.0 
U213.....................................  Tetrahydrofuran...................  Tetrahydrofuran.........    109-99-9        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U214.....................................  Thallium (l) acetate..............  Thallium (measured in      7440-28-0              1.4    RTHRM; or STABL 
                                                                                wastewaters only).                                                      
U215.....................................  Thallium (l) carbonate............  Thallium (measured in      7440-28-0              1.4    RTHRM; or STABL 
                                                                                wastewaters only).                                                      
U216.....................................  Thallium (l) chloride.............  Thallium (measured in      7440-28-0              1.4    RTHRM; or STABL 
                                                                                wastewaters only).                                                      
U217.....................................  Thallium (l) nitrate..............  Thallium (measured in      7440-28-0              1.4    RTHRM; or STABL 
                                                                                wastewaters only).                                                      
U218.....................................  Thioacetamide.....................  Thioacetamide...........     62-55-5        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U219.....................................  Thiourea..........................  Thiourea................     62-56-6        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U220.....................................  Toluene...........................  Toluene.................    108-83-3            0.080                 10 
U221.....................................  Toluenediamine....................  Toluenediamine..........  25376-45-8                 CARBN; or CMBST    CMBST
U222.....................................  o-Toluidine hydrochloride.........  o-Toluidine                 636-21-5        (WETOX or                   CMBST
                                                                                hydrochloride.                                      CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U223.....................................  Toluene diisocyanate..............  Toluene diisocyanate....  26471-62-5                 CARBN; or CMBST    CMBST
U225.....................................  Bromoform (Tribromomethane).......  Bromoform                    75-25-2             0.63                 15 
                                                                                (Tribromomethane).                                                      

[[Page 788]]

                                                                                                                                                        
U226.....................................  1,1,1-Trichloroethane.............  1,1,1-Trichloroethane...     71-55-6            0.054                6.0 
U227.....................................  1,1,2-Trichloroethane.............  1,1,2-Trichloroethane...     79-00-5            0.054                6.0 
U228.....................................  Trichloroethylene.................  Trichloroethylene.......     79-01-6            0.054                6.0 
U234.....................................  1,3,5-Trinitrobenzene.............  1,3,5-Trinitrobenzene...     99-35-4        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U235.....................................  tris-(2,3-Dibromoprophyl)-          tris-(2,3-                  126-72-7             0.11               0.10 
                                            phosphate.                          Dibromoprophyl)-                                                        
                                                                                phosphate.                                                              
U236.....................................  Trypan Blue.......................  Trypan Blue.............     72-57-1        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U237.....................................  Uracil mustard....................  Uracil mustard..........     66-75-1        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U238.....................................  Urethane (Ethyl carbamate)........  Urethane (Ethyl              51-79-6        (WETOX or                   CMBST
                                                                                carbamate).                                         CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U239.....................................  Xylenes...........................  Xylenes-mixed isomers      1330-20-7             0.32                 30 
                                                                                (sum of o-, m-, and p-                                                  
                                                                                xylene concentrations).                                                 
U240.....................................  2,4-D (2,4-Dichlorophenoxyacetic    2,4-D (2,4-                  94-75-7             0.72                 10 
                                            acid).                              Dichlorophenoxyacetic                                                   
                                                                                acid).                                                                  
                                           2,4-D (2,4-Dichlorophenoxyacetic    ........................          NA        (WETOX or                   CMBST
                                            acid) salts and esters.                                                                 CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U243.....................................  Hexachloropropylene...............  Hexachloropropylene.....   1888-71-7            0.035                 30 
U244.....................................  Thiram............................  Thiram..................    137-26-8        (WETOX or                   CMBST
                                                                                                                                    CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U246.....................................  Cyanogen bromide..................  Cyanogen bromide........    506-68-3                 CHOXD; WETOX;      CHOXD, WETOX; or
                                                                                                                                 or CMBST              CMBST
U247.....................................  Methoxychlor......................  Methoxychlor............     72-43-5             0.25               0.18 

[[Page 789]]

                                                                                                                                                        
U248.....................................  Warfarin, & salts, when present at  Warfarin................     81-81-2        (WETOX or                   CMBST
                                            concentrations of 0.3% or less.                                                         CHOXD) fb           
                                                                                                                                    CARBN; or CMBST     
U249.....................................  Zinc phosphide, Zn3P2, when         Zinc Phosphide..........   1314-84-7                 CHOXD; CHRED;      CHOXD; CHRED; or
                                            present at concentrations of 10%                                                     or CMBST              CMBST
                                            or less.                                                                                                    
U271.....................................  Benomyl...........................  Benomyl.................  17804-35-2            0.056                1.4 
U277.....................................  Sulfallate........................  Dithiocarbamates (total)          NA            0.028                28. 
U278.....................................  Bendiocarb........................  Bendiocarb..............  22781-23-3            0.056               1.4. 
U279.....................................  Carbaryl..........................  Carbaryl................     63-25-2            0.006               0.14 
U280.....................................  Barban............................  Barban..................    101-27-9            0.056                1.4 
U328.....................................  o-Toluidine.......................  o-Toluidine.............     95-53-4                 CMBST; or CHOXD    CMBST
                                                                                                                                  fb                    
                                                                                                                           (BIODG or                    
                                                                                                                                    CARBN); or          
                                                                                                                           BIODG fb CARBN.              
U353.....................................  p-Toluidine.......................  p-Toluidine.............    106-49-0                 CMBST; or CHOXD    CMBST
                                                                                                                                  fb                    
                                                                                                                           (BIODG or                    
                                                                                                                                    CARBN); or          
                                                                                                                           BIODG fb CARBN.              
U359.....................................  2-Ethoxyethanol...................  2-Ethoxyethanol.........    110-80-5                 CMBST; or CHOXD    CMBST
                                                                                                                                  fb                    
                                                                                                                           (BIODG or                    
                                                                                                                                    CARBN); or          
                                                                                                                           BIODG fb CARBN               
U364.....................................  Bendiocarb phenol.................  Bendiocarb phenol.......  22961-82-6            0.056                1.4 
U365.....................................  Molinate..........................  Molinate................   2212-67-1            0.042               1.4. 
U366.....................................  Dazomet...........................  Dithiocarbamates (total)          NA            0.028                28. 
U367.....................................  Carbofuran phenol.................  Carbofuran phenol.......   1563-38-8            0.056                1.4 
U372.....................................  Carbendazim.......................  Carbendazim.............  10605-21-7            0.056                1.4 
U373.....................................  Propham...........................  Propham.................    122-42-9            0.056                1.4 
U375.....................................  3-lodo-2-propynyl n-butylcarbamate  3-lodo-2-propynyl n-      55406-53-6            0.056               1.4. 
                                                                                butylcarbamate.                                                         
U376.....................................  Selenium, tetrakis (dimethyldithio- Dithiocarbamates (total)          NA            0.028                28. 
                                             carbamate).                                                                                                
                                           Selenium..........................  Selenium................   7782-49-2             0.82        0.16 mg/l TCLP.
U377.....................................  Pottasium n-methyldithiocarbamate.  Dithiocarbamates (total)          NA            0.028                28. 
U378.....................................  Potassium n-hydroxymethyl-n-        Dithiocarbamates (total)          NA            0.028                28. 
                                            methyldithiocarbamate.                                                                                      
U379.....................................  Sodium dibutyldithiocarbamate.....  Dithiocarbamates (total)          NA            0.028                28. 
U381.....................................  Sodium diethyldithiocarbamate.....  Dithiocarbamates (total)          NA            0.028                28. 
U382.....................................  Sodium dimethyldithiocarbamate....  Dithiocarbamates (total)          NA            0.028                28. 
U383.....................................  Potassium dimethyl dithiocarbamate  Dithiocarbamates (total)          NA            0.028                28. 

[[Page 790]]

                                                                                                                                                        
U384.....................................  Metam Sodium......................  Dithiocarbamates (total)          NA            0.028                28. 
U385.....................................  Vernolate.........................  Vernolate...............   1929-77-7            0.042               1.4. 
U386.....................................  Cycloate..........................  Cycloate................   1134-23-2            0.042               1.4. 
U387.....................................  Prosulfocarb......................  Prosulfocarb............  52888-80-9            0.042               1.4. 
U389.....................................  Triallate.........................  Triallate...............   2303-17-5            0.042               1.4. 
U390.....................................  EPTC..............................  EPTC....................    759-94-4            0.042               1.4. 
U391.....................................  Pebulate..........................  Pebulate................   1114-71-2            0.042               1.4. 
U392.....................................  Butylate..........................  Butylate................   2008-41-5            0.042               1.4. 
U393.....................................  Copper dimethyldithiocarbamate....  Dithiocarbamates (total)          NA            0.028                28. 
U394.....................................  A2213.............................  A2213...................  30558-43-1            0.042               1.4. 
U395.....................................  Diethylene glycol, dicarbamate....  Diethylene glycol,         5952-26-1            0.056               1.4. 
                                                                                dicarbamate.                                                            
U396.....................................  Ferbam............................  Dithiocarbamates (total)          NA            0.028                28. 
U400.....................................  Bis (pentamethylene) thiuram        Dithiocarbamates (total)          NA            0.028                28. 
                                            tetrasulfide.                                                                                               
U401.....................................  Tetramethyl thiuram monosulfide...  Dithiocarbamates (total)          NA            0.028                28. 
U402.....................................  Tetrabutylthiuram disulfide.......  Dithiocarbamates (total)          NA            0.028                28. 
U403.....................................  Disulfiram........................  Dithiocarbamates (total)          NA            0.028                28. 
U404.....................................  Triethylamine.....................  Triethylamine...........    101-44-8            0.081               1.5. 
U407.....................................  Ethyl Ziram.......................  Dithiocarbamates (total)          NA            0.028                28. 
U409.....................................  Thiophanate-methyl................  Thiophanate-methyl......  23564-05-8            0.056               1.4. 
U410.....................................  Thiodicarb........................  Thiodicarb..............  59669-26-0            0.019               1.4. 
U411.....................................  Propoxur..........................  Propoxur................    114-26-1            0.056               1.4. 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes to Table:                                                                                                                                         
1 The waste descriptions provided in this table do not replace waste descriptions in 40 CFR part 261. Descriptions of Treatment/Regulatory Subcategories
  are provided, as needed, to distinguish between applicability of different standards.                                                                 
2 CAS means Chemical Abstract Services. When the waste code and/or regulated constituents are described as a combination of a chemical with it's salts  
  and/or esters, the CAS number is given for the parent compound only.                                                                                  
3 Concentration standards for wastewaters are expressed in mg/l and are based on analysis of composite samples.                                         
4 All treatment standards expressed as a Technology Code or combination of Technology Codes are explained in detail in 40 CFR 268.42 Table 1--Technology
  Codes and Descriptions of Technology-Based Standards.                                                                                                 
5 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 40 CFR Part 264, Subpart O, or Part 265, Subpart  
  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 40 CFR 268.40(d). All concentration standards for nonwastewaters are based on analysis of grab   
  samples.                                                                                                                                              
6 Where an alternate treatment standard or set of alternate standards has been indicated, a facility may comply with this alternate standard, but only  
  for the Treatment/Regulatory Subcategory or physical form (i.e., wastewater and/or nonwastewater) specified for that alternate standard.              
7 Both Cyanides (Total) and Cyanides (Amenable) for nonwastewaters are to be analyzed using Method 9010 or 9012, found in ``Test Methods for Evaluating 
  Solid Waste, Physical/Chemical Methods'', EPA Publication SW-846, as incorporated by reference in 40 CFR 260.11, with a sample size of 10 grams and a 
  distillation time of one hour and 15 minutes.                                                                                                         

[[Page 791]]

                                                                                                                                                        
8 These wastes, when rendered nonhazardous and then subsequently managed in CWA, CWA-equivalent, or Class I SDWA systems are not subject to treatment   
  standards. (See Sec.  148.1(d) and Sec.  268.1(c) (3) and (4)).                                                                                       
9 These wastes, when rendered nonhazardous and then subsequently injected in a Class I SDWA well are not subject to treatment standards. (See Sec.      
  148.1(d)).                                                                                                                                            


[[Page 792]]

[59 FR 48046, Sept. 19, 1994, as amended by 60 FR 245, Jan. 3, 1995; 61 
FR 15600, 15662, 15663, Apr. 8, 1996; 61 FR 33683, June 28, 1996; 61 FR 
36419, July 10, 1996]



Sec. 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 Sec. 268.40.

[59 FR 48103, Sept. 19, 1994]



Sec. 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 Sec. 268.40.

    (a) The following wastes in paragraphs (a)(1) and (a)(2) of this 
section and in the table in Sec. 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 paragraphs (a)(1) and (a)(2) and 
Table 1 of 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 
regulations in parts 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 
Sec. 268.32(e)(1) of this part must be incinerated in accordance with 
the requirements of 40 CFR part 264, subpart O, or 40 CFR part 265, 
subpart O. These treatment standards do not apply where the waste is 
subject to a part 268, subpart D, treatment standard for a specific HOC 
(such as a hazardous waste chlorinated solvent for which a treatment 
standard is established under Sec. 268.41(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 (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 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 code         Description of technology-based standards   
------------------------------------------------------------------------
ADGAS:                  Venting of compressed gases into an absorbing or
                         reacting media (i.e., 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.                     

[[Page 793]]

                                                                        
BIODG:                  Biodegradation of organics or non-metallic      
                         inorganics (i.e., 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 (e.g., 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 (e.g., 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 (e.g., 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      
                         (e.g., 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 (e.g., 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 (e.g., 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 
                         40 CFR part 265, subpart O, or 40 CFR part 266,
                         subpart 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 40 CFR 
                         part 264 subpart 0 and part 265 subpart 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 (e.g., High or Low Mercury       
                         Subcategories).                                
INCIN:                  Incineration in units operated in accordance    
                         with the technical operating requirements of 40
                         CFR part 264 subpart 0 and part 265 subpart 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 (e.g.,    
                         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 40 CFR     
                         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 12.5 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 (i.e., containing oxides and/or hydroxides
                         of calcium and/or magnesium; (2) caustic (i.e.,
                         sodium and/or potassium hydroxides; (3) soda   
                         ash (i.e., 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.    
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 (i.e., 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.                                  

[[Page 794]]

                                                                        
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  
                         (e.g., 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 (i.e., zeolites) adsorption; (3)
                         reverse osmosis; (4) chelation/solvent         
                         extraction; (5) freeze crystalization; (6)     
                         ultrafiltration and/or (7) simple precipitation
                         (i.e., 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 (i.e., 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 40 CFR 260.10 
                         (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     
                         (e.g., fly ash and cement kiln dust)--this does
                         not preclude the addition of reagents (e.g.,   
                         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 (e.g., 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 (i.e., a treatment     
  train) is specified as a single treatment standard, the order of      
  application is specified in Sec.  268.42, 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 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 Sec. 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 Sec. 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

[[Page 795]]

comply with all limitations contained in such a determination.
    (c) As an alternative to the otherwise applicable subpart 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 40 CFR 
264.316 and 40 CFR 265.316;
    (2) The lab pack does not contain any of the wastes listed in 
Appendix IV to part 268;
    (3) The lab packs are incinerated in accordance with the 
requirements of 40 CFR part 264, subpart O or 40 CFR part 265, subpart 
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 subpart D of 
this part.
    (d) Radioactive hazardous mixed wastes are subject to the treatment 
standards in Sec. 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 Sec. 268.45.

[51 FR 40642, Nov. 7, 1986, as amended at 52 FR 25790, July 8, 1987; 55 
FR 22692, June 1, 1990; 56 FR 3884, Jan. 31, 1991; 57 FR 8089, Mar. 6, 
1992; 57 FR 37273, Aug. 18, 1992; 58 FR 29885, May 24, 1993; 59 FR 
31552, June 20, 1994; 59 FR 48103, Sept. 19, 1994; 60 FR 302, Jan. 3, 
1995; 61 FR 15654, Apr. 8, 1996]



Sec. 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 Sec. 268.40.

[59 FR 48103, Sept. 19, 1994]



Sec. 268.44  Variance from a treatment standard.

    (a) Where the treatment standard is expressed as a concentration in 
a waste or waste extract and a waste cannot be treated to the specified 
level, or where the treatment technology is not appropriate to the 
waste, the generator or treatment facility may petition the 
Administrator for a variance from the treatment standard. The petitioner 
must demonstrate that because the physical or chemical properties of the 
waste differs significantly from wastes analyzed in developing the 
treatment standard, the waste cannot be treated to specified levels or 
by the specified methods.
    (b) Each petition must be submitted in accordance with the 
procedures in Sec. 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 these 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 Sec. 268.7.
    (g) During the petition review process, the applicant is required to 
comply with all restrictions on land disposal under this part once the 
effective date for the waste has been reached.

[[Page 796]]

    (h) Where the treatment standard is expressed as a concentration in 
a waste or waste extract and a waste generated under conditions specific 
to only one site cannot be treated to the specified level, or where the 
treatment technology is not appropriate to the waste, the generator or 
treatment facility may apply to the Administrator, or his delegated 
representative, for a site-specific variance from a treatment standard. 
The applicant for a site-specific variance must demonstrate that because 
the physical or chemical properties of the waste differs significantly 
from the waste analyzed in developing the treatment standard, the waste 
cannot be treated to specified levels or by the specified methods.
    (i) Each application for a site-specific variance from a treatment 
standard must include the information in Sec. 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 Sec. 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 part once the effective date for the waste has been reached.
    (m)--(n) [Reserved]
    (o) The following facilities are excluded from the treatment 
standard under Sec. 268.43(a), Table CCW, and are subject to the 
following constituent concentrations:

[[Page 797]]



                                        Table--Wastes Excluded From the Treatment Standards Under Sec.  268.43(a)                                       
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                          Wastewaters               Nonwastewaters      
                                                                             Regulated hazardous -------------------------------------------------------
   Facility name\1\ and address        Waste code           See also             constituent      Concentration               Concentration             
                                                                                                      (mg/l)        Notes        (mg/kg)        Notes   
--------------------------------------------------------------------------------------------------------------------------------------------------------
Craftsman Plating and Tinning,      F006              Table CCWE in 268.41  Cyanides (Total)....          1.2          (\2\)          1800         (\4\)
 Corp., Chicago, IL.                                                                                                                                    
                                    ................                        Cyanides (Amenable).           .86      (\2\ and            30         (\4\)
                                                                                                                        \3\)                            
                                    ................                        Cadmium.............          1.6    ...........            NA   ...........
                                    ................                        Chromium............           .32   ...........            NA   ...........
                                    ................                        Lead................           .040  ...........            NA   ...........
                                    ................                        Nickel..............           .44   ...........            NA   ...........
Northwestern Plating Works, Inc.,   F006              Table CCWE in 268.41  Cyanides (Total)....          1.2       (\2\ and           970         (\4\)
 Chicago, IL.                                                                                                           \3\)                            
                                    ................                        Cyanides (Amenable).           .86         (\2\)            30         (\4\)
                                    ................                        Cadmium.............          1.6    ...........            NA   ...........
                                    ................                        Chromium............           .32   ...........            NA   ...........
                                    ................                        Lead................           .040  ...........            NA   ...........
                                    ................                        Nickel..............           .44   ...........            NA   ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
(\1\)--A facility may certify compliance with these treatment standards according to provisions in 40 CFR 268.7.                                        
(\2\)--Cyanide Wastewater Standards for F006 are based on analysis of composite samples.                                                                
(\3\)--These facilities must comply with 0.86 mg/l for amenable cyanides in the wastewater exiting the alkaline chlorination system. These facilities   
  must also comply with 40 CFR Sec.  268.7.a.4 for appropriate monitoring frequency consistent with the facilities' waste analysis plan.                
(\4\)--Cyanide nonwastewaters are analyzed using SW-846 Method 9010 or 9012, sample size 10 grams, distillation time, 1 hour and 15 minutes.            
                                                                                                                                                        
Note: NA means Not Applicable.                                                                                                                          




[[Page 798]]

[52 FR 25790, July 8, 1987, as amended at 55 FR 22689, June 1, 1990; 56 
FR 3879, Jan. 31, 1991; 57 FR 37272, Aug. 18, 1992; 58 FR 29885, May 24, 
1993; 58 FR 46050, Aug. 31, 1993]
[51 FR 40642, Nov. 7, 1986; 52 FR 21017, June 4, 1987, as amended at 53 
FR 31221, Aug. 17, 1988; 54 FR 36972, Sept. 6, 1989; 56 FR 12355, Mar. 
25, 1991]



Sec. 268.45  Treatment standards for hazardous debris.

    (a) Treatment standards. Hazardous debris must be treated prior to 
land disposal as follows unless EPA determines under Sec. 261.3(e)(2) of 
this chapter that the debris is no longer contaminated with hazardous 
waste or the debris is treated to the waste-specific treatment standard 
provided in this subpart 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 Secs. 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 
Sec. 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 Sec. 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 subpart C, part 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 subpart D of this 
part 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

[[Page 799]]

is not subject to the waste-specific treatment standards of subpart D of 
this part.
    (3) Cyanide-reactive debris. Residue from the treatment of debris 
that is reactive because of cyanide must meet the standards for D003 
under Sec. 268.43.
    (4) Ignitable nonwastewater residue. Ignitable nonwastewater residue 
containing equal to or greater than 10% total organic carbon is subject 
to the technology-based standards for D001: ``Ignitable Liquids based on 
Sec. 261.21(a)(1)'' under Sec. 268.42.
    (5) Residue from spalling. Layers of debris removed by spalling are 
hazardous debris that remain subject to the treatment standards of this 
section.

   Table 1.--Alternative Treatment Standards For Hazardous Debris \1\   
------------------------------------------------------------------------
                               Performance and/or                       
   Technology description     design and operating       Contaminant    
                                    standard          restrictions \2\  
------------------------------------------------------------------------
A. Extraction Technologies:                                             
  1. Physical Extraction                                                
  a. Abrasive Blasting:       Glass, Metal,         All Debris: None.   
   Removal of contaminated     Plastic, Rubber:                         
   debris surface layers       Treatment to a                           
   using water and/or air      clean debris                             
   pressure to propel a        surface.\3\.                             
   solid media (e.g., steel   Brick, Cloth,                             
   shot, aluminum oxide        Concrete, Paper,                         
   grit, plastic beads).       Pavement, Rock,                          
                               Wood: Removal of at                      
                               least 0.6 cm of the                      
                               surface layer;                           
                               treatment to a                           
                               clean debris                             
                               surface.\3\                              
  b. Scarification,           Same as above.......  Same as above.      
   Grinding, and Planing:                                               
   Process utilizing                                                    
   striking piston heads,                                               
   saws, or rotating                                                    
   grinding wheels such that                                            
   contaminated debris                                                  
   surface layers are                                                   
   removed.                                                             
  c. Spalling: Drilling or    Same as above.......  Same as above.      
   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.                                                           
  d. Vibratory Finishing:     Same as above.......  Same as above.      
   Process utilizing                                                    
   scrubbing media, flushing                                            
   fluid, and oscillating                                               
   energy such that                                                     
   hazardous contaminants or                                            
   contaminated debris                                                  
   surface layers are                                                   
   removed.\4\                                                          
  e. High Pressure Steam and  Same as above.......  Same as above.      
   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.                                               
  2. Chemical Extraction                                                
  a. Water Washing and        All Debris:           Brick, Cloth,       
   Spraying: Application of    Treatment to a        Concrete, Paper,   
   water sprays or water       clean debris          Pavement, Rock,    
   baths of sufficient         surface \3\;          Wood: Contaminant  
   temperature, pressure,     Brick, Cloth,          must be soluble to 
   residence time,             Concrete, Paper,      at least 5% by     
   agitation, surfactants,     Pavement, Rock,       weight in water    
   acids, bases, and           Wood: Debris must     solution or 5% by  
   detergents to remove        be no more than 1.2   weight in emulsion;
   hazardous contaminants      cm (\1/2\ inch) in    if debris is       
   from debris surfaces and    one dimension         contaminated with a
   surface pores or to         (i.e., thickness      dioxin-listed      
   remove contaminated         limit,\5\ except      waste,\6\ an       
   debris surface layers.      that this thickness   ``Equivalent       
                               limit may be waived   Technology''       
                               under an              approval under Sec.
                               ``Equivalent           268.42(b) must be 
                               Technology''          obtained.\8\       
                               approval under Sec.                      
                                268.42(b);\8\                           
                               debris surfaces                          
                               must be in contact                       
                               with water solution                      
                               for at least 15                          
                               minutes                                  
  b. Liquid Phase Solvent     Same as above.......  Brick, Cloth,       
   Extraction: Removal of                            Concrete, Paper,   
   hazardous contaminants                            Pavement, Rock,    
   from debris surfaces and                          Wood: Same as      
   surface pores by applying                         above, except that 
   a nonaqueous liquid or                            contaminant must be
   liquid solution which                             soluble to at least
   causes the hazardous                              5% by weight in the
   contaminants to enter the                         solvent.           
   liquid phase and be                                                  
   flushed away from the                                                
   debris along with the                                                
   liquid or liquid solution                                            
   while using appropriate                                              
   agitation, temperature,                                              
   and residence time.\4\                                               

[[Page 800]]

                                                                        
  c. Vapor Phase Solvent      Same as above,        Same as above.      
   Extraction: Application     except that brick,                       
   of an organic vapor using   cloth, concrete,                         
   sufficient agitation,       paper, pavement,                         
   residence time, and         rock and wood                            
   temperature to cause        surfaces must be in                      
   hazardous contaminants on   contact with the                         
   contaminated debris         organic vapor for                        
   surfaces and surface        at least 60 minutes.                     
   pores to enter the vapor                                             
   phase and be flushed away                                            
   with the organic                                                     
   vapor.\4\                                                            
  3. Thermal Extraction                                                 
  a. High Temperature Metals  For refining          Debris contaminated 
   Recovery: Application of    furnaces, treated     with a dioxin-     
   sufficient heat,            debris must be        listed waste:\5\   
   residence time, mixing,     separated from        Obtain an          
   fluxing agents, and/or      treatment residuals   ``Equivalent       
   carbon in a smelting,       using simple          Technology''       
   melting, or refining        physical or           approval under Sec.
   furnace to separate         mechanical             268.42(b).\8\     
   metals from debris.         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.                              
  b. Thermal Desorption:      All Debris: Obtain    All Debris: Metals  
   Heating in an enclosed      an ``Equivalent       other than mercury.
   chamber under either        Technology''                             
   oxidizing or nonoxidizing   approval under Sec.                      
   atmospheres at sufficient    268.42(b);\8\                           
   temperature and residence   treated debris must                      
   time to vaporize            be separated from                        
   hazardous contaminants      treatment residuals                      
   from contaminated           using simple                             
   surfaces and surface        physical or                              
   pores and to remove the     mechanical                               
   contaminants from the       means,\9\ and,                           
   heating chamber in a        prior to further                         
   gaseous exhaust gas.\7\     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                                 
B. Destruction Technologies:                                            
  1. Biological Destruction   All Debris: Obtain    All Debris: Metal   
   (Biodegradation): Removal   an ``Equivalent       contaminants.      
   of hazardous contaminants   Technology''                             
   from debris surfaces and    approval under Sec.                      
   surface pores in an          268.42(b);\8\                           
   aqueous solution and        treated debris must                      
   biodegration of organic     be separated from                        
   or nonmetallic inorganic    treatment residuals                      
   compounds (i.e.,            using simple                             
   inorganics that contain     physical or                              
   phosphorus, nitrogen, or    mechanical                               
   sulfur) in units operated   means,\9\ and,                           
   under either aerobic or     prior to further                         
   anaerobic conditions.       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\ inch) in                       
                               one dimension                            
                               (i.e., thickness                         
                               limit),\5\ except                        
                               that this thickness                      
                               limit may be waived                      
                               under the                                
                               ``Equivalent                             
                               Technology''                             
                               approval                                 
  2. Chemical Destruction                                               
  a. Chemical Oxidation:      All Debris: Obtain    All Debris: Metal   
   Chemical or electolytic     an ``Equivalent       contaminants.      
   oxidation utilizing the     Technology''                             
   following oxidation         approval under Sec.                      
   reagents (or waste           268.42(b);\8\                           
   reagents) or combination    treated debris must                      
   of reagents--(1)            be separated from                        
   hypochlorite (e.g.,         treatment residuals                      
   bleach); (2) chlorine;      using simple                             
   (3) chlorine dioxide; (4)   physical or                              
   ozone or UV (ultraviolet    mechanical                               
   light) assisted ozone;      means,\9\ and,                           
   (5) peroxides; (6)          prior to further                         
   persulfates; (7)            treatment, such                          
   perchlorates; (8) perman-   residue must meet                        
   ganates; and/or (9) other   the waste-specific                       
   oxidizing reagents of       treatment standards                      
   equivalent destruction      for organic                              
   efficiency.\4\ Chemical     compounds in the                         
   oxidation specifically      waste contaminating                      
   includes what is referred   the debris.                              
   to as alkaline             Brick, Cloth,                             
   chlorination.               Concrete, Paper,                         
                               Pavement, Rock,                          
                               Wood: 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 the                                
                               ``Equivalent                             
                               Technology''                             
                               approval                                 

[[Page 801]]

                                                                        
  b. Chemical Reduction:      Same as above.......  Same as above.      
   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\                                                       
  3. Thermal Destruction:     Treated debris must   Brick, Concrete,    
   Treatment in an             be separated from     Glass, Metal,      
   incinerator operating in    treatment residuals   Pavement, Rock,    
   accordance with Subpart O   using simple          Metal: Metals other
   of Parts 264 or 265 of      physical or           than mercury,      
   this chapter; a boiler or   mechanical            except that there  
   industrial furnace          means,\9\ and,        are no metal       
   operating in accordance     prior to further      restrictions for   
   with Subpart H of Part      treatment, such       vitrification.     
   266 of this chapter, or     residue must meet    Debris contaminated 
   other thermal treatment     the waste-specific    with a dioxin-     
   unit operated in            treatment standards   listed waste.\6\   
   accordance with Subpart     for organic           Obtain an          
   X, Part 264 of this         compounds in the      ``Equivalent       
   chapter, or Subpart P,      waste contaminating   Technology''       
   Part 265 of this chapter,   the debris.           approval under Sec.
   but excluding for                                  268.42(b),\8\     
   purposes of these debris                          except that this   
   treatment standards                               requirement does   
   Thermal Desorption units.                         not apply to       
                                                     vitrification.     
C. Immobilization                                                       
 Technologies:                                                          
  1. Macroencapsulation:      Encapsulating         None.               
   Application of surface      material must                            
   coating materials such as   completely                               
   polymeric organics (e.g.,   encapsulate debris                       
   resins and plastics) or     and be resistant to                      
   use of a jacket of inert    degradation by the                       
   inorganic materials to      debris and its                           
   substantially reduce        contaminants and                         
   surface exposure to         materials into                           
   potential leaching media.   which it may come                        
                               into contact after                       
                               placement                                
                               (leachate, other                         
                               waste, microbes).                        
  2. Microencapsulation:      Leachability of the   None.               
   Stabilization of the        hazardous                                
   debris with the following   contaminants must                        
   reagents (or waste          be reduced.                              
   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\                                                     
  3. Sealing: Application of  Sealing must avoid    None.               
   an appropriate material     exposure of the                          
   which adheres tightly to    debris surface to                        
   the debris surface to       potential leaching                       
   avoid exposure of the       media and sealant                        
   surface to potential        must be resistent                        
   leaching media. When        to degradation by                        
   necessary to effectively    the debris and its                       
   seal the surface, sealing   contaminants and                         
   entails pretreatment of     materials into                           
   the debris surface to       which it may come                        
   remove foreign matter and   into contact after                       
   to clean and roughen the    placement                                
   surface. Sealing            (leachate, other                         
   materials include epoxy,    waste, microbes).                        
   silicone, and urethane                                               
   compounds, but paint may                                             
   not be used as a sealant.                                            
------------------------------------------------------------------------
\1\ Hazardous 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.                     
\2\ Contaminant 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 regulation).              
\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.                                                         

[[Page 802]]

                                                                        
\4\ Acids, 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.                                                        
\5\ If 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.               
\6\ Dioxin-listed wastes are EPA Hazardous Waste numbers FO20, FO21,    
  FO22, FO23, FO26, and FO27.                                           
\7\ Thermal 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.                            
\8\ The demonstration ``Equivalent Technology'' under Sec.  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.                                                             
\9\ Any 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.                                                               


[57 FR 37277, Aug. 18, 1992, as amended at 59 FR 48103, Sept. 19, 1994]



Sec. 268.46  Alternative treatment standards based on HTMR.

    For the treatment standards previously found in this section, refer 
to Sec. 268.40.

[59 FR 48103, Sept. 19, 1994]



Sec. 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 Sec. 268.2(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.

                                          Universal Treatment Standards                                         
                                        [Note: NA means not applicable.]                                        
----------------------------------------------------------------------------------------------------------------
                                                               Wastewater           Nonwastewater standard      
                                                                standard    ------------------------------------
     Regulated constituent/common name       CAS \1\ number ----------------                                    
                                                              Concentration   Concentration in mg/kg \3\ unless 
                                                               in mg/l \2\          noted as ``mg/l TCLP''      
----------------------------------------------------------------------------------------------------------------
I. Organic constituents:                                                                                        
A2213......................................      30558-43-1        0.042     1.4                                
    Acenaphthene...........................         83-32-9        0.059     3.4                                
    Acenaphthylene.........................        208-96-8        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                                 
    Aldicarb sulfone.......................       1646-88-4        0.056     0.28                               
    Aldrin.................................        309-00-2        0.021     0.066                              
    4-Aminobiphenyl........................         92-67-1        0.13      NA                                 
    Aniline................................         62-53-3        0.81      14                                 
    Anthracene.............................        120-12-7        0.059     3.4                                
    Aramite................................        140-57-8        0.36      NA                                 
    Barban.................................        101-27-9        0.056     1.4                                
    Bendiocarb.............................      22781-23-3        0.056     1.4                                
    Bendiocarb phenol......................      22961-82-6        0.056     1.4                                
    Benomyl................................      17804-35-2        0.056     1.4                                
    Benz(a)anthracene......................         56-55-3        0.059     3.4                                
    Benzal chloride........................         98-87-3        0.055     6.0                                
    Benzene................................         71-43-2        0.14      10                                 

[[Page 803]]

                                                                                                                
    Benzo(b)fluoranthene (difficult to             205-99-2        0.11      6.8                                
     distinguish from benzo(k)fluoranthene).                                                                    
    Benzo(k)fluoranthene (difficult to             207-08-9        0.11      6.8                                
     distinguish from benzo(b)fluoranthene).                                                                    
    Benzo(g,h,i)perylene...................        191-24-2        0.0055    1.8                                
    Benzo(a)pyrene.........................         50-32-8        0.061     3.4                                
        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                              
    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                                 
Butylate...................................       2008-41-5        0.042     1.4                                
    2-sec-Butyl-4,6-dinitrophenol/Dinoseb..         88-85-7        0.066     2.5                                
    Carbaryl...............................         63-25-2        0.006     0.14                               
    Carbenzadim............................      10605-21-7        0.056     1.4                                
    Carbofuran.............................       1563-66-2        0.006     0.14                               
    Carbofuran phenol......................       1563-38-8        0.056     1.4                                
    Carbon disulfide.......................         75-15-0        3.8       4.8 mg/l TCLP                      
    Carbon tetrachloride...................         56-23-5        0.057     6.0                                
    Carbosulfan............................      55285-14-8        0.028     1.4                                
    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                                
    2-Chloroethyl vinyl ether..............        110-75-8        0.062     NA                                 
    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                                 
    Chloromethane/Methyl chloride..........         74-87-3        0.19      30                                 
    2-Chloronaphthalene....................         91-58-7        0.055     5.6                                
    2-Chlorophenol.........................         95-57-8        0.044     5.7                                
    3-Chloropropylene......................        107-05-1        0.036     30                                 
    Chrysene...............................        218-01-9        0.059     3.4                                
    o-Cresol...............................         95-48-7        0.11      5.6                                
    m-Cresol (difficult to distinguish from        108-39-4        0.77      5.6                                
     p-cresol).                                                                                                 
    p-Cresol (difficult to distinguish from        106-44-5        0.77      5.6                                
     m-cresol).                                                                                                 
    m-Cumenyl methylcarbamate..............         64-00-6        0.056     1.4                                
Cycloate...................................       1134-23-2        0.042     1.4                                
    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                                 

[[Page 804]]

                                                                                                                
    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                                 
    Diethylene glycol, dicarbamate.........       5952-26-1        0.056     1.4                                
    p-Dimethylaminoazobenzene..............         60-11-7        0.13      NA                                 
    2-4-Dimethyl phenol....................        105-67-9        0.036     14                                 
    Dimethyl phthalate.....................        131-11-3        0.047     28                                 
    Dimetilan..............................        644-64-4        0.056     1.4                                
    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        122-39-4        0.92      13                                 
     from diphenylitrosamine).                                                                                  
    Diphenylnitrosamine (difficult to               86-30-6        0.92      13                                 
     distinguish from diphenylamine).                                                                           
    1,2-Diphenylhydrazine..................        122-66-7        0.087     NA                                 
    Disulfoton.............................        298-04-3        0.017     6.2                                
    Dithiocarbamates (total)...............        137-30-4        0.028     28                                 
    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........................       7421-93-4        0.025     0.13                               
EPTC.......................................        759-94-4        0.042     1.4                                
    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                                
    Ethyl methacrylate.....................         97-63-2        0.14      160                                
    Ethylene oxide.........................         75-21-8        0.12      NA                                 
    bis(2-Ethylhexyl) phthalate............        117-81-7        0.28      28                                 
    Famphur................................         52-85-7        0.017     15                                 
    Fluoranthene...........................        206-44-0        0.068     3.4                                
    Fluorene...............................         86-73-7        0.059     3.4                                
    Formetanate hydrochloride..............      23422-53-9        0.056     1.4                                
    Formparanate...........................      17702-57-7        0.056     1.4                                
    Heptachlor.............................         76-44-8        0.0012    0.066                              
    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                                
    Hexachloroethane.......................         67-72-1        0.055     30                                 
    Hexachloropropylene....................       1888-71-7        0.035     30                                 
    HxCDDs (All Hexachlorodibenzo-p-                     NA        0.000063  0.001                              
     dioxins).                                                                                                  
    HxCDFs (All Hexachlorodibenzofurans)...              NA        0.000063  0.001                              
    Indeno (1,2,3-c,d) pyrene..............        193-39-5        0.0055    3.4                                
    Iodomethane............................         74-88-4        0.19      65                                 
    3-lodo-2-propynyl n-butylcarbamate.....      55406-53-6        0.056     1.4                                
    Isobutyl alcohol.......................         78-83-1        5.6       170                                
    Isodrin................................        465-73-6        0.021     0.066                              
    Isolan.................................        119-38-0        0.056     1.4                                
    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                                
    Methiocarb.............................       2032-65-7        0.056     1.4                                

[[Page 805]]

                                                                                                                
    Methomyl...............................      16752-77-5        0.028     0.14                               
    Methoxychlor...........................         72-43-5        0.25      0.18                               
    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 methansulfonate.................         66-27-3        0.018     NA                                 
    Methyl parathion.......................        298-00-0        0.014     4.6                                
    3-Methylchlolanthrene..................         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                                 
    Metolcarb..............................       1129-41-5        0.056     1.4                                
    Mexacarbate............................        315-18-4        0.056     1.4                                
Molinate...................................       2212-67-1        0.042     1.4                                
    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                                 
    Oxamyl.................................      23135-22-0        0.056     0.28                               
    Parathion..............................         56-38-2        0.014     4.6                                
    Total PCBs (sum of all PCB isomers, or        1336-36-3        0.10      10                                 
     all Aroclors).                                                                                             
Pebulate...................................       1114-71-2        0.042     1.4                                
    Pentachlorobenzene.....................        608-93-5        0.055     10                                 
    PeCDDs (All Pentachlorodibenzo-p-                    NA        0.000063  0.001                              
     dioxins).                                                                                                  
    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                                
    o-Phenylenediamine.....................         95-54-5        0.056     5.6                                
    Phorate................................        298-02-2        0.021     4.6                                
    Phthalic acid..........................        100-21-0        0.055     28                                 
    Phthalic anhydride.....................         85-44-9        0.055     28                                 
    Physostigmine..........................         57-47-6        0.056     1.4                                
    Physostigmine salicylate...............         57-64-7        0.056     1.4                                
    Promecarb..............................       2631-37-0        0.056     1.4                                
    Pronamide..............................      23950-58-5        0.093     1.5                                
    Propham................................        122-42-9        0.056     1.4                                
    Propoxur...............................        114-26-1        0.056     1.4                                
Prosulfocarb...............................      52888-80-9        0.042     1.4                                
    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-                     NA        0.000063  0.001                              
     dioxins).                                                                                                  
    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                                
    Thiodicarb.............................      59669-26-0        0.019     1.4                                
    Thiophanate-methyl.....................      23564-05-8        0.056     1.4                                
    Tirpate................................      26419-73-8        0.056     0.28                               
    Toluene................................        108-88-3        0.080     10                                 

[[Page 806]]

                                                                                                                
    Toxaphene..............................       8001-35-2        0.0095    2.6                                
Triallate..................................       2303-17-5        0.042     1.4                                
    Tribromomethane/Bromoform..............         75-25-2        0.63      15                                 
    1, 2, 4-Trichlorobenzene...............        120-82-1        0.055     19                                 
    1,1,1-Trichlorethane...................         71-55-6        0.054     6.0                                
    1,1,2-Trichlorethane...................         79-00-5        0.054     6.0                                
    Trichloroethylene......................         79-01-6        0.054     6.0                                
    Trichloromonofluoromethane.............         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-       93-.76-5        0.72      7.9                                
     T.                                                                                                         
    1,2,3-Trichloropropane.................         96-18-4        0.85      30                                 
    1,1,2-Trichloro-2,2,2-trifluoroethane..         76-13-1        0.057     30                                 
    Triethylamine..........................        101-44-8        0.081     1.5                                
    tris-(2,3-Dibromopropyl) phosphate.....        126-72-7        0.11      0.10                               
Vernolate..................................       1929-77-7        0.042     1.4                                
    Vinyl chloride.........................         75-01-4        0.27      6.0                                
    Xylenes-mixed isomers (sum of o-,m-,          1330-20-7        0.32      30                                 
     and p-xylene concentrations).                                                                              
II. Inorganic Constituents:                                                                                     
    Antimony...............................       7440-36-0        1.9       2.1 mg/l TCLP                      
    Arsenic................................       7440-38-2        1.4        5.0 mg/l TCLP                     
    Barium.................................       7440-39-3        1.2       7.6 mg/l TCLP                      
    Beryllium..............................       7440-41-7        0.82      0.014 mg/l TCLP                    
    Cadmium................................       7440-43-9        0.69      0.19 mg/l TCLP                     
    Chromium (Total).......................       7440-47-3        2.77      0.86 mg/l TCLP                     
    Cyanides (Total) \4\...................         57-12-5        1.2       590                                
    Cyanides (Amenable) \4\................         57-12-5        0.86      30                                 
    Fluoride \5\...........................      16984-48-8       35         NA                                 
    Lead...................................       7439-92-1        0.69      0.37 mg/l TCLP                     
    Mercury--Nonwastewater from Retort.....       7439-97-6       NA         0.20 mg/l TCLP                     
    Mercury--All Others....................       7439-97-6        0.15      0.25 mg/l TCLP                     
    Nickel.................................       7440-02-0        3.98      5.0 mg/l TCLP                      
    Selenium...............................       7782-49-2        0.82      0.16 mg/l TCLP                     
    Silver.................................       7440-22-4        0.43      0.30 mg/l TCLP                     
    Sulfide................................      18496-25-8       14         NA                                 
    Thallium...............................       7440-28-0        1.4       0.78 mg/l TCLP                     
    Vanadium \4\...........................       7440-62-2        4.3       0.23 mg/l TCLP                     
    Zinc \5\...............................       7440-66-6        2.61      5.3 mg/l TCLP                      
----------------------------------------------------------------------------------------------------------------
Notes to table:                                                                                                 
\1\ CAS means Chemical Abstract Services. When the waste code and/or regulated constituents are described as a  
  combination of a chemical with it's 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 40 CFR part 264, subpart O or 40 CFR part 265, subpart 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 40 CFR          
  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 9010 or    
  9012, found in ``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods'', EPA Publication SW-846,
  as incorporated by reference in 40 CFR 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 Sec.  268.2(i).                                                                                 


    (b) [Reserved]

[59 FR 48103, Sept. 19, 1994, as amended by 60 FR 302, Jan. 3, 1995; 61 
FR 15654, Apr. 8, 1996; 61 FR 33690, June 28, 1996]

[[Page 807]]



                   Subpart E--Prohibitions on Storage



Sec. 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 subpart C of this part 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 Sec. 262.34 and parts 264 and 265 of this chapter.
    (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 
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 Sec. 264.73 or 
Sec. 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) A 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 Sec. 268.5, an approved Sec. 268.6 
petition, or a national capacity variance under subpart 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 
Secs. 268.41, 268.42, and 268.43 or the treatment standards specified 
under the variance in Sec. 268.44, or, where treatment standards have 
not been specified, is in compliance with the applicable prohibitions 
specified in Sec. 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 part 
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 Sec. 268.32 of this part.

[51 FR 40642, Nov. 7, 1986; 52 FR 21017, June 4, 1987, as amended at 52 
FR 25791, July 8, 1987; 54 FR 36972, Sept. 6, 1989; 57 FR 37281, Aug. 
18, 1992]

   Appendix I to Part 268--Toxicity Characteristic Leaching Procedure 
                                 (TCLP)

    Note: The TCLP (Method 1311) is published in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-
846, as incorporated by reference in Sec. 260.11 of this chapter.

[58 FR 46051, Aug. 31, 1993]

[[Page 808]]

  Appendix II--Treatment Standards (As Concentrations in the Treatment 
                            Residual Extract)

    Note: The treatment standards for F001-F005 Spent Solvent Wastes 
appear in Secs. 268.41, 268.42, 268.43.

[57 FR 37281, Aug. 18, 1992]

    Appendix III to Part 268--List of Halogenated Organic Compounds 
                       Regulated Under Sec. 268.32

    In determining the concentration of HOCs in a hazardous waste for 
purposes of the Sec. 268.32 land disposal prohibition, EPA has defined 
the HOCs that must be included in the calculation as any compounds 
having a carbon-halogen bond which are listed in this appendix (see 
Sec. 268.2). Appendix III to part 268 consists of the following 
compounds:

                                Volatiles

Bromodichloromethane
Bromomethane
Carbon Tetrachloride
Chlorobenzene
2-Chloro-1,3-butadiene
Chlorodibromomethane
Chloroethane
2-Chloroethyl vinyl ether
Chloroform
Chloromethane
3-Chloropropene
1,2-Dibromo-3-chloropropane
1,2-Dibromomethane
Dibromomethane
Trans-1,4-Dichloro-2-butene
Dichlorodifluoromethane
1,1-Dichloroethane
1,2-Dichloroethane
1,1-Dichloroethylene
Trans-1,2-Dichloroethene
1,2-Dichloropropane
Trans-1,3-Dichloropropene
cis-1,3-Dichloropropene
Iodomethane
Methylene chloride
1,1,1,2-Tetrachloroethane
1,1,2,2-Tetrachloroethane
Tetrachloroethene
Tribromomethane
1,1,1-Trichloroethane
1,1,2-Trichloroethane
Trichloroethene
Trichloromonofluoromethane
1,2,3-Trichloropropane
Vinyl chloride

                              Semivolatiles

Bis(2-chloroethoxy)ethane
Bis(2-chloroethyl)ether
Bis(2-chloroisopropyl) ether
p-Chloroaniline
Chlorobenzilate
p-Chloro-m-cresol
2-Chloronaphthalene
2-Chlorophenol
3-Chloropropionitrile
m-Dichlorobenzene
o-Dichlorobenzene
p-Dichlorobenzene
3,3'-Dichlorobenzidine
2,4-Dichlorophenol
2,6-Dichlorophenol
Hexachlorobenzene
Hexachlorobutadiene
Hexachlorocyclopentadiene
Hexachloroethane
Hexachloroprophene
Hexachloropropene
4,4'-Methylenebis(2-chloroaniline)
Pentachlorobenzene
Pentachloroethane
Pentachloronitrobenzene
Pentachlorophenol
Pronamide
1,2,4,5-Tetrachlorobenzene
2,3,4,6-Tetrachlorophenol
1,2,4-Trichlorobenzene
2,4,5-Trichlorophenol
2,4,6-Trichlorophenol
Tris(2,3-dibromopropyl)phosphate

                        Organochlorine Pesticides

Aldrin
alpha-BHC
beta-BHC
delta-BHC
gamma-BHC
Chlordane
DDD
DDE
DDT
Dieldrin
Endosulfan I
Endosulfan II
Endrin
Endrin aldehyde
Heptachlor
Heptachlor epoxide
Isodrin
Kepone
Methoxyclor
Toxaphene

                      Phenoxyacetic Acid Herbicides

2,4-Dichlorophenoxyacetic acid
Silvex
2,4,5-T

                                  PCBs

Aroclor 1016
Aroclor 1221
Aroclor 1232
Aroclor 1242
Aroclor 1248
Aroclor 1254
Aroclor 1260
PCBs not otherwise specified

[[Page 809]]

                           Dioxins and Furans

Hexachlorodibenzo-p-dioxins
Hexachlorodibenzofuran
Pentachlorodibenzo-p-dioxins
Pentachlorodibenzofuran
Tetrachlorodibenzo-p-dioxins
Tetrachlorodibenzofuran
2,3,7,8-Tetrachlorodibenzo-p-dioxin

[52 FR 25791, July 8, 1987]

   Appendix IV to Part 268--Wastes Excluded From Lab Packs Under the 
            Alternative Treatment Standards of Sec. 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 Sec. 268.42(c): D009, F019, K003, K004, K005, K006, K062, 
K071, K100, K106, P010, P011, P012, P076, P078, U134, U151.

[59 FR 48107 Sept. 19, 1994]

                    Appendix V to Part 268 [Reserved]

      Appendix VI to Part 268--Recommended Technologies to Achieve 
            Deactivation of Characteristics in Section 268.42

    The treatment standard for many subcategories of D001, D002, and 
D003 wastes as well as for K044, K045, and K047 wastes is listed in 
268.42 simply as ``Deactivation to remove the characteristics of 
ignitability, corrosivity, and reactivity''. EPA has determined that 
many technologies, when used alone or in combination, can achieve this 
standard. The following appendix presents a partial list of these 
technologies, utilizing the five letter technology codes established in 
40 CFR 268.42 Table 1. 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 
these alternative methods are not performed in units designated as land 
disposal.

[[Page 810]]



----------------------------------------------------------------------------------------------------------------
            Waste code/subcategory                            Nonwastewaters                    Wastewaters     
----------------------------------------------------------------------------------------------------------------
D001 Ignitable Liquids based on 261.21(a)(1)--  RORGS....................................  n.a.                 
 Low TOC Nonwastewater Subcategory (containing  INCIN....................................                       
 1% to <10% TOC).                               WETOX....................................                       
                                                CHOXD....................................                       
                                                BIODG....................................                       
D001 Ignitable Liquids based on 261.21(a)(1)--  n.a......................................  RORGS                
 Ignitable Wastewater Subcategory (containing                                              INCIN                
 <1% TOC).                                                                                 WETOX                
                                                                                           CHOXD                
                                                                                           BIODG                
D001 Compressed Gases based on 261.21(A)(3)...  RCGAS....................................  n.a.                 
                                                INCIN....................................                       
                                                FSUBS....................................                       
                                                ADGAS fb. INCIN..........................                       
                                                ADGAS fb. (CHOXD; or CHRED)..............                       
D001 Ignitable Reactives based on 261.21(a)(2)  WTRRX....................................  n.a.                 
                                                CHOXD....................................                       
                                                CHRED....................................                       
                                                STABL....................................                       
                                                INCIN....................................                       
D001 Ignitable Oxidizers based on 261.21(a)(4)  CHRED....................................  CHRED                
                                                INCIN....................................  INCIN                
D002 Acid Subcategory based on 261.22(a)(1)     RCORR....................................  NEUTR                
 with pH less than or equal to 2.               NEUTR....................................  INCIN                
                                                INCIN....................................                       
D002 Alkaline Subcategory based on              NEUTR....................................  NEUTR                
 261.22(a)(1) with pH greater than or equal to  INCIN....................................  INCIN                
 12.5.                                                                                                          
D002 Other Corrosives based on 261.22(a)(2)...  CHOXD....................................  CHOXD                
                                                CHRED....................................  CHRED                
                                                INCIN....................................  INCIN                
                                                STABL....................................                       
D003 Water Reactives based on 261.23(a) (2),    INCIN....................................  n.a.                 
 (3), and (4).                                  WTRRX....................................                       
                                                CHOXD....................................                       
                                                CHRED....................................                       
D003 Reactive Sulfides based on 261.23(a)(5)..  CHOXD....................................  CHOXD                
                                                CHRED....................................  CHRED                
                                                INCIN....................................  BIODG                
                                                STABL....................................  INCIN                
D003 Explosives based on 261.23(a) (6), (7),    INCIN....................................  INCIN                
 and (8).                                       CHOXD....................................  CHOXD                
                                                CHRED....................................  CHRED                
                                                                                           BIODG                
                                                                                           CARBN                

[[Page 811]]

                                                                                                                
D003 Other Reactives based on 261.23(a)(1)....  INCIN....................................  INCIN                
                                                CHOXD....................................  CHOXD                
                                                CHRED....................................  CHRED                
                                                                                           BIODG                
                                                                                           CARBN                
K044 Wastewater treatment sludges from the      CHOXD....................................  CHOXD                
 manufacturing and processing of explosives.    CHRED....................................  CHRED                
                                                INCIN....................................  BIODG                
                                                                                           CARBN                
                                                                                           INCIN                
K045 Spent carbon from the treatment of         CHOXD....................................  CHOXD                
 wastewaters containing explosives.             CHRED....................................  CHRED                
                                                INCIN....................................  BIODG                
                                                                                           CARBN                
                                                                                           INCIN                
K047 Pink/red water from TNT operations.......  CHOXD....................................  CHOXD                
                                                CHRED....................................  CHRED                
                                                INCIN....................................  BIODG                
                                                                                           CARBN                
                                                                                           INCIN                
----------------------------------------------------------------------------------------------------------------
Note: ``n.a.'' stands for ``not applicable''; ``fb.'' stands for ``followed by''.                               


[55 FR 22714, June 1, 1990]                                                                                     
                                                                                                                


[[Page 812]]

                        Appendix VII to Part 268

   Table 1.--Effective Dates of Surface Disposed Wastes (Non-Soil and   
           Debris) Regulated in the LDRs a--Comprehensive List          
------------------------------------------------------------------------
         Waste code              Waste category        Effective date   
------------------------------------------------------------------------
California list.............  Liquid hazardous      July 8, 1987.       
                               wastes, including                        
                               free liquids                             
                               associated with                          
                               solid or sludge,                         
                               containing free                          
                               cyanides at                              
                               concentrations                           
                               greater than or                          
                               equal to 1,000 mg/l                      
                               or certain metals                        
                               or compounds of                          
                               these metals                             
                               greater than or                          
                               equal to the                             
                               prohibition levels.                      
California list.............  Liquid (aqueous)      July 8, 1987.       
                               hazardous wastes                         
                               having a pH less                         
                               than or equal to 2.                      
California list.............  Dilute HOC            July 8, 1987.       
                               wastewaters,                             
                               defined as HOC-                          
                               waste mixtures that                      
                               are primarily water                      
                               and that contain                         
                               greater than or                          
                               equal to 1,000 mg/l                      
                               but less than                            
                               10,000 mg/l.                             
California list.............  Liquid hazardous      July 8, 1987.       
                               waste containing                         
                               PCBs greater than                        
                               or equal to 50 ppm.                      
California list.............  Other liquid and      Nov. 8, 1988.       
                               nonliquid hazardous                      
                               wastes containing                        
                               HOCs in total                            
                               concentration                            
                               greater than or                          
                               equal to 1,000 mg.                       
D001........................  All.................  Aug. 8, 1990.       
D002........................  All.................  Aug. 8, 1990.       
D003........................  All.................  Aug. 8, 1990.       
D004........................  Wastewater..........  Aug. 8, 1990.       
D004........................  Nonwastewater.......  May 8, 1992.        
D005........................  All.................  Aug. 8, 1990.       
D006........................  All.................  Aug. 8, 1990.       
D007........................  All.................  Aug. 8, 1990.       
D008........................  Lead materials        May 8, 1992.        
                               before secondary                         
                               smelting.                                
D008........................  All others..........  Aug. 8, 1990.       
D009........................  Nonwastewater.......  May 8, 1992.        
D009........................  All others..........  Aug. 8, 1990.       
D010........................  All.................  Aug. 8, 1990.       
D011........................  All.................  Aug. 8, 1990.       
D012........................  All.................  Aug. 8, 1990.       
D013........................  All.................  Aug. 8, 1990.       
D014........................  All.................  Aug. 8, 1990.       
D015........................  All.................  Aug. 8, 1990.       
D016........................  All.................  Aug. 8, 1990.       
D017........................  All.................  Aug. 8, 1990.       
F001........................  Small quantity        Nov. 8, 1988.       
                               generators, CERCLA                       
                               response/RCRA                            
                               corrective action,                       
                               initial generator's                      
                               solvent-water                            
                               mixtures, solvent-                       
                               containing sludges                       
                               and solids.                              
F001........................  All others..........  Nov. 8, 1986.       
F002 (1,1,2-trichloroethane)  Wastewater and        Aug. 8, 1990.       
                               Nonwastewater.                           
F002........................  Small quantity        Nov. 8, 1988.       
                               generators, CERCLA                       
                               response/RCRA                            
                               corrective action,                       
                               initial generator's                      
                               solvent-water                            
                               mixtures, solvent-                       
                               containing sludges                       
                               and solids.                              
F002........................  All others..........  Nov. 8, 1986.       
F003........................  Small quantity        Nov. 8, 1988.       
                               generators, CERCLA                       
                               response/RCRA                            
                               corrective action,                       
                               initial generator's                      
                               solvent-water                            
                               mixtures, solvent-                       
                               containing sludges                       
                               and solids.                              
F003........................  All others..........  Nov. 8, 1986.       
F004........................  Small quantity        Nov. 8, 1988.       
                               generators, CERCLA                       
                               response/RCRA                            
                               corrective action,                       
                               initial generator's                      
                               solvent-water                            
                               mixtures, solvent-                       
                               containing sludges                       
                               and solids.                              
F004........................  All others..........  Nov. 8, 1986.       
F005 (benzene, 2-ethoxy       Wastewater and        Aug. 8, 1990.       
 ethanol, 2-nitropropane).     Nonwastewater.                           
F005........................  Small quantity        Nov. 8, 1988.       
                               generators, CERCLA                       
                               response/RCRA                            
                               corrective action,                       
                               initial generator's                      
                               solvent-water                            
                               mixtures, solvent-                       
                               containing sludges                       
                               and solids.                              
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.       

[[Page 813]]

                                                                        
F021........................  All.................  Nov. 8, 1988.       
F022........................  All.................  Nov. 8, 1988.       
F023........................  All.................  Nov. 8, 1988.       
F024 (metals)...............  Wastewater..........  June 8, 1989.       
F024 (metals)...............  Nonwastewater.......  Aug. 8, 1990.       
F024 b......................  All others..........  June 8, 1989.       
F025........................  All.................  Aug. 8, 1990.       
F026........................  All.................  Nov. 8, 1988.       
F027........................  All.................  Nov. 8, 1988.       
F028........................  All.................  Nov. 8, 1988.       
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 c......................  Nonwastewater.......  Aug. 8, 1988.       
K005........................  Wastewater..........  Aug. 8, 1990.       
K005 c......................  Nonwastewater.......  June 8, 1989.       
K006........................  All.................  Aug. 8, 1990.       
K007........................  Wastewater..........  Aug. 8, 1990.       
K007 c......................  Nonwastewater.......  June 8, 1989.       
K008........................  Wastewater..........  Aug. 8, 1990.       
K008 c......................  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 c......................  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 c......................  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 c......................  Nonwastewater.......  Aug. 8, 1988.       
K037 b......................  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.       

[[Page 814]]

                                                                        
K044 c......................  All.................  Aug. 8, 1988.       
K045 c......................  All.................  Aug. 8, 1988.       
K046 (Nonreactive)..........  Nonwastewater.......  Aug. 8, 1988.       
K046........................  All others..........  Aug. 8, 1990.       
K047 c......................  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 c......................  Nonwastewater.......  Aug. 8, 1988.       
K061........................  Wastewater..........  Aug. 8, 1990.       
K061 (low zinc) (interim      Nonwastewater.......  Aug. 8, 1988.       
 standard for high zinc                                                 
 remains in effect until                                                
 August 7, 1991).                                                       
K062........................  All.................  Aug. 8, 1988.       
K069 (Non-Calcium Sulfate) c  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.       
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 c......................  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.        
K113........................  All.................  June 8, 1989.       
K114........................  All.................  June 8, 1989.       
K115........................  All.................  June 8, 1989.       
K116........................  All.................  June 8, 1989.       
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.       

[[Page 815]]

                                                                        
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.       

[[Page 816]]

                                                                        
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.       
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.       

[[Page 817]]

                                                                        
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 8, 1989.       
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.       
U101........................  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.       

[[Page 818]]

                                                                        
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.       

[[Page 819]]

                                                                        
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.................  Aug. 8, 1990.       
U196........................  All.................  Aug. 8, 1990.       
U197........................  All.................  Aug. 8, 1990.       
U200........................  All.................  Aug. 8, 1990.       
U201........................  All.................  Aug. 8, 1990.       
U202........................  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.       
------------------------------------------------------------------------
a This table does not include mixed radioactive wastes (from the First, 
  Second, and Third rules) which are receiving a national capacity      
  variance until May 8, 1992, for all applicable treatment technologies.
  This table also does not include contaminated soil and debris wastes. 
b The standard has been revised in the Third Third Final Rule.          
c No land disposal standard has been revised in the Third Third Final   
  Rule.                                                                 


    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)  Nov. 8, 1990.                                      
 containing soil and debris from CERCLA response of RCRA                                                        
 corrective actions.                                                                                            
2. Soil and debris not from CERCLA response or RCRA          Nov. 8, 1988.                                      
 corrective actions contaminated with less than 1% total                                                        
 solvents (F001-F005) or dioxins (F020-F023 and F026-F028).                                                     
3. Soil and debris contaminated with California list HOCs    Nov. 8, 1990.                                      
 from CERCLA response or RCRA corrective actions.                                                               
4. Soil and debris contaminated with California list HOCs    July 8, 1989.                                      
 not from CERCLA response or RCRA corrective actions.                                                           

[[Page 820]]

                                                                                                                
5. All soil and debris contaminated with First Third wastes  Aug. 8, 1990.                                      
 for which treatment standards are based on incineration.                                                       
6. All soil and debris contaminated with Second Third        June 8, 1991.                                      
 wastes for which treatment standards are based on                                                              
 incineration.                                                                                                  
7. All soil and debris contaminated with Third Third wastes  May 8, 1992.                                       
 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.                                                        
----------------------------------------------------------------------------------------------------------------

    Note: 1. Appendix VII is provided for the convenience of the reader.
    2. Contaminated Soil and Debris Rule will be promulgated in the 
future.

[56 FR 3912, Jan. 31, 1991]

   Appendix VIII to Part 268--National Capacity LDR Variances for UIC   
                                Wastes a                                
------------------------------------------------------------------------
         Waste code              Waste category         Effective date  
------------------------------------------------------------------------
F001-F005..................  All spent F001-F005     Aug. 8, 1990.      
                              solvent containing                        
                              less than 1 percent                       
                              total F001-F005                           
                              solvent constituents.                     
California list............  Liquid hazardous        Aug. 8, 1990.      
                              wastes, including                         
                              free liquids                              
                              associated with any                       
                              solid or sludge,                          
                              containing free                           
                              cyanides at                               
                              concentrations                            
                              greater than or equal                     
                              to 1,000 mg/l, or                         
                              containing certain                        
                              metals or compounds                       
                              of these metals                           
                              greater than or equal                     
                              to the prohibition                        
                              levels.                                   
California list............  Liquid hazardous waste  Aug. 8, 1990.      
                              having a pH less than                     
                              or equal to 2.                            
California list............  Hazardous wastes        Aug. 8, 1990.      
                              containing HOCs in                        
                              total concentrations                      
                              less than 10,000 mg/l                     
                              but greater than or                       
                              equal to 1,000 mg/l.                      
D002 b.....................  All...................  May 8, 1992.       
D003 (cyanides)............  All...................  May 8, 1992.       
D003 (sulfides)............  All...................  May 8, 1992.       
D003 (explosives,            All...................  May 8, 1992.       
 reactives).                                                            
D007.......................  All...................  May 8, 1992.       
D009.......................  Nonwastewater.........  May 8, 1992.       
F007.......................  All...................  June 8, 1991.      
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.      
K104.......................  All...................  Aug. 8, 1990.      
------------------------------------------------------------------------
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.                

    Note: This table is provided for the convenience of the reader.

[56 FR 3920, Jan. 31, 1991]

Appendix IX to Part 268--Extraction Procedure (EP) Toxicity Test Method 
               and Structural Integrity Test (Method 1310)

    Note: The EP (Method 1310) is published in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-
846, as incorporated by reference in Sec. 260.11 of this chapter.

[58 FR 46051, Aug. 31, 1993]

[[Page 821]]

Pt. 268, App. X

             Appendix X to Part 268--Recordkeeping, Notification, and/or Certification Requirements             
----------------------------------------------------------------------------------------------------------------
                                                                                               Recordkeeping,   
                                                                           Recipient of     notification, and/or
            Entity                 Scenario             Frequency          notification        certification    
                                                                                                requirements    
----------------------------------------------------------------------------------------------------------------
I. Generator.................  A. Waste does     Each shipment.........  Treatment or      Notice must include: 
                                not meet                                  storage             EPA       
                                applicable                                facility.         hazardous waste     
                                treatment                                                   number.             
                                standards or                                                  Constituen
                                exceeds                                                     ts of concern.      
                                applicable                                                    Treatabili
                                prohibition                                                 ty group.           
                                levels (see                                                   Manifest  
                                Sec.  268.7(a)(                                             number.             
                                1)).                                                          Waste     
                                                                                            analysis data (where
                                                                                            available).         
                               B. Waste can be   Each shipment.........  Land disposal     Notice and           
                                disposed of                               facility.         certification       
                                without further                                             statement that waste
                                treatment                                                   meets applicable    
                                (meets                                                      treatment standards 
                                applicable                                                  or applicable       
                                treatment                                                   prohibition levels. 
                                standards or                                               Notice must include: 
                                does not exceed                                               EPA       
                                prohibition                                                 hazardous waste     
                                levels upon                                                 number.             
                                generation)                                                   Constituen
                                (see Sec.                                                   ts of concern.      
                                268.7(a)(2)).                                                 Treatabili
                                                                                            ty group.           
                                                                                              Manifest  
                                                                                            number.             
                                                                                              Waste     
                                                                                            analysis data (where
                                                                                            available).         
                                                                                           Certification        
                                                                                            statement required  
                                                                                            under Sec.          
                                                                                            268.7(a)(2)(ii) that
                                                                                            waste complies with 
                                                                                            treatment standards 
                                                                                            and prohibitions.   
                               C. Waste is       Each shipment.........  Receiving         Notice must include: 
                                subject to                                facility.           Statement 
                                exemption from                                              that waste is not   
                                a prohibition                                               prohibited from land
                                on the type of                                              disposal.           
                                land disposal                                                 EPA       
                                utilized for                                                hazardous waste     
                                the waste, such                                             number.             
                                as a case-by-                                                 Constituen
                                case extension                                              ts of concern.      
                                under Sec.                                                    Treatabili
                                268.5, an                                                   ty group.           
                                exemption under                                               Manifest  
                                Sec.  268.6, or                                             number.             
                                a nationwide                                                  Waste     
                                capacity                                                    analysis data (where
                                variance (see                                               available).         
                                Sec.  268.7(a)(                                               Date the  
                                3)).                                                        waste is subject to 
                                                                                            the prohibitions.   
                               D. Waste is       Minimum of 30 days      EPA Regional      Generator must       
                                being             prior to treatment      Administrator     develop, keep on-   
                                accumulated in    activity.               (or designated    site, and follow a  
                                tanks or                                  representative)   written waste       
                                containers                                or authorized     analysis plan       
                                regulated under                           State. Delivery   describing          
                                40 CFR 262.34                             must be           procedures used to  
                                and is being                              verified.         comply with the     
                                treated in such                                             treatment standards.
                                tanks or                                                   If waste is shipped  
                                containers to                                               off-site, generator 
                                meet applicable                                             also must comply    
                                treatment                                                   with notification   
                                standards (see                                              requirement of Sec. 
                                Sec.  268.7(a)(                                             268.7(a)(2).        
                                4)).                                                                            
                               E. Generator is   Each shipment.........  Treatment         Notice in accordance 
                                managing a lab                            facility.         with Sec.           
                                pack containing                                             268.7(a)(1), (a)(5),
                                certain wastes                                              and (a)(6), where   
                                and wishes to                                               applicable.         
                                use an                                                     Certification in     
                                alternative                                                 accordance with Sec.
                                treatment                                                    268.7(a)(8).       
                                standard (see                                                                   
                                Sec.  268.7(a)(                                                                 
                                8)).                                                                            

[[Page 822]]

                                                                                                                
                               F. Small          Initial shipment......  Treatment         Must comply with     
                                quantity                                  facility.         applicable          
                                generators with                                             notification and    
                                tolling                                                     certification       
                                agreements                                                  requirements in Sec.
                                (pursuant to 40                                              268.7(a).          
                                CFR 262.20(e))                                             Generator also must  
                                (see Sec.                                                   retain copy of the  
                                268.7(a)(9)).                                               notification and    
                                                                                            certification       
                                                                                            together with       
                                                                                            tolling agreement on-
                                                                                            site for at least 3 
                                                                                            years after         
                                                                                            termination or      
                                                                                            expiration of       
                                                                                            agreement.          
                               G. Generator has  N/A...................  Generator's file  All supporting data  
                                determined                                                  must be retained on-
                                waste is                                                    site in generator's 
                                restricted                                                  files.              
                                based solely on                                                                 
                                his knowledge                                                                   
                                of the waste                                                                    
                                (see Sec.                                                                       
                                268.7(a)(5)).                                                                   
                               H. Generator has  N/A...................  Generator's file  All waste analysis   
                                determined                                                  data must be        
                                waste is                                                    retained on-site in 
                                restricted                                                  generator's files.  
                                based on                                                                        
                                testing waste                                                                   
                                or an extract                                                                   
                                (see Sec.                                                                       
                                268.7(a)(5)).                                                                   
                               I. Generator has  One-time..............  Generator's file  Notice of generation 
                                determined that                                             and subsequent      
                                waste is                                                    exclusion from the  
                                excluded from                                               definition of       
                                the definition                                              hazardous or solid  
                                of hazardous or                                             waste, or exemption 
                                solid waste or                                              from Subtitle C     
                                exempt from                                                 regulation, and     
                                Subtitle C                                                  information         
                                regulation (see                                             regarding the       
                                Sec.  268.7(a)(                                             disposition of the  
                                6)).                                                        waste.              
                               J. Generator (or  One-time..............  EPA Regional      Notice must include: 
                                treater) claims                           Administrator       Name and  
                                that hazardous                            or authorized     address of Subtitle 
                                debris is                                 State.            D facility receiving
                                excluded from                             Notification      treated debris.     
                                the definition                            must be updated     EPA       
                                of hazardous                              as necessary      hazardous waste     
                                waste under 40                            under Sec.        number and          
                                CFR 261.3(f)(1)                           268.7(d)(2).      description of      
                                (see Sec.                                                   debris as initially 
                                268.7(d)).                                                  generated.          
                                                                                              Technology
                                                                                            used to treat the   
                                                                                            debris (Table 1 of  
                                                                                            Sec.  268.45).      
                                                                                           Certification and    
                                                                                            recordkeeping in    
                                                                                            accordance with Sec.
                                                                                             268.7(d)(3).       
                               K. Generator (or  One-time..............  Generator's (or   Notice must include: 
                                treater) claims                           treater's)          Name and  
                                that                                      files and EPA     address of Subtitle 
                                characteristic                            Regional          D facility receiving
                                wastes are no                             Administrator     the waste.          
                                longer                                    or authorized       EPA       
                                hazardous (see                            State.            hazardous waste     
                                Sec.  268.9(d)).                          Notification      number and          
                                                                          must be updated   description of waste
                                                                          as necessary      as initially        
                                                                          under Sec.        generated.          
                                                                          268.9(d).           Treatabili
                                                                                            ty group.           
                                                                                              Underlying
                                                                                            hazardous           
                                                                                            constituents.       
                                                                                           Certification in     
                                                                                            accordance with Sec.
                                                                                             268.9(d)(2).       

[[Page 823]]

                                                                                                                
                               L. Other          N/A...................  Generator's file  Generator must retain
                                recordkeeping                                               a copy of all       
                                requirements                                                notices,            
                                (see Sec.                                                   certifications,     
                                268.7(a)(7)).                                               demonstrations,     
                                                                                            waste analysis data,
                                                                                            and other           
                                                                                            documentation       
                                                                                            produced pursuant to
                                                                                            Sec.  268.7 on-site 
                                                                                            for at least 5 years
                                                                                            from the date that  
                                                                                            the waste was last  
                                                                                            sent to on-site or  
                                                                                            off-site treatment, 
                                                                                            storage, or         
                                                                                            disposal. This      
                                                                                            period is           
                                                                                            automatically       
                                                                                            extended during     
                                                                                            enforcement actions 
                                                                                            or as requested by  
                                                                                            the Administrator.  
II. Treatment Facility.......  A. Waste shipped  Each shipment.........  Land disposal     Notice must include: 
                                from treatment                            facility.           EPA       
                                facility to                                                 hazardous waste     
                                land disposal                                               number.             
                                facility (see                                                 Constituen
                                Sec.  268.7(b)(                                             ts of concern.      
                                4), (b)(5)).                                                  Treatabili
                                                                                            ty group.           
                                                                                              Manifest  
                                                                                            number.             
                                                                                              Waste     
                                                                                            analysis data (where
                                                                                            available).         
                                                                                           Applicable           
                                                                                            certification, in   
                                                                                            accordance with Sec.
                                                                                             268.7(b)(5)(i),    
                                                                                            (ii) or (iii),      
                                                                                            stating that the    
                                                                                            waste or treatment  
                                                                                            residue has been    
                                                                                            treated in          
                                                                                            compliance with     
                                                                                            applicable treatment
                                                                                            standards and       
                                                                                            prohibitions.       
                               B. Waste          Each shipment.........  Receiving         Treatment, storage,  
                                treatment                                 facility.         or disposal facility
                                residue from a                                              must comply with all
                                treatment or                                                notice and          
                                storage                                                     certification       
                                facility will                                               requirements        
                                be further                                                  applicable to       
                                managed at a                                                generators.         
                                different                                                                       
                                treatment or                                                                    
                                storage                                                                         
                                facility (see                                                                   
                                Sec.  268.7(b)(                                                                 
                                6)).                                                                            
                               C. Where wastes   Each shipment.........  Regional          No notification to   
                                are recyclable                            Administrator     receiving facility  
                                materials used                            (or delegated     required pursuant to
                                in a manner                               representative).  Sec.  268.7(b)(4).  
                                constituting                                               Certification as     
                                disposal                                                    described in Sec.   
                                subject to Sec.                                             268.7(b)(5) and     
                                 266.20(b) (see                                             notice with         
                                Sec.  268.7(b)(                                             information listed  
                                7)).                                                        in Sec.             
                                                                                            268.7(b)(4), except 
                                                                                            manifest number.    
                                                                                           Recycling facility   
                                                                                            must keep records of
                                                                                            the name and        
                                                                                            location of each    
                                                                                            entity receiving    
                                                                                            hazardous waste-    
                                                                                            derived products.   
III. Land Disposal Facility..  A. Wastes         N/A...................  N/A.............  Maintain copies of   
                                accepted by                                                 notice and          
                                land disposal                                               certifications      
                                facility (see                                               specified in Sec.   
                                Sec.  268.7(c)).                                            268.7(a) and (b).   
----------------------------------------------------------------------------------------------------------------


[[Page 824]]

                        Certification Statements

    A. 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 and all applicable prohibitions set forth in 40 CFR 268.32 or 
RCRA section 3004(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 fine and imprisonment. (Sec. 268.7(a)(2)(ii))
    B. I certify under penalty of law that I personally have examined 
and am familiar with the waste and that the lab pack does not contain 
any wastes identified at Appendix IV to part 268. I am aware that there 
are significant penalties for submitting a false certification including 
possibility of fine or imprisonment.
    C. 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 that, 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 performance levels 
specified in 40 CFR part 268, subpart D, and all applicable prohibitions 
set forth in 40 CFR 268.32 or RCRA section 3004(d) without impermissible 
dilution of the prohibited waste. I am aware that there are significant 
penalties for submitting a false certification, including the 
possibility of fine and imprisonment. (Sec. 268.7(b)(5)(i))
    D. I certify under penalty of law that the waste has been treated in 
accordance with the requirements of 40 CFR 268.42. I am aware that there 
are significant penalties for submitting a false certification, 
including the possibility of fine and imprisonment. 
(Sec. 268.7(b)(5)(ii))
    E. 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 that, based on 
my inquiry of those individuals immediately responsible for obtaining 
this information, I believe that the nonwastewater organic constituents 
have been treated by incineration in units operated in accordance with 
40 CFR part 264, subpart O or 40 CFR part 265, subpart O, or by 
combustion in fuel substitution units operating in accordance with 
applicable technical requirements, and 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 that there are 
significant penalties for submitting a false certification, including 
the possibility of fine and imprisonment. (Sec. 268.7(b)(5)(iii))
    F. 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. This decharacterized waste contains underlying 
hazardous constituents that require further treatment to meet universal 
treatment standards. I am aware that there are significant penalties for 
submitting a false certification, including the possibility of fine and 
imprisonment. (Sec. 268.7(b)(5)(iv))
    G. I certify under penalty of law that the debris have been treated 
in accordance with the requirements of 40 CFR 268.45. am aware that 
there are significant penalties for making a false certification, 
including the possibility of fine and imprisonment. 
(Sec. 268.7(d)(3)(iii))

[59 FR 48107, Sept. 19, 1994, as amended at 60 FR 302, Jan. 3, 1995]

 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. 

[[Page 825]]

                                                                        
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 H3AsO4                      
P011.........................  Arsenic oxide As2O5                      
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 V2O5                      
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 40
  CFR part 264, subpart O; Part 265, subpart O; and/or 266, subpart H.  

[61 FR 15658, Apr. 8, 1996]



PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM--Table of Contents




                     Subpart A--General Information

Sec.
270.1  Purpose and scope of these regulations.
270.2  Definitions.
270.3  Considerations under Federal law.
270.4  Effect of a permit.
270.5  Noncompliance and program reporting by the Director.
270.6  References.

                      Subpart B--Permit Application

270.10  General application requirements.
270.11  Signatories to permit applications and reports.
270.12  Confidentiality of information.
270.13  Contents of part A of the permit application.
270.14  Contents of part B: General requirements.
270.15  Specific part B information requirements for containers.
270.16  Specific part B information requirements for tank systems.

[[Page 826]]

270.17  Specific part B information requirements for surface 
          impoundments.
270.18  Specific part B information requirements for waste piles.
270.19  Specific part B information requirements for incinerators.
270.20  Specific part B information requirements for land treatment 
          facilities.
270.21  Specific part B information requirements for landfills.
270.22  Specific part B information requirements for boilers and 
          industrial furnaces burning hazardous waste.
270.23  Specific part B information requirements for miscellaneous 
          units.
270.24  Specific part B information requirements for process vents.
270.25  Specific part B information requirements for equipment.
270.26  Special part B information requirements for drip pads.
270.27  Specific Part B information requirements for air emission 
          controls for tanks, surface impoundments, and containers.
270.28  [Reserved]
270.29  Permit denial.

                      Subpart C--Permit Conditions

270.30  Conditions applicable to all permits.
270.31  Requirements for recording and reporting of monitoring results.
270.32  Establishing permit conditions.
270.33  Schedules of compliance.

                      Subpart D--Changes to Permits

270.40  Transfer of permits.
270.41  Modification or revocation and reissuance of permits.
270.42  Permit modification at the request of the permittee.
270.43  Termination of permits.

            Subpart E--Expiration and Continuation of Permits

270.50  Duration of permits.
270.51  Continuation of expiring permits.

                   Subpart F--Special Forms of Permits

270.60  Permits by rule.
270.61  Emergency permits.
270.62  Hazardous waste incinerator permits.
270.63  Permits for land treatment demonstrations using field test or 
          laboratory analyses.
270.64  Interim permits for UIC wells.
270.65  Research, development, and demonstration permits.
270.66  Permits for boilers and industrial furnaces burning hazardous 
          waste.

                        Subpart G--Interim Status

270.70  Qualifying for interim status.
270.71  Operation during interim status.
270.72  Changes during interim status.
270.73  Termination of interim status.

    Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and 6974.

    Source: 48 FR 14228, Apr. 1, 1983, unless otherwise noted.



                     Subpart A--General Information



Sec. 270.1  Purpose and scope of these regulations.

    (a) Coverage. (1) These permit regulations establish provisions for 
the Hazardous Waste Permit Program under Subtitle C of the 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 part 271.
    (2) The regulations in this part cover basic EPA permitting 
requirements, such as application requirements, standard permit 
conditions, and monitoring and reporting requirements. These regulations 
are part of a regulatory scheme implementing RCRA set forth in different 
parts of the Code of Federal Regulations. The following chart indicates 
where the regulations implementing RCRA appear in the Code of Federal 
Regulations.

                                                                        
------------------------------------------------------------------------
         Section of RCRA               Coverage        Final regulation 
------------------------------------------------------------------------
SubtitleC.......................  Overview and        40 CFR part 260   
                                   definitions.                         
3001............................  Indentification     40 CFR part 261   
                                   and listing of                       
                                   hazardous waste.                     
3002............................  Generators of       40 CFR part 262   
                                   hazardous waste.                     
3003............................  Transporters of     40 CFR part 263   
                                   hazardous waste.                     
3004............................  Standards for HWM   40 CFR parts 264, 
                                   facilities.         265, 266, and 267
3005............................  Permit              40 CFR parts 270  
                                   requirements for    and 124          
                                   HWM facilities.                      
3006............................  Guidelines for      40 CFR part 271   
                                   State programs.                      
3010............................  Preliminary         (public notice) 45
                                   notification of     FR 12746 February
                                   HWM activity.       26, 1980         
------------------------------------------------------------------------


[[Page 827]]

    (3) Technical regulations. The RCRA permit program has separate 
additional Regulations that contain technical requirements. These 
separate regulations are used by permit issuing authorities to determine 
what requirements must be placed in permits if they are issued. These 
separate regulations are located in 40 CFR parts 264, 266, and 267.
    (b) Overview of the RCRA Permit Program. Not later than 90 days 
after the promulgation or revision of regulations in 40 CFR part 261 
(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 section 3010. Six months after the 
initial promulgation of the part 261 regulations, treatment, storage, or 
disposal of hazardous waste by any person who has not applied for or 
received a RCRA permit is prohibited. A RCRA permit application consists 
of two parts, part A (see Sec. 270.13) and part B (see Sec. 270.14 and 
applicable sections in Secs. 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 section 3005(e) of RCRA. 
Facility owners and operators with interim status are treated as having 
been issued a permit until EPA or a State with interim authorization for 
Phase II or final authorization under 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 analagous provisions of a State 
program which has received interim or final authorization under part 
271. 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 Secs. 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.
    (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 40 CFR part 261. The terms 
``treatment,'' ``storage,'' ``disposal,'' and ``hazardous waste'' are 
defined in Sec. 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 or operators of surface 
impoundments, landfills, land treatment units, and waste pile units that 
received wastes after July 26, 1982, or that certified closure 
(according to Sec. 265.115) after January 26, 1983, must have post-
closure permits, unless they demonstrate closure by removal as provided 
under Sec. 270.1(c) (5) and (6). If a post-closure permit is required, 
the permit must address applicable part 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 RCRA permits as well as permits under other programs for certain 
aspects of the facility operation. RCRA 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 
Sec. 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 a RCRA permit for the injection well itself if they comply

[[Page 828]]

with the requirements of Sec. 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 a RCRA permit for that waste if they comply with the 
requirements of Sec. 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 a RCRA permit for ocean disposal from 
the barge or vessel itself it they comply with the requirements of 
Sec. 270.60(a) (permit-by-rule for ocean disposal barges and vessels).
    (2) Specific exclusions. The following persons are among those who 
are not required to obtain a RCRA permit:
    (i) Generators who accumulate hazardous waste on-site for less than 
the time periods provided in 40 CFR 262.34.
    (ii) Farmers who dispose of hazardous waste pesticides from their 
own use as provided in Sec. 262.70 of this chapter;
    (iii) Persons who own or operate facilities solely for the 
treatment, storage or disposal of hazardous waste excluded from 
regulations under this part by 40 CFR 261.4 or 261.5 (small generator 
exemption).
    (iv) Owners or operators of totally enclosed treatment facilities as 
defined in 40 CFR 260.10.
    (v) Owners and operators of elementary neutralization units or 
wastewater treatment units as defined in 40 CFR 260.10.
    (vi) Transporters storing manifested shipments of hazardous waste in 
containers meeting the requirements of 40 CFR 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 Sec. 260.10 of this chapter) 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 Secs. 264.17(b), 
264.171, and 264.172 of this chapter are complied with.
    (viii) Universal waste handlers and universal waste transporters (as 
defined in 40 CFR 260.10) managing the wastes listed below. These 
handlers are subject to regulation under 40 part CFR 273.
    (A) Batteries as described in 40 CFR 273.2;
    (B) Pesticides as described in 40 CFR 273.3; and
    (C) Thermostats as described in 40 CFR 273.4.
    (3) Further exclusions. (i) A person is not required to obtain an 
RCRA 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.
    (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.
    (4) Permits for less than an entire facility. EPA 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 part 265 standards must obtain a post-closure 
permit unless they can demonstrate to the Regional Administrator that 
the closure met the standards for closure by removal or decontamination 
in Sec. 264.228, Sec. 264.280(e), or Sec. 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

[[Page 829]]

standards were met. If the Regional Administrator believes that Sec. 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 Regional 
Administrator for a determination that a post-closure permit is not 
required because the closure met the applicable part 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 264 closure-by-removal standard.
    (B) The Regional Administrator 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 
Sec. 270.1(c)(5), the Regional Administrator 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 Regional Administrator 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 part 265 closure to a part 264 
closure. The Regional Administrator 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 Regional Administrator will determine whether the part 265 
closure met 264 closure by removal or decontamination requirements 
within 90 days of its receipt. If the Regional Administrator finds that 
the closure did not meet the applicable part 264 standards, he/she will 
provide the owner/operator with a written statement of the reasons why 
the closure failed to meet part 264 standards. The owner/operator may 
submit additional information in support of an equivalency demonstration 
within 30 days after receiving such written statement. The Regional 
Administrator will review any additional information submitted and make 
a final determination within 60 days.
    (iii) If the Regional Administrator determines that the facility did 
not close in accordance with part 264 closure by removal standards, the 
facility is subject to post-closure permitting requirements.

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30113, June 30, 1983; 51 
FR 10176, Mar. 24, 1986; 52 FR 45798, Dec. 1, 1987; 53 FR 27165, July 
19, 1988; 54 FR 9607, Mar. 7, 1989; 56 FR 32692, July 17, 1991; 60 FR 
25542, May 11, 1995]



Sec. 270.2  Definitions.

    The following definitions apply to parts 270, 271 and 124. Terms not 
defined in this section have the meaning given by RCRA.
    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 Secs. 270.14 through 270.29 
(contents of part B of the RCRA application).
    Approved program or approved State means a State which has been 
approved or authorized by EPA under 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 40 CFR part 264.
    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

[[Page 830]]

pump seal, pump, kiln liner, kiln thermocouple).
    Corrective Action Management Unit or CAMU means an area within a 
facility that is designated by the Regional Administrator under part 264 
subpart S, for the purpose of implementing corrective action 
requirements under Sec. 264.101 and RCRA section 3008(h). 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 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 Regional Administrator or the State Director, as 
the context requires, or an authorized representative. When there is no 
approved State program, 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 Sec. 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 
Sec. 124.5, are types of draft permits. A denial of a request for 
modification, revocation and reissuance, or termination, as discussed in 
Sec. 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 Sec. 261.22 of this chapter, or 
are listed in subpart D of part 261 of this chapter only for this 
reason; and
    (b) Meets the definition of tank, tank system, container, transport 
vehicle, or vessel in Sec. 260.10 of this chapter.
    Emergency permit means a RCRA permit issued in accordance with 
Sec. 270.61.
    Environmental Protection Agency (EPA) means the United States 
Environmental Protection Agency.
    EPA means the United States Environmental Protection Agency.
    Existing hazardous waste management (HWM) facility or existing 
facility means a facility which was in operation or for which 
construction commenced on or before November 19, 1980. A facility has 
commenced construction if:
    (a) The owner or operator has obtained the Federal, State and local 
approvals or permits necessary to begin physical construction; and 
either
    (b)(1) A continuous on-site, physical construction program has 
begun; or
    (2) 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.
    Facility mailing list means the mailing list for a facility 
maintained by EPA in accordance with 40 CFR 124.10(c)(1)(ix).
    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 or 
ordinances.

[[Page 831]]

    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 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 40 CFR part 261.
    Ground water means water below the land surface in a zone of 
saturation.
    Hazardous waste means a hazardous waste as defined in 40 CFR 261.3.
    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 part 271, subpart B.
    Major facility means any facility or activity classified as such by 
the Regional Administrator, or, in the case of approved State programs, 
the Regional Administrator in conjunction with the State Director.
    Manifest means the shipping document originated and signed by the 
generator which contains the information required by subpart B of 40 CFR 
part 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 
CWA. 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 continguous 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.
    Owner or operator means the owner or operator of any facility or 
activity subject to regulation under RCRA.
    Permit means an authorization, license, or equivalent control 
document issued by EPA or an approved State to implement the 
requirements of this part and parts 271 and 124. Permit includes permit 
by rule (Sec. 270.60), and emergency permit (Sec. 270.61). Permit does 
not include RCRA interim status (subpart G of this part), or any permit 
which has not yet been the subject of final agency action, such as a 
draft permit or a proposed permit.
    Permit-by-rule means a provision of these regulations stating that a 
facility or activity is deemed to have a RCRA permit if it meets the 
requirements of the provision.
    Person means an individual, association, partnership, corporation, 
municipality, State or Federal agency, or an agent or employee thereof.
    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

[[Page 832]]

unsed 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 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 or 
the authorized representative of the Regional Administrator.
    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 regulations.
    SDWA means the Safe Drinking Water Act (Pub. L. 95-523, as amended 
by Pub. L. 95-1900; 42 U.S.C. 3001 et seq.).
    Site means the land or water area where any facility or activity is 
physically located or conducted, including adjacent land used in 
connection with the facility or activity.
    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 State 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 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 Clean Water Act; 
and
    (b) Receives and treats or stores an influent wastewater which is a 
hazardous waste as defined in Sec. 261.3 of this chapter, or generates 
and accumulates a wastewater treatment sludge which

[[Page 833]]

is a hazardous waste as defined in Sec. 261.3 of this chapter, or treats 
or stores a wastewater treatment sludge which is a hazardous waste as 
defined in Sec. 261.3 of this chapter; and
    (c) Meets the definition of tank or tank system in Sec. 260.10 of 
this chapter.

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30113, June 30, 1983; 53 
FR 34087, Sept. 2, 1988; 53 FR 37935, Sept. 28, 1988; 58 FR 8685, Feb. 
16, 1993; 60 FR 33914, June 29, 1995; 60 FR 63433, Dec. 11, 1995]



Sec. 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 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, 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 to ensure, in consultation with the Secretary of 
the Interior or Commerce, that any action authorized by EPA 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 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, 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]

(Clean Water Act (33 U.S.C. 1251 et seq.), Safe Drinking Water Act (42 
U.S.C. 300f et seq.), Clean Air Act (42 U.S.C. 7401 et seq.), Resource 
Conservation and Recovery Act (42 U.S.C. 6901 et seq.))

[48 FR 14228, Apr 1, 1983, as amended at 48 FR 39622, Sept. 1, 1983]



Sec. 270.4  Effect of a permit.

    (a) Compliance with a RCRA 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:
    (1) Become effective by statute;
    (2) Are promulgated under part 268 of this chapter restricting the 
placement of hazardous wastes in or on the land;
    (3) Are promulgated under part 264 of this chapter 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 Sec. 270.42 Class 1 permit modifications; or

[[Page 834]]

    (4) Are promulgated under subparts AA, BB, or CC of part 265 of this 
chapter limiting air emissions.
    (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 regulations.

[48 FR 14228, Apr. 1, 1983, as amended at 57 FR 3495, Jan. 29, 1992; 59 
FR 62952, Dec. 6, 1994]

    Effective Date Note: At 59 FR 62952, Dec. 6, 1994, in Sec. 270.4, 
paragraphs (a)(2) and (3) were revised, and paragraph (a)(4) was added. 
At 60 FR 26828, May 19, 1995, the effective date was delayed to Dec. 6, 
1995, at 60 FR 56952, Nov. 13, 1995, the effective date was delayed to 
June 6, 1996, and at 61 FR 28508, June 5, 1996, the effective date was 
further delayed to Oct. 6, 1996. For the convenience of the reader, the 
superseded material is set forth as follows:

Sec. 270.4  Effect of a permit.
    (a) * * *
    (2) Are promulgated under part 268 of this chapter restricting the 
placement of hazardous wastes in or on the land; or
    (3) Are promulgated under part 264 of this chapter 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 Sec. 270.42 Class 1* permit modifications.

                                * * * * *



Sec. 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 State 
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, RCRA 
permittees shall include RCRA 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; and
    (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

[[Page 835]]

Sec. 270.41 or Sec. 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 nonmajor RCRA 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 40 CFR part 261.
    (c) Schedule. (1) For all quarterly reports. On the last working day 
of May, August, November, and February, the State Director shall submit 
to the Regional Administrator information concerning noncompliance with 
RCRA 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, and March..............  \1\May 31                   
April, May, and June......................  \1\August 31                
July, August, and September...............  \1\November 30              
October, November, and December...........  \1\February 28              
                                                                        
\1\ Reports must be made available to the public for inspection and     
  copying on this date.                                                 


[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30113, June 30, 1983]



Sec. 270.6  References.

    (a) When used in part 270 of this chapter, the following 
publications are incorporated by reference: (See 40 CFR 260.11 
References)
    (b) The references listed in paragraph (a) of this section are also 
available for inspection at the Office of the Federal

[[Page 836]]

Register, 1100 L Street, NW., Washington, DC 20408. These incorporations 
by reference were approved by the Director of the Federal Register. 
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.

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30113, June 30, 1983; 52 
FR 8073, Mar. 16, 1987; 58 FR 46051, Aug. 31, 1993]



                      Subpart B--Permit Application



Sec. 270.10  General application requirements.

    (a) Permit application. Any person who is required to have a permit 
(including new applicants and permittees with expiring permits) shall 
complete, sign, and submit an application to the Director as described 
in this section and Secs. 270.70 through 270.73. Persons currently 
authorized with interim status shall apply for permits when required by 
the Director. Persons covered by RCRA permits by rule (Sec. 270.60), 
need not apply. Procedures for applications, issuance and administration 
of emergency permits are found exclusively in Sec. 270.61. Procedures 
for application, issuance and administration of research, development, 
and demonstration permits are found exclusively in Sec. 270.65.
    (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 RCRA permits shall 
provide information set forth in Sec. 270.13 and applicable sections in 
Secs. 270.14 through 270.29 to the Director, using the application form 
provided by the Director.
    (e) Existing HWM facilities and interim status qualifications. (1) 
Owners and operators of existing hazardous waste management facilities 
or of hazardous waste management facilities in existence on the 
effective date of statutory or regulatory amendments under the act that 
render the facility subject to the requirement to have a RCRA permit 
must submit part A of their permit application no later than:
    (i) Six months after the date of publication of regulations which 
first require them to comply with the standards set forth in 40 CFR part 
265 or 266, or
    (ii) Thirty days after the date they first become subject to the 
standards set forth in 40 CFR part 265 or 266, whichever first occurs.
    (iii) For generators generating greater than 100 kilograms but less 
than 1000 kilograms of hazardous waste in a calendar month and treats, 
stores, or disposes of these wastes on-site, by March 24, 1987.

    Note: For facilities which must comply with part 265 because they 
handle a waste listed in EPA's May 19, 1980, part 261 regulations (45 FR 
33006 et seq.), the deadline for submitting an application is November 
19, 1980. Where other existing facilities must begin in complying with 
part 265 or 266 at a later date because of revisions to part 260, 261, 
265, or 266, the Administrator will specify in the preamble to those 
revisions when those facilities must submit a permit application.

    (2) The Administrator may by publication in the Federal Register 
extend the date by which owners and operators of specified classes of 
existing hazardous waste management facilities must submit part A of 
their permit application if he finds that (i) there has been substantial 
confusion as to whether the owners and operators of such facilities were 
required to file a permit application and (ii) such confusion is 
attributed to ambiguities in EPA's parts 260, 261, 265, or 266 
regulations.
    (3) The Administrator may by compliance order issued under section 
3008 of RCRA extend the date by which the owner and operator of an 
existing hazardous waste management facility

[[Page 837]]

must submit part A of their permit application.
    (4) The owner or operator of an existing hazardous waste management 
facility may be required to submit part B of their permit application. 
The State Director may require submission of part B (or equivalent 
completion of the State RCRA application process) if the State in which 
the facility is located has received interim or final authorization; if 
not, the Regional Administrator may require submission of Part B. 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. Notwithstanding the above, any owner 
or operator of an existing hazardous waste management facility must 
submit a part B permit application in accordance with the dates 
specified in Sec. 270.73. Any owner or operator of a land disposal 
facility in existence on the effective date of statutory or regulatory 
amendments under this Act that render the facility subject to the 
requirement to have a RCRA permit must submit a part B application in 
accordance with the dates specified in Sec. 270.73.
    (5) 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 under part 124.
    (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 RCRA 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 part 264, subpart 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 Administrator under section (6)(e) 
of the 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 a RCRA permit to incinerate 
hazardous waste authorizing such facility to incinerate waste identified 
or listed under Subtitle C of RCRA.
    (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 
regulations under part 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 Sec. 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

[[Page 838]]

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) Reapplications. Any HWM facility with an effective permit shall 
submit a new application at least 180 days before the expiration date of 
the effective permit, unless permission for a later date has been 
granted by the Director. (The Director shall not grant permission for 
applications to be submitted later than the expiration date of the 
existing permit.)
    (i) Recordkeeping. Applicants shall keep records of all data used to 
complete permit applications and any supplemental information submitted 
under Secs. 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 dispose 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 
Secs. 270.32(b)(2) and 270.50(d) of this chapter.

[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983, as amended at 50 
FR 28751, July 15, 1985; 51 FR 10176, Mar. 24, 1986; 52 FR 45799, Dec. 
1, 1987; 54 FR 9607, Mar. 7, 1989; 60 FR 33914, June 29, 1995]



Sec. 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 decisionmaking 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: EPA does not require specific assignments or delegations of 
authority to responsible corporate officers identified in 
Sec. 270.11(a)(1)(i). The Agency 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 Sec. 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,

[[Page 839]]

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) Certification. Any person signing a document under paragraph (a) 
or (b) of this section shall make the following certification:

    I certify under penalty of law that this document and all 
attachments were prepared under my direction or supervision in 
accordance with 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 be 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.

(Clean Water Act (33 U.S.C. 1251 et seq.), Safe Drinking Water Act (42 
U.S.C. 300f et seq.), Clean Air Act (42 U.S.C. 7401 et seq.), Resource 
Conservation and Recovery Act (42 U.S.C. 6901 et seq.))

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 39622, Sept. 1, 1983]



Sec. 270.12  Confidentiality of information.

    (a) In accordance with 40 CFR part 2, any information submitted to 
EPA pursuant to these regulations may be claimed as confidential by the 
submitter. Any such claim must be asserted at the time of submission in 
the manner prescribed on the application form or instructions or, in the 
case of other submissions, by stamping the words ``confidential business 
information'' on each page containing such information. If no claim is 
made at the time of submission, EPA may make the information available 
to the public without further notice. If a claim is asserted, the 
information will be treated in accordance with the procedures in 40 CFR 
part 2 (Public Information).
    (b) Claims of confidentiality for the name and address of any permit 
applicant or permittee will be denied.



Sec. 270.13  Contents of part A of the permit application.

    Part A of the RCRA 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.

[[Page 840]]

    (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 40 CFR part 261 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.
    (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 
Sancturies 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.

[48 FR 14228, Apr. 1, 1983, as amended at 57 FR 37281, Aug. 18, 1992]



Sec. 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 Secs. 270.14 through 270.29 applicable to the facility. 
The part B information requirements presented in Secs. 270.14 through 
270.29 reflect the standards promulgated in 40 CFR part 264. These 
information requirements are necessary in order for EPA to determine 
compliance with the 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 Sec. 270.11. Certain technical data, 
such as design drawings and specifications, and engineering studies 
shall be certified by a registered professional engineer.
    (b) General information requirements. The following information is 
required for all HWM facilities, except as Sec. 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 part 264 of 
this chapter.
    (3) A copy of the waste analysis plan required by Sec. 264.13(b) 
and, if applicable Sec. 264.13(c).
    (4) A description of the security procedures and equipment required 
by

[[Page 841]]

Sec. 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 
Sec. 264.15(b). Include where applicable, as part of the inspection 
schedule, specific requirements in Secs. 264.174, 245.193(i), 264.195, 
264.226, 264.254, 264.273, 264.303, 264.602, 264.1033, 264.1052, 
264.1053, 264.1058, 264.1088, and 264.1091.
    (6) A justification of any request for a waiver(s) of the 
preparedness and prevention requirements of part 264, subpart C.
    (7) A copy of the contingency plan required by part 264, subpart D. 
Note: Include, where applicable, as part of the contingency plan, 
specific requirements in Secs. 264.227, 264.255, and 264.200.
    (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 Sec. 264.17 including documentation 
demonstrating compliance with Sec. 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 
[Sec. 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 part 264, no further information is required to demonstrate 
compliance with Sec. 264.18(a).]

    (ii) If the facility is proposed to be located in an area listed in 
appendix VI of part 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 with 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

[[Page 842]]

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: 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 parts 
270, 271, 124, and 264 through 266 of this chapter.
    (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 Sec. 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 Sec. 264.16. A brief description of how training will be 
designed to meet actual job tasks in accordance with requirements in 
Sec. 264.16(a)(3).
    (13) A copy of the closure plan and, where applicable, the post-
closure plan required by Secs. 264.112, 264.118, and 264.197. Include, 
where applicable, as part of the plans, specific requirements in 
Secs. 264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 264.351, 
264.601, and 264.603.
    (14) For hazardous waste disposal units that have been closed, 
documentation that notices required under Sec. 264.119 have been filed.
    (15) The most recent closure cost estimate for the facility prepared 
in accordance with Sec. 264.142 and a copy of the documentation required 
to demonstrate financial assurance under Sec. 264.143. For a new 
facility, a copy of

[[Page 843]]

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 Sec. 264.144 plus a copy of 
the documentation required to demonstrate financial assurance under 
Sec. 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 
Sec. 264.147. For a new facility, documentation showing the amount of 
insurance meeting the specification of Sec. 264.147(a) and, if 
applicable, Sec. 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 Sec. 264.147(c).
    (18) Where appropriate, proof of coverage by a State financial 
mechanism in compliance with Sec. 264.149 or Sec. 264.150.
    (19) A topographic map showing a distance of 1,000 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 intermittant 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).

    Note: For large HWM facilities the Agency 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 Regional Administrator to carry out his duties 
under other Federal laws as required in Sec. 270.3 of this part.
    (21) For land disposal facilities, if a case-by-case extension has 
been approved under Sec. 268.5 or a petition has been approved uner 
Sec. 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 Sec. 124.31(c).
    (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 Sec. 264.90(b) of this chapter:
    (1) A summary of the ground-water monitoring data obtained during 
the interim status period under Secs. 265.90 through 265.94, where 
applicable.

[[Page 844]]

    (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 
Sec. 264.95, the proposed location of ground-water monitoring wells as 
required under Sec. 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 part 264 
of this chapter, 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 Sec. 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 Sec. 264.98. This submission must address the following 
items specified under Sec. 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 Sec. 264.99. Except as provided 
in Sec. 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 Sec. 264.100, unless the owner or operator 
obtains written authorization in advance from the Regional Administrator 
to submit a proposed permit schedule for submittal of such a plan. To 
demonstrate compliance with Sec. 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 Secs. 264.97 and 
264.99;
    (iv) Proposed concentration limits for each hazardous constituent, 
based on the criteria set forth in Sec. 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 
Sec. 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 Sec. 264.94 
Table 1, or if ground water monitoring conducted at the time of permit 
application under Secs. 265.90 through 265.94 at the waste boundary 
indicates the presence of hazardous constituents from the facility

[[Page 845]]

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 
Sec. 264.100. However, an owner or operator is not required to submit 
information to establish a corrective action program if he demonstrates 
to the Regional Administrator that alternate concentration limits will 
protect human health and the environment after considering the criteria 
listed in Sec. 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 Sec. 264.99 and paragraph (c)(6) 
of this section. To demonstrate compliance with Sec. 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 Sec. 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 Regional 
Administrator 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, landsurface, 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.

[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983, as amended at 50 
FR 2006, Jan. 14, 1985; 51 FR 16458, May 2, 1986; 51 FR 40653, Nov. 7, 
1986; 52 FR 23450, July 9, 1987; 52 FR 25953, July 9, 1987; 52 FR 33936, 
Sept. 9, 1987; 52 FR 45799, Dec. 1, 1987; 52 FR 46965, Dec. 10, 1987; 54 
FR 617, Jan. 9, 1989; 55 FR 25517, June 21, 1990; 57 FR 37281, Aug. 18, 
1992; 59 FR 62952, Dec. 6, 1994; 60 FR 63433, Dec. 11, 1995]

    Effective Date Note: At 59 FR 62952, Dec. 6, 1994, in Sec. 270.14, 
paragraph (b)(5) was revised. At 60 FR 26828, May 19, 1995, the 
effective date was delayed to Dec. 6, 1995, at 60 FR 56952, Nov. 13, 
1995, the effective date was delayed to June 6, 1996, and at 61 FR 
28508, June 5, 1996, the effective date was further delayed to Oct. 6, 
1996. For the convenience of the reader, the superseded material is set 
forth as follows:

Sec. 270.14  Contents of part B: General requirements.

                                * * * * *

    (b) * * *
    (5) A copy of the general inspection schedule required by 
Sec. 270.15(b). Include, where applicable, as part of the inspection 
schedule, specific requirements in Secs. 264.174, 264.193(i), 264.195, 
264.226, 264.254, 264.273, 264.303, 264.602, 264.1033, 264.1052, 
264.1053, and 264.1058.

                                * * * * *



Sec. 270.15  Specific part B information requirements for containers.

    Except as otherwise provided in Sec. 264.170, owners or operators of 
facilities that store containers of hazardous

[[Page 846]]

waste must provide the following additional information:
    (a) A description of the containment system to demonstrate 
compliance with Sec. 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 
Sec. 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 
Sec. 264.176 (location of buffer zone and containers holding ignitable 
or reactive wastes) and Sec. 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 Secs. 264.177 (a) and (b), and 264.17 (b) and (c).
    (e) Information on air emission control equipment as required in 
Sec. 270.27.

[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983; 59 FR 62952, 
Dec. 6, 1994]

    Effective Date Note: At 59 FR 62952, Dec. 6, 1994, in Sec. 270.15, 
paragraph (e) was added. At 60 FR 26828, May 19, 1995, the effective 
date was delayed to Dec. 6, 1995, at 60 FR 56962, Nov. 13, 1995, the 
effective date was delayed to June 6, 1996, and at 61 FR 28508, June 5, 
1996, the effective date was further delayed to Oct. 6, 1996.



Sec. 270.16  Specific part B information requirements for tank systems.

    Except as otherwise provided in Sec. 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, registered professional engineer as to the 
structural integrity and suitability for handling hazardous waste of 
each tank system, as required under Secs. 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 Sec. 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 Sec. 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 Sec. 264.193 (a), (b), (c), (d), 
(e), and (f);
    (h) For tank systems for which a variance from the requirements of 
Sec. 264.193 is sought (as provided by Secs. 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 Sec. 264.194(b); and
    (j) For tank systems in which ignitable, reactive, or incompatible 
wastes

[[Page 847]]

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 Secs. 264.198 and 264.199.
    (k) Information on air emission control equipment as required in 
Sec. 270.27.

[51 FR 25486, July 14, 1986; 51 FR 29431, Aug. 15, 1986; 59 FR 62952, 
Dec. 6, 1994]

    Effective Date Note: At 59 FR 62952, Dec. 6, 1994, in Sec. 270.16, 
paragraph (k) was added. At 60 FR 26828, May 19, 1995, the effective 
date was delayed to Dec. 6, 1995, at 60 FR 56952, Nov. 13, 1995, the 
effective date was delayed to June 6, 1996, and at 61 FR 28508, June 5, 
1996, the effective date was further delayed to Oct. 6, 1996.



Sec. 270.17  Specific part B information requirements for surface impoundments.

    Except as otherwise provided in Sec. 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 Secs. 264.19, 264.221, 
264.222, and 264.223 of this chapter, 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 Sec. 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 
Sec. 264.221(c) of this chapter. 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 Sec. 264.221 (d), (e), or 
(f) of this chapter, 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 
Sec. 264.19 of this chapter;
    (5) Proposed action leakage rate, with rationale, if required under 
Sec. 264.222 of this chapter, and response action plan, if required 
under Sec. 264.223 of this chapter;
    (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 Sec. 264.226(a), (b), and (d) of this chapter. 
This information must be included in the inspection plan submitted under 
Sec. 270.14(b)(5);
    (d) A certification by a qualified engineer which attests to the 
structural integrity of each dike, as required under Sec. 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 Sec. 264.227(b) and (c). 
This information should be included in the contingency plan submitted 
under Sec. 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 
Sec. 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 Sec. 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 
Sec. 270.14(b)(13);

[[Page 848]]

    (g) If ignitable or reactive wastes are to be placed in a surface 
impoundment, an explanation of how Sec. 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 
Sec. 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 Sec. 264.231. This submission must address the following 
items as specified in Sec. 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 
Sec. 270.27.

[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 2006, Jan. 14, 1985; 50 
FR 28752, July 15, 1985; 57 FR 3495, Jan. 29, 1992; 59 FR 62952, Dec. 6, 
1994]

    Effective Date Note: At 59 FR 62952, Dec. 6, 1994, in Sec. 270.17, 
paragraph (j) was added. At 60 FR 26828, May 19, 1995, the effective 
date was delayed to Dec. 6, 1995, at 60 FR 56952, Nov. 13, 1995, the 
effective date was delayed to June 6, 1996, and at 61 FR 28508, June 5, 
1996, the effective date was further delayed to Oct. 6, 1996.



Sec. 270.18  Specific part B information requirements for waste piles.

    Except as otherwise provided in Sec. 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 Sec. 264.251 and subpart F of part 
264 as provided by Sec. 264.250(c) or Sec. 264.90(2), an explanation of 
how the standards of Sec. 264.250(c) will be complied with or detailed 
plans and an engineering report describing how the requirements of 
Sec. 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 Secs. 264.19, 264.251, 264.252, 
and 264.253 of this chapter, 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 Sec. 264.251(a) 
of this chapter. If an exemption from the requirement for a liner is 
sought as provided by Sec. 264.251(b) of this chapter, 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 
Sec. 264.251(c) of this chapter. 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 Sec. 264.251(d), (e), or 
(f) of this chapter, 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 
Sec. 264.19 of this chapter;
    (v) Proposed action leakage rate, with rationale, if required under 
Sec. 264.252 of this chapter, and response action plan, if required 
under Sec. 264.253 of this chapter;
    (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;

[[Page 849]]

    (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 Sec. 264.254(a), (b), 
and (c) of this chapter. This information must be included in the 
inspection plan submitted under Sec. 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 Sec. 264.256 will be 
complied with;
    (g) If incompatible wastes, or incompatible wastes and materials 
will be place in a waste pile, an explanation of how Sec. 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 Sec. 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 Sec. 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 
Sec. 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 Sec. 264.250(c)) is or will be designed, 
constructed, operated, and maintained to meet the requirements of 
Sec. 264.259. This submission must address the following items as 
specified in Sec. 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.

[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 2006, Jan. 14, 1985; 50 
FR 28752, July 15, 1985; 57 FR 3496, Jan. 29, 1992]



Sec. 270.19  Specific part B information requirements for incinerators.

    Except as Sec. 264.340 of this chapter provides 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 Sec. 264.340 (b) or (c) of this 
chapter (Ignitable, corrosive, or reactive wastes only):
    (1) Documentation that the waste is listed as a hazardous waste in 
part 261, subpart D of this chapter, 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 
part 261, subpart D of this chapter, solely because it is reactive 
(Hazard Code R) for characteristics other than those listed in 
Sec. 261.23(a) (4) and (5) of this chapter, 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 
part 261, subpart C of this chapter; or
    (4) Documentation that the waste is a hazardous waste solely because 
it possesses the reactivity characteristics listed in Sec. 261.23(a) 
(1), (2), (3), (6), (7), or (8) of this chapter, 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 Sec. 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.

[[Page 850]]

    (ii) Viscosity (if applicable), or description of physical form of 
the waste.
    (iii) An identification of any hazardous organic constituents listed 
in part 261, appendix VIII, of this chapter, which are present in the 
waste to be burned, except that the applicant need not analyze for 
constituents listed in part 261, appendix VIII, of this chapter 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 analytical 
techniques specified in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication SW-846, as incorporated by 
reference in Sec. 260.11 of this chapter and Sec. 270.6, or their 
equivalent.
    (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 Sec. 260.11 of this chapter and Sec. 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 Sec. 264.343 of this chapter.
    (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 Sec. 264.343 of this chapter,
    (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 Secs. 264.343 and 264.345 of this chapter 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

[[Page 851]]

which destruction and removal efficiencies will be required.
    (d) The Director shall 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 Sec. 264.345 of 
this chapter) operating conditions that will ensure that the performance 
standards in Sec. 264.343 of this chapter will be met by the 
incinerator.

[48 FR 14228, Apr. 1, 1983, as amended at 58 FR 46051, Aug. 31, 1993]



Sec. 270.20  Specific part B information requirements for land treatment facilities.

    Except as otherwise provided in Sec. 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 Sec. 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 
Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 264.276(a) will be conducted including:

[[Page 852]]

    (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 
Sec. 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 Secs. 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 
Sec. 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 Sec. 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 
Sec. 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 Sec. 264.283. This submission must address the following 
items as specified in Sec. 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 attentuative 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.

[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983, as amended at 50 
FR 2006, Jan. 14, 1985]



Sec. 270.21  Specific part B information requirements for landfills.

    Except as otherwise provided in Sec. 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 Secs. 264.19, 264.301, 264.302, 
and 264.303 of this chapter, 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 Sec. 264.301(a) 
of this chapter. If an exemption from the requirement for a liner is 
sought as provided by Sec. 264.301(b) of this chapter, 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 
Sec. 264.301(c) of this chapter. 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 Sec. 264.301(d), (e), or 
(f) of this chapter, 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 
Sec. 264.19 of this chapter;

[[Page 853]]

    (v) Proposed action leakage rate, with rationale, if required under 
Sec. 264.302 of this chapter, and response action plan, if required 
under Sec. 264.303 of this chapter;
    (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 Sec. 264.303(a), (b), 
and (c) of this chapter. This information must be included in the 
inspection plan submitted under Sec. 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 
Sec. 264.303 (a) and (b). This information should be included in the 
inspection plan submitted under Sec. 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 Sec. 264.310(a), and a description of how each 
landfill will be maintained and monitored after closure in accordance 
with Sec. 264.310(b). This information should be included in the closure 
and post-closure plans submitted under Sec. 270.14(b)(13).
    (f) If ignitable or reactive wastes will be landfilled, an 
explanation of how the standards of Sec. 264.312 will be complied with;
    (g) If incompatible wastes, or incompatible wastes and materials 
will be landfilled, an explanation of how Sec. 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 Sec. 264.314(a) will be complied with;
    (i) If containers of hazardous waste are to be landfilled, an 
explanation of how the requirements of Sec. 264.315 or Sec. 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 to meet the requirements 
of Sec. 264.317. This submission must address the following items as 
specified in Sec. 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.

[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983, as amended at 50 
FR 2006, Jan. 14, 1985; 50 FR 28752, July 15, 1985; 57 FR 3496, Jan. 29, 
1992]



Sec. 270.22  Specific part B information requirements for boilers and industrial furnaces burning hazardous waste.

    (a) Trial burns--(1) General. Except as provided below, owners and 
operators that are subject to the standards to control organic emissions 
provided by Sec. 266.104 of this chapter, standards to control 
particulate matter provided by Sec. 266.105 of this chapter, standards 
to control metals emissions provided by Sec. 266.106 of this chapter, or 
standards to control hydrogen chloride or chlorine gas emissions 
provided by Sec. 266.107 of this chapter 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 Sec. 270.66.
    (i) A trial burn to demonstrate conformance with a particular 
emission standard may be waived under provisions of Secs. 266.104 
through 266.107 of this chapter and paragraphs (a)(2) through (a)(5) of 
this section; and

[[Page 854]]

    (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 
Secs. 266.104(a)(4) and 266.110 of this chapter 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 Sec. 266.110 of this chapter.
    (ii) Boilers and industrial furnaces burning low risk waste. When 
seeking to be permitted under the provisions for low risk waste provided 
by Secs. 266.104(a)(5) and 266.109(a) of this chapter 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 Sec. 266.109(a)(1) of this chapter.
    (B) Results of analyses of each waste to be burned, documenting the 
concentrations of nonmetal compounds listed in appendix VIII of part 261 
of this chapter, 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 Sec. 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 
Sec. 266.109(a)(2)(ii) of this chapter.
    (D) Results of emissions dispersion modeling for emissions 
identified in paragraphs (a)(2)(ii)(C) of this section using modeling 
procedures prescribed by Sec. 266.106(h) of this chapter. 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 part 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 Sec. 266.106 (b) and (e) of this chapter 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 
Sec. 266.106 (b) or (e) of this chapter 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 Sec. 266.106 (b) or (e) of this 
chapter 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 Sec. 266.106 (b)(3) through 
(b)(5) of this chapter;
    (v) Documentation of compliance with the provisions of 
Sec. 266.106(b)(6), if applicable, for facilities with multiple stacks;
    (vi) Documentation that the facility does not fail the criteria 
provided by Sec. 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.

[[Page 855]]

    (4) Waiver of trial burn for particulate matter. When seeking to be 
permitted under the low risk waste provisions of Sec. 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 Sec. 266.107 (b)(1) 
and (e) of this chapter 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 Sec. 266.107 
(b)(1) or (e) of this chapter 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 Sec. 266.107(b)(3) of this 
chapter;
    (v) Documentation of compliance with the provisions of 
Sec. 266.107(b)(4), if applicable, for facilities with multiple stacks;
    (vi) Documentation that the facility does not fail the criteria 
provided by Sec. 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 Secs. 266.104 through 266.107 of this chapter and Sec. 270.66 by 
providing the information required by Sec. 270.66 from previous 
compliance testing of the device in conformance with Sec. 266.103 of 
this chapter, 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 Sec. 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 Sec. 266.102 of this chapter) operating 
conditions that will ensure conformance with Sec. 266.102(c) of this 
chapter. 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 Sec. 266.104(a) of this 
chapter. This analysis should specify the constituents in appendix VIII, 
part 261 of this chapter, 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.

[[Page 856]]

    (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 Sec. 266.104(f) of this chapter 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, part 261 of this chapter, 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 
Sec. 266.106(f) of this chapter, the owner or operator must submit 
documentation specifying how the approach ensures compliance with the 
metals emissions standards of Sec. 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 Sec. 266.111 of this chapter) directly to the boiler or 
industrial furnace shall submit information supporting conformance with 
the standards for direct transfer provided by Sec. 266.111 of this 
chapter.
    (f) Residues. Owners and operators that claim that their residues 
are excluded from regulation under the provisions of Sec. 266.112 of 
this chapter must submit information adequate to demonstrate conformance 
with those provisions.

[56 FR 7235, Feb. 21, 1991; 56 FR 32691, July 17, 1991]



Sec. 270.23  Specific part B information requirements for miscellaneous units.

    Except as otherwise provided in Sec. 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 Secs. 264.601 
and 264.602; and
    (3) For disposal units, a detailed description of the plans to 
comply with the post-closure requirements of Sec. 264.603.
    (b) Detailed hydrologic, geologic, and meteorologic assessments and 
land-use

[[Page 857]]

maps for the region surrounding the site that address and ensure 
compliance of the unit with each factor in the environmental performance 
standards of Sec. 264.601. If the applicant can demonstrate that he does 
not violate the environmental performance standards of Sec. 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 Sec. 264.601.



Sec. 270.24  Specific part B information requirements for process vents.

    Except as otherwise provided in Sec. 264.1, owners and operators of 
facilities that have process vents to which subpart AA of part 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 40 CFR 264 subpart AA on 
the effective date that the facility becomes subject to the provisions 
of 40 CFR 264 or 265 subpart AA, an implementation schedule as specified 
in Sec. 264.1033(a)(2).
    (b) Documentation of compliance with the process vent standards in 
Sec. 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 Sec. 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 Sec. 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 Sec. 264.1035(b)(3).
    (d) Documentation of compliance with Sec. 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 Sec. 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 Sec. 260.11) or other engineering texts 
acceptable to the Regional Administrator that present basic control 
device design information. The design analysis shall address the vent 
stream characteristics and control device operation parameters as 
specified in Sec. 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

[[Page 858]]

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 
Sec. 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.

[55 FR 25518, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991]



Sec. 270.25  Specific part B information requirements for equipment.

    Except as otherwise provided in Sec. 264.1, owners and operators of 
facilities that have equipment to which subpart BB of part 264 applies 
must provide the following additional information:
    (a) For each piece of equipment to which subpart BB of part 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 40 CFR 264 subpart BB on 
the effective date that the facility becomes subject to the provisions 
of 40 CFR 264 or 265 subpart BB, an implementation schedule as specified 
in Sec. 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 
Sec. 264.1035(b)(3).
    (d) Documentation that demonstrates compliance with the equipment 
standards in Secs. 264.1052 to 264.1059. This documentation shall 
contain the records required under Sec. 264.1064. The Regional 
Administrator may request further documentation before deciding if 
compliance has been demonstrated.
    (e) Documentation to demonstrate compliance with Sec. 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 Sec. 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 Sec. 260.11) or other engineering texts 
acceptable to the Regional Administrator that present basic control 
device design information. The design analysis shall address the vent 
stream characteristics and control device operation parameters as 
specified in Sec. 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.

[55 FR 25518, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991]



Sec. 270.26  Special part B information requirements for drip pads.

    Except as otherwise provided by Sec. 264.1 of this chapter, owners 
and operators of hazardous waste treatment,

[[Page 859]]

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 or to be placed on each drip 
pad.
    (b) If an exemption is sought to subpart F of part 264 of this 
chapter, as provided by Sec. 264.90 of this chapter, detailed plans and 
an engineering report describing how the requirements of 
Sec. 264.90(b)(2) of this chapter 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 Sec. 264.573 of this chapter, including the as-built 
drawings and specifications. This submission must address the following 
items as specified in Sec. 264.571 of this chapter:
    (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 Sec. 264.573 of this chapter. This information should be 
included in the inspection plan submitted under Sec. 270.14(b)(5) of 
this part.
    (15) A certification signed by an independent qualified, registered 
professional engineer, stating that the drip pad design meets the 
requirements of paragraphs (a) through (f) of Sec. 264.573 of this 
chapter.
    (16) A description of how hazardous waste residues and contaminated 
materials will be removed from the drip pad at closure, as required 
under Sec. 264.575(a) of this chapter. 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 Sec. 264.310 (a) 
and (b) of this chapter will be complied with. This information should 
be included in the closure plan and, where applicable, the post-closure 
plan submitted under Sec. 270.14(b)(13).

[55 FR 50489, Dec. 6, 1990. Redesignated and amended at 56 FR 30198, 
July 1, 1991]



Sec. 270.27  Specific Part B information requirements for air emission controls for tanks, surface impoundments, and containers.

    (a) Except as otherwise provided in Sec. 264.1 of this chapter, 
owners and operators of tanks, surface impoundments, or containers that 
use air emission controls in accordance with the requirements of 40 CFR 
part 264, subpart

[[Page 860]]

CC shall provide the following additional information:
    (1) Documentation for each cover installed on a tank subject to 
Sec. 264.1084(b)(2) or Sec. 264.1084(b)(3) of this chapter 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 Sec. 265.1091(a) of this chapter.
    (2) Identification of each container area subject to the 
requirements of 40 CFR part 264, subpart CC and certification by the 
owner or operator that the requirements of this subpart are met.
    (3) Documentation for each enclosure used to control air emissions 
from containers in accordance with the requirements of 
Sec. 264.1086(b)(2)(i) of this chapter that includes information 
prepared by the owner or operator or provided by the manufacturer or 
vendor describing the enclosure design, and certification by the owner 
or operator that the enclosure meets the specifications listed in 
Sec. 264.1086(b)(2)(ii) of this chapter.
    (4) Documentation for each floating membrane cover installed on a 
surface impoundment in accordance with the requirements of 
Sec. 264.1085(c) of this chapter 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 Sec. 265.1086(e) of 
this chapter.
    (5) Documentation for each closed-vent system and control device 
installed in accordance with the requirements of Sec. 264.1087 of this 
chapter that includes design and performance information as specified in 
Sec. 270.24 (c) and (d).
    (6) An emission monitoring plan for both Method 21 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 40 CFR part 
265, subpart CC cannot comply with 40 CFR part 264, subpart CC by the 
date of permit issuance, the schedule of implementation required under 
Sec. 265.1082 of this chapter.

[59 FR 62952, Dec. 6, 1994, as amended at 61 FR 4916, Feb. 9, 1996]

    Effective Date Note: At 59 FR 62952, Dec. 6, 1994, Sec. 270.27 was 
added. At 60 FR 26828, May 19, 1995, the effective date was delayed to 
Dec. 6, 1995, at 60 FR 56952, Nov. 13, 1995, the effective date was 
delayed to June 6, 1996, and at 61 FR 28508, June 5, 1996, the effective 
date was further delayed to Oct. 6, 1996.
Sec. 270.28  [Reserved]



Sec. 270.29  Permit denial.

    The Director may, pursuant to the procedures in part 124, deny the 
permit application either in its entirety or as to the active life of a 
hazardous waste management facility or unit only.

[54 FR 9607, Mar. 7, 1989]



                      Subpart C--Permit Conditions



Sec. 270.30  Conditions applicable to all permits.

    The following conditions apply to all RCRA permits, and shall be 
incorporated into the permits either expressly or by reference. If 
incorporated by reference, a specific citation to these regulations (or 
the corresponding approved State regulations) 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 Sec. 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

[[Page 861]]

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 Sec. 264.73(b)(9) of this chapter, 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;

[[Page 862]]

    (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 
Sec. 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 Sec. 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 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 Sec. 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 nkt 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

[[Page 863]]

permittee must submit a letter report, including a copy of the manifest, 
to the Director. (See 40 CFR 264.72.)
    (8) Unmanifested waste report: This report must be submitted to the 
Director within 15 days of receipt of unmanifested waste. (See 40 CFR 
264.76)
    (9) Biennial report: A biennial report must be submitted covering 
facility activities during odd numbered calendar years. (See 40 CFR 
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 40 CFR 124.33(b). The information repository 
will be governed by the provisions in 40 CFR 124.33(c) through (f).

(Clean Water Act (33 U.S.C. 1251 et seq.), Safe Drinking Water Act (42 
U.S.C. 300f et seq.), Clean Air Act (42 U.S.C. 7401 et seq.), Resource 
Conservation and Recovery Act (42 U.S.C. 6901 et seq.))

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30114, June 30, 1983; 48 
FR 39622, Sept. 1, 1983; 50 FR 28752, July 15, 1985; 53 FR 37935, Sept. 
28, 1988; 60 FR 63433, Dec. 11, 1995]



Sec. 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 parts 264, 266 and 267. Reporting 
shall be no less frequent than specified in the above regulations.



Sec. 270.32  Establishing permit conditions.

    (a) In addition to conditions required in all permits (Sec. 270.30), 
the Director shall establish conditions, as required on a case-by-case 
basis, in permits under Secs. 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 RCRA permit shall include permit conditions necessary to 
achieve compliance with the Act and regulations, including each of the 
applicable requirements specified in parts 264 and 266 through 268 of 
this chapter. In satisfying this provision, the Administrator may 
incorporate applicable requirements of parts 264 and 266 through 268 of 
this chapter directly into the permit or establish other permit 
conditions that are based on these parts.
    (2) Each permit issued under section 3005 of this act shall contain 
terms and conditions as the Administrator or State Director determines 
necessary to protect human health and the environment.
    (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 regulation) which takes effect prior to the 
issuance of the permit (except as provided in Sec. 124.86(c) for RCRA 
permits being processed under subpart E or F of part 124). Section 
124.14 (reopening of comment period) provides a means for reopening EPA 
permit proceedings at the discretion of the Director where new 
requirements become effective during the permitting process and are of 
sufficient magnitude to make additional proceedings desirable.

[[Page 864]]

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 
Sec. 270.41.
    (d) New or reissued permits, and to the extent allowed under 
Sec. 270.41, modified or revoked and reissued permits, shall incorporate 
each of the applicable requirements referenced in this section and in 40 
CFR 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 regulations or requirements must be 
given in the permit.

[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 28752, July 15, 1985; 51 
FR 40653, Nov. 7, 1986]



Sec. 270.33  Schedules of compliance.

    (a) The permit may, when appropriate, specify a schedule of 
compliance leading to compliance with the Act and regulations.
    (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. An RCRA 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)

[[Page 865]]

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.

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30114, June 30, 1983]



                      Subpart D--Changes to Permit



Sec. 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 Sec. 270.40(b) or Sec. 270.41(b)(2)) to identify the new 
permittee and incorporate such other requirements as may be necessary 
under the appropriate Act.
    (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 Sec. 270.42. 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 40 CFR part 264, subpart H (Financial Requirements) 
until the new owner or operator has demonstrated that he or she is 
complying with the requirements of that subpart. The new owner or 
operator must demonstrate compliance with subpart H requirements within 
six months of 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 subpart H, the Director shall notify the old 
owner or operator that he or she no longer needs to comply with subpart 
H as of the date of demonstration.

[53 FR 37935, Sept. 28, 1988]



Sec. 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 Sec. 270.30), receives a request for 
revocation and reissuance under Sec. 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 40 CFR 
270.42. Otherwise, a draft permit must be prepared and other procedures 
in part 124 (or procedures of an authorized State program) 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

[[Page 866]]

available at the time of permit issuance (other than revised 
regulations, guidance, or test methods) and would have justified the 
application of different permit conditions at the time of issuance.
    (3) New statutory requirements or regulations. The standards or 
regulations on which the permit was based have been changed by statute, 
through promulgation of new or amended standards or regulations, 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 
Sec. 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 parts 124, 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 Sec. 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 Sec. 270.30(l)(3)) of a proposed transfer of the 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 environmental exists which was unknown at the time 
of permit issuance.

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30114, June 30, 1983; 50 
FR 28752, July 15, 1985; 52 FR 45799, Dec. 1, 1987; 53 FR 37936, Sept. 
28, 1988]



Sec. 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 Secs. 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 Sec. 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 Sec. 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:

[[Page 867]]

    (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 Secs. 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)(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 
Sec. 270.42(b)(5), and the name and address of an Agency contact to whom 
comments must be sent;
    (ii) Announcement of the date, time, and place for a public meeting 
held in accordance with Sec. 270.42(b)(4);
    (iii) Name and telephone number of the permittee's contact person;
    (iv) Name and telephone number of an Agency 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 
Agency 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 Sec. 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 Sec. 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

[[Page 868]]

(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 40 CFR part 265. 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 Sec. 270.41 or 
Sec. 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 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 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;

[[Page 869]]

    (iii) Explains why the modification is needed; and
    (iv) Provides the applicable information required by 40 CFR 270.13 
through 270.22, 270.62, 270.63, and 270.66.
    (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 an Agency 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 Sec. 270.42(c)(4);
    (iii) Name and telephone number of the permittee's contact person;
    (iv) Name and telephone number of an Agency 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 
Agency 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 Agency 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 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 Agency, 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 Agency 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 no 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 regulations, where these 
changes can be implemented without

[[Page 870]]

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 40 CFR part 264 
standards.
    (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 40 CFR part 264.
    (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 40 CFR part 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 Sec. 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 40 CFR 124.19.
    (3) An automatic authorization that goes into effect under 
Sec. 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

[[Page 871]]

appeal has been granted pursuant to Sec. 124.19(c), notwithstanding the 
provisions of Sec. 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 part 261 of this chapter, 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 40 CFR parts 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 RCRA Subtitle C 
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 part 
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) 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.

    Appendix I to Sec.  270.42--Classification of Permit Modification   
------------------------------------------------------------------------
                         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...........................................    \1\ 1
    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.....    \1\ 1
  7. Changes in ownership or operational control of a facility,         
   provided the procedures of Sec.  270.40(b) are followed.....    \1\ 1
B. General Facility Standards                                           
  1. Changes to waste sampling or analysis methods:                     
    a. To conform with agency guidance or regulations..........        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...    \1\ 1
    d. Other changes...........................................        2
  2. Changes to analytical quality assurance/control plan:              
    a. To conform with agency guidance or regulations..........        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

[[Page 872]]

                                                                        
  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....    \1\ 1
  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..............................    \1\ 1
  4. Changes in point of compliance............................    \1\ 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           
   Sec.  264.98(j), unless otherwise specified in this appendix        2
  7. Compliance monitoring program:                                     
    a. Addition of compliance monitoring program as required by         
     Secs.  264.98(h)(4) and 264.99............................        3
    b. Changes to a compliance monitoring program as required           
     by Sec.  264.99(k), unless otherwise specified in this             
     appendix..................................................        2
  8. Corrective action program:                                         
    a. Addition of a corrective action program as required by           
     Secs.  264.99(i)(2) and 264.100...........................        3
    b. Changes to a corrective action program as required by            
     Sec.  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..................................................    \1\ 1
    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    \1\ 1
    c. Changes in the expected year of final closure, where             
     other permit conditions are not changed, with prior                
     approval of the Director..................................    \1\ 1
    d. Changes in procedures for decontamination of facility            
     equipment or structures, with prior approval of the                
     Director..................................................    \1\ 1
    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 Sec.  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 Sec.  264.250(c)....        3
    d. Waste piles that comply with Sec.  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...........................................    \1\ 1
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 Sec.                          
     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).............................................    \1\ 1
  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

[[Page 873]]

                                                                        
  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 Sec.  270.42(g) for modification procedures to be             
 used for the management of newly listed or identified wastes.          
                                                                        
  4. Storage of 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 Sec.  268.8(a)(2)(ii). This modification is not                 
     applicable to dioxin-containing wastes (F020, 021, 022,            
     023, 026, 027, and 028)...................................        1
    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)..................    \1\ 1
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................................................    \1\ 1
    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 Sec.                          
     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).........................    \1\ 1
  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 Sec.  268.8(a)(2)(ii). The                  
     modification is not applicable to dioxin-containing wastes         
     (F020, 021, 022, 023, 026, 027, and 028)..................    \1\ 1
    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 Sec.  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 Sec.  269.8(a)(2)(ii), and provided         
     that the unit meets the minimum technological requirements         
     stated in Sec.  268.5(h)(2). This modification is not              
     applicable to dioxin-containing wastes (F020, 021, 022,            
     023, 026, 027, and 028)...................................        1

[[Page 874]]

                                                                        
    d. That are residues from wastewater treatment or                   
     incineration, provided that disposal occurs in a unit that         
     meets the minimum technological requirements stated in             
     Sec. 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 Secs.          
   264.221(c), 264.222, 264.223, and 264.226(d)................       *1
  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 Sec.  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 Sec.  264.250(c), modifications are treated the         
 same as for a landfill. The following modifications are                
 applicable only to waste piles complying with Sec.                     
 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 Sec.  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 Sec.  268.8(a)(2)(ii), and provided         
     that the landfill unit meets the minimum technological             
     requirements stated in Sec.  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 Sec. 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 Secs.          
   264.251(c), 264.252, 264.253, 264.254(c), 264.301(c),                
   264.302, 264.303(c), and 264.304............................       *1
  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 Sec.  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 Sec.  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

[[Page 875]]

                                                                        
  9. Modification of operating practice due to detection of             
   releases from the land treatment unit pursuant to Sec.               
   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.............    \1\ 1
  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....................................    \1\ 1
  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 Sec.  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..................................     \1\1
    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.......     \1\1
    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..................................     \1\1
  8. Substitution of an alternative type of nonhazardous waste          
   fuel that is not specified in the permit....................        1

[[Page 876]]

                                                                        
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 Sec.  264.552............................................        3
  2. Approval of a temporary unit or time extension for a               
   temporary unit pursuant to Sec.  264.553....................        2
------------------------------------------------------------------------
\1\ Class 1 modifications requiring prior Agency approval.              


[53 FR 37936, Sept. 28, 1988, as amended at 53 FR 37939, Sept. 28, 1988; 
53 FR 41649, Oct. 24, 1988; 54 FR 9607, Mar. 7, 1989; 54 FR 33398, Aug. 
14, 1989; 55 FR 22719, June 1, 1990; 56 FR 3928, Jan. 31, 1991; 56 FR 
32692, July 17, 1991; 56 FR 7237, Feb. 21, 1991; 56 FR 32692, July 17, 
1991; 57 FR 3496, Jan. 29, 1992; 57 FR 37281, Aug. 18, 1992; 58 FR 8685, 
Feb. 16, 1993; 58 FR 29886, May 24, 1993]



Sec. 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 part 124 
or State procedures in terminating any permit under this section.



            Subpart E--Expiration and Continuation of Permits



Sec. 270.50  Duration of permits.

    (a) RCRA permits shall be effective for a fixed term not to exceed 
10 years.
    (b) Except as provided in Sec. 270.51, 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 Sec. 270.41.

[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 28752, July 15, 1985]



Sec. 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 Sec. 124.15) if:
    (1) The permittee has submitted a timely application under 
Sec. 270.14 and the applicable sections in Secs. 270.15 through 270.29 
which is a complete (under Sec. 270.10(c)) application for a new permit; 
and
    (2) The Regional Administrator through no fault of the permittee, 
does not issue a new permit with an effective date under Sec. 124.15 on 
or before the expiration date of the previous permit (for example, when 
issuance is impracticable due to time or resource constraints).

[[Page 877]]

    (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 
Sec. 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 regulations.
    (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 regulations, 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.

(Clean Water Act (33 U.S.C. 1251 et seq.), Safe Drinking Water Act (42 
U.S.C. 300f et seq.), Clean Air Act (42 U.S.C. 7401 et seq.), Resource 
Conservation and Recovery Act (42 U.S.C. 6901 et seq.))

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 39622, Sept. 1, 1983]



                   Subpart F--Special Forms of Permits



Sec. 270.60  Permits by rule.

    Notwithstanding any other provision of this part or part 124, the 
following shall be deemed to have a RCRA permit if the conditions listed 
are met:
    (a) Ocean disposal barges or vessels. The owner or operator of a 
barge or other vessel which accepts hazardous waste for ocean disposal, 
if the owner or operator:
    (1) Has a permit for ocean dumping issued under 40 CFR part 220 
(Ocean Dumping, authorized by the Marine Protection, Research, and 
Sanctuaries Act, as amended, 33 U.S.C. 1420 et seq.);
    (2) Complies with the conditions of that permit; and
    (3) Complies with the following hazardous waste regulations:
    (i) 40 CFR 264.11, Identification number;
    (ii) 40 CFR 264.71, Use of manifest system;
    (iii) 40 CFR 264.72, Manifest discrepancies;
    (iv) 40 CFR 264.73(a) and (b)(1), Operating record;
    (v) 40 CFR 264.75, Biennial report; and
    (vi) 40 CFR 264.76, Unmanifested waste report.
    (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 part 144 or 
145; and
    (2) Complies with the conditions of that permit and the requirements 
of Sec. 144.14 (requirements for wells managing hazardous waste).
    (3) For UIC permits issued after November 8, 1984:
    (i) Complies with 40 CFR 264.101; and
    (ii) Where the UIC well is the only unit at a facility which 
requires a RCRA permit, complies with 40 CFR 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 regulations:
    (i) 40 CFR 264.11, Identification number;
    (ii) 40 CFR 264.71, Use of manifest system;
    (iii) 40 CFR 264.72, Manifest discrepancies;
    (iv) 40 CFR 264.73(a) and (b)(1), Operating record;
    (v) 40 CFR 264.75, Biennial report;
    (vi) 40 CFR 264.76, Unmanifested waste report; and
    (vii) For NPDES permits issued after November 8, 1984, 40 CFR 
264.101.
    (4) If the waste meets all Federal, State, and local pretreatment 
requirements which would be applicable to the

[[Page 878]]

waste if it were being discharged into the POTW through a sewer, pipe, 
or similar conveyance.

[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 28752, July 15, 1985; 52 
FR 45799, Dec. 1, 1987]



Sec. 270.61  Emergency permits.

    (a) Notwithstanding any other provision of this part or part 124, 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 
Sec. 124.10(b) 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 40 CFR parts 264 and 266.

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30114, June 30, 1983; 60 
FR 63433, Dec. 11, 1996]



Sec. 270.62  Hazardous waste incinerator permits.

    (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 Sec. 270.42 
of this chapter.
    (1) Applicants must submit a statement, with part B of the permit 
application, which suggests the conditions necessary to operate in 
compliance with the performance standards of Sec. 264.343 of this 
chapter during this period. This statement should include, at a minimum, 
restrictions on waste constituents, waste feed rates and the operating 
parameters identified in Sec. 264.345 of this chapter.
    (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 Sec. 264.343 of this chapter based on his engineering 
judgment.
    (b) For the purposes of determining feasibility of compliance with 
the performance standards of Sec. 264.343 of this chapter and of 
determining adequate operating conditions under Sec. 264.345 of this 
chapter, 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:

[[Page 879]]

    (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 part 261, appendix VIII of this chapter, which are present in the 
waste to be burned, except that the applicant need not analyze for 
constituents listed in part 261, appendix VIII, of this chapter 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 analytical 
techniques specified in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication SW-846, as incorporated by 
reference in Sec. 260.11 of this chapter and Sec. 270.6, or other 
equivalent.
    (D) 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 Sec. 260.11 of this chapter and Sec. 270.6, or their 
equivalent.
    (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 part 261, subpart D, of this chapter, the hazardous waste 
organic constituent or constituents identified in appendix VII of that 
part as the basis for listing.

[[Page 880]]

    (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 Sec. 264.343 of this chapter 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 Sec. 264.345 of this chapter; and
    (iv) The information sought in paragraphs (b)(5) (i) and (ii) of 
this section cannot reasonably be developed through other means.
    (6) The Director 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 the Director has issued such notice.
    (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 Sec. 264.343(a) of this 
chapter.
    (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 Sec. 264.343(b) of this chapter.
    (vi) A computation of particulate emissions, in accordance with 
Sec. 264.343(c) of this chapter.
    (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 Sec. 264.343 of this chapter and to establish 
the operating conditions required by Sec. 264.345 of this chapter 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)(6) 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 Sec. 270.11.
    (11) Based on the results of the trial burn, the Director shall set 
the operating requirements in the final permit according to Sec. 264.345 
of this chapter. The permit modification shall proceed according to 
Sec. 270.42.

[[Page 881]]

    (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 Sec. 264.345 of this chapter, in the permit to a new 
hazardous waste incinerator. These permit conditions will 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 Sec. 264.343 of this 
chapter, during this period. This statement should include, at a 
minimum, restrictions on waste constituents, waste feed rates, and the 
operating parameters in Sec. 264.345 of this chapter.
    (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 Sec. 264.343 of this chapter based on his engineering 
judgment.
    (d) For the purpose of determining feasibility of compliance with 
the performance standards of Sec. 264.343 of this chapter and of 
determining adequate operating conditions under Sec. 264.345 of this 
chapter, 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 Sec. 270.19(b) and paragraphs (b)(2) 
through (b)(5) and (b)(7) through (b)(10) of this section or, instead, 
submit other information as specified in Sec. 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 
Sec. 270.19(a) are exempt from compliance with 40 CFR 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.

[48 FR 14228, Apr. 1, 1983, as amended at 53 FR 37939, Sept. 28, 1988; 
58 FR 46051, Aug. 31, 1993; 60 FR 63433, Dec. 11, 1995]



Sec. 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 Sec. 264.272 of this chapter, 
the Director may issue a treatment demonstration permit. The permit must 
contain only those requirements necessary to meet the standards in 
Sec. 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.

[[Page 882]]

    (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 subpart 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 Sec. 264.272(c). The Director will include conditions in 
the second phase of the facility permit to attempt to meet all subpart 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 
Sec. 124.15(b) of this chapter.
     (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 Sec. 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 Sec. 264.272 of this 
chapter, he will modify the second phase of the permit to incorporate 
any requirements necessary for operation of the facility in compliance 
with part 264, subpart M, of this chapter, based upon the results of the 
field tests or laboratory analyses.
    (1) This permit modification may proceed under Sec. 270.42, or 
otherwise will proceed as a modification under Sec. 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 Sec. 124.15(b).

[48 FR 14228, Apr. 1, 1983, as amended at 53 FR 37939, Sept. 28, 1988]



Sec. 270.64  Interim permits for UIC wells.

    The Director may issue a permit under this part to any Class I UIC 
well (see Sec. 144.6) injecting hazardous wastes within a State in which 
no UIC program has been approved or promulgated. Any such permit shall 
apply and insure compliance with all applicable requirements of 40 CFR 
part 264, subpart R (RCRA standards for wells), and shall be for a term 
not to exceed two years. No such permit shall be issued after approval 
or promulgation of a UIC program in the State. Any permit under this 
section shall contain a condition providing that it will terminate upon 
final action by the Director under a UIC program to issue or deny a UIC 
permit for the facility.

[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983]

[[Page 883]]



Sec. 270.65  Research, development, and demonstration permits.

    (a) The Administrator 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 part 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 
Administrator 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 Administrator 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 Administrator deems necessary regarding testing and providing of 
information to the Administrator with respect to the operation of the 
facility.
    (b) For the purpose of expediting review and issuance of permits 
under this section, the Administrator may, consistent with the 
protection of human health and the environment, modify or waive permit 
application and permit issuance requirements in parts 124 and 270 except 
that there may be no modification or waiver of regulations regarding 
financial responsibility (including insurance) or of procedures 
regarding public participation.
    (c) The Administrator 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.

[50 FR 28752, July 15, 1985]



Sec. 270.66   Permits for boilers and industrial furnaces burning hazardous waste.

    (a) General. Owners and operators of new boilers and industrial 
furnaces (those not operating under the interim status standards of 
Sec. 266.103 of this chapter) are subject to paragraphs (b) through (f) 
of this section. Boilers and industrial furnaces operating under the 
interim status standards of Sec. 266.103 of this chapter 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 
Sec. 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 Secs. 266.104 through 266.107 of this 
chapter during this period. This statement should include, at a minimum, 
restrictions on the applicable operating requirements identified in 
Sec. 266.102(e) of this chapter.
    (ii) The Director will review this statement and any other relevant 
information submitted with part B of the

[[Page 884]]

permit application and specify requirements for this period sufficient 
to meet the performance standards of Secs. 266.104 through 266.107 of 
this chapter 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 
Secs. 266.104 through 266.107 of this chapter and determining adequate 
operating conditions under Sec. 266.102(e) of this chapter. 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 
Secs. 266.104 through 266.107 of this chapter 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 
Secs. 266.104 through 266.107 of this chapter. This statement should 
include, at a minimum, restrictions on the operating requirements 
provided by Sec. 266.102(e) of this chapter.
    (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 Secs. 266.104 through 266.107 of this chapter 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 
Sec. 266.102(e) of this chapter that reflect conditions in the trial 
burn plan and are likely to ensure compliance with the performance 
standards of Secs. 266.104 through 266.107 of this chapter. 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 
Sec. 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, part 261, of this chapter 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 analytical techniques 
specified in ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846, as incorporated by reference 
in Sec. 260.11 of this chapter and Sec. 270.6, or their equivalent.
    (ii) An approximate quantification of the hazardous constituents 
identified in the hazardous 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 Sec. 260.11 of this chapter and Sec. 270.6, 
or other equivalent.
    (iii) A description of blending procedures, if applicable, prior to 
firing the hazardous waste, including a detailed

[[Page 885]]

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);
    (vii) Description of any air 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 Secs. 266.104 through 266.107 of this chapter.
    (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 Secs. 266.104 through 
266.107 of this chapter 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 Secs. 266.104 
through 266.107 of this chapter;
    (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 Sec. 266.102(e) of this chapter; and
    (iv) The information sought in the trial burn cannot reasonably be 
developed through other means.
    (3) The Director 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 the Director has issued such notice.
    (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.

[[Page 886]]

    (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 Sec. 270.11.
    (e) Special procedures for DRE trial burns. When a DRE trial burn is 
required under Sec. 266.104(a) of this chapter, 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 part 261, subpart D of this chapter, 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 Sec. 266.104(a) of this 
chapter:
    (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 Sec. 266.104(a) of this 
chapter;
    (3) When a trial burn for chlorinated dioxins and furans is required 
under Sec. 266.104(e) of this chapter, 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 Secs. 266.105, 266.106 (c) or (d), or 266.107 
(b)(2) or (c) of this chapter, 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 Secs. 266.104(a), 266.106 (c) or (d), or 266.107 (b)(2) or (c) of 
this chapter, 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 Secs. 266.104 through 266.107 of this chapter 
and to establish the operating conditions required by Sec. 266.102(e) of 
this chapter 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 Sec. 266.104 through 266.107 of this chapter and of

[[Page 887]]

determining adequate operating conditions under Sec. 266.103 of this 
chapter, applicants owning or operating existing boilers or industrial 
furnaces operated under the interim status standards of Sec. 266.103 of 
this chapter 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 Sec. 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.

[56 FR 7239, Feb. 21, 1991; 56 FR 32692, July 17, 1991, as amended at 58 
FR 46051, Aug. 31, 1993; 60 FR 63433, Dec. 11, 1995]



                        Subpart G--Interim Status



Sec. 270.70  Qualifying for interim status.

    (a) Any person who owns or operates an ``existing HWM facility'' or 
a facility 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 RCRA permit shall have interim status and shall 
be treated as having been issued a permit to the extent he or she has:
    (1) Complied with the requirements of section 3010(a) of RCRA 
pertaining to notification of hazardous waste activity.

[Comment: Some existing facilities may not be required to file a 
notification under section 3010(a) of RCRA. These facilities may qualify 
for interim status by meeting paragraph (a)(2) of this section.]

    (2) Complied with the requirements of Sec. 270.10 governing 
submission of part A applications;
    (b) Failure to qualify for interim status. If EPA has reason to 
believe upon examination of a part A application that it fails to meet 
the requirements of Sec. 270.13, it shall notify the owner or operator 
in writing of the apparent deficiency. Such notice shall specify the 
grounds for EPA's belief that the application is deficient. The owner or 
operator shall have 30 days from receipt to respond to such a 
notification and to explain or cure the alleged deficiency in his part A 
application. If, after such notification and opportunity for response, 
EPA determines that the application is deficient it may take appropriate 
enforcement action.
    (c) Paragraph (a) of this section shall not apply to any facility 
which has been previously denied a RCRA permit or if authority to 
operate the facility under RCRA has been previously terminated.

[48 FR 14228, Apr. 1, 1983, as amended at 49 FR 17718, Apr. 24, 1984; 50 
FR 28753, July 15, 1985]



Sec. 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

[[Page 888]]

shall comply with the interim status standards at 40 CFR part 265.



Sec. 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 40 CFR part 265, subpart H 
(Financial Requirements), until the new owner or operator has 
demonstrated to the Director that he is complying with the requirements 
of that subpart. The new owner or operator must demonstrate compliance 
with subpart 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 subpart 
H, the Director shall notify the old owner or operator in writing that 
he no longer needs to comply with subpart 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 an authorized State under comparable State authority, or 
by a court in a judicial action brought by EPA or by an authorized 
State. 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.

[[Page 889]]

    (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 inpoundments 
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 an authorized State under comparable State authority, or 
by a court in a judicial proceeding brought by EPA or an authorized 
State, 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 part 268 of this chapter or RCRA section 3004, provided that 
such changes are made solely for the purpose of complying with part 268 
of this chapter or RCRA section 3004.
    (7) Addition of newly regulated units under paragraph (a)(6) of this 
section.

[54 FR 9608, Mar. 7, 1989, as amended at 56 FR 7239, Feb. 21, 1991; 57 
FR 37282, Aug. 18, 1992]



Sec. 270.73  Termination of interim status.

    Interim status terminates when:
    (a) Final administrative disposition of a permit application is 
made; or
    (b) Interim status is terminated as provided in Sec. 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 a RCRA 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 a RCRA 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 Sec. 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 a RCRA 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 a RCRA permit for the facility by November 8, 1988.

[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 28753, July 15, 1985; 54 
FR 9609, Mar. 7, 1989; 56 FR 7239, Feb. 21, 1991; 56 FR 32692, July 17, 
1991]

[[Page 890]]



PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS--Table of Contents




             Subpart A--Requirements for Final Authorization

Sec.
271.1  Purpose and scope.
271.2  Definitions.
271.3  Availability of final authorization.
271.4  Consistency.
271.5  Elements of a program submission.
271.6  Program description.
271.7  Attorney General's statement.
271.8  Memorandum of Agreement with the Regional Administrator.
271.9  Requirements for identification and listing of hazardous wastes.
271.10  Requirements of generators of hazardous wastes.
271.11  Requirements for transporters of hazardous wastes.
271.12  Requirements for hazardous waste management facilities.
271.13  Requirements with respect to permits and permit applications.
271.14  Requirements for permitting.
271.15  Requirements for compliance evaluation programs.
271.16  Requirements for enforcement authority.
271.17  Sharing of information.
271.18  Coordination with other programs.
271.19  EPA review of State permits.
271.20  Approval process.
271.21  Procedures for revision of State programs.
271.22  Criteria for withdrawing approval of State programs.
271.23  Procedures for withdrawing approval of State programs.
271.24  Interim authorization under section 3006(g) of RCRA.
271.25  HSWA requirements.
271.26  Requirements for used oil management.

                          Subpart B--(Reserved)

    Authority: 42 U.S.C. 6905, 6912(a), and 6926.

    Source: 48 FR 14248, Apr. 1, 1983, unless otherwise noted.



             Subpart A--Requirements for Final Authorization



Sec. 271.1  Purpose and scope.

    (a) This subpart specifies the procedures EPA will follow in 
approving, revising, and withdrawing approval of State programs and the 
requirements State programs must meet to be approved by the 
Administrator under sections 3006(b), (f) and (h) of RCRA.
    (b) State submissions for program approval must be made in 
accordance with the procedures set out in this subpart.
    (c) The substantive provisions which must be included in State 
programs for them to be approved include requirements for permitting, 
compliance evaluation, enforcement, public participation, and sharing of 
information. Many of the requirements for State programs are made 
applicable to States by cross-referencing other EPA regulations. In 
particular, many of the provisions of parts 270 and 124 are made 
applicable to States by the references contained in Sec. 271.14.
    (d) Upon receipt of a complete submission, EPA will conduct a public 
hearing, if interest is shown, and determine whether to approve or 
disapprove the program taking into consideration the requirements of 
this subpart, the Act and any comments received.
    (e) The Administrator shall approve State programs which conform to 
the applicable requirements of this subpart.
    (f) Except as provided in Sec. 271.3(a)(3), upon approval of a State 
permitting program, the Administrator shall suspend the issuance of 
Federal permits for those activities subject to the approved State 
program.
    (g) Any State program approved by the Administrator shall at all 
times be conducted in accordance with the requirements of this subpart.
    (h) Partial State programs are not allowed for programs operating 
under RCRA final authorization. However, in many cases States will lack 
authority to regulate activities on Indian lands. This lack of authority 
does not impair a State's ability to obtain full program approval in 
accordance with this subpart, i.e., inability of a State to regulate 
activities on Indian lands does not constitute a partial program. EPA 
will administer the program on Indian lands if the State does not seek 
this authority.

    Note: States are advised to contact the United States Department of 
the Interior, Bureau of Indian Affairs, concerning authority over Indian 
lands.


[[Page 891]]


    (i) Except as provided in Sec. 271.4, nothing in this subpart 
precludes a State from:
    (1) Adopting or enforcing requirements which are more stringent or 
more extensive than those required under this subpart;
    (2) Operating a program with a greater scope of coverage than that 
required under this subpart. Where an approved State program has a 
greater scope of coverage than required by Federal law, the additional 
coverage is not part of the Federally approved program.
    (j) Requirements and prohibitions which are applicable to the 
generation, transportation, treatment, storage, or disposal of hazardous 
waste and which are imposed pursuant to the Hazardous and Solid Waste 
Amendments of 1984 (HSWA) include any requirement or prohibition which 
has taken effect under HSWA, such as:
    (1) All regulations specified in Table 1, and
    (2) The self-implementing statutory provisions specified in Table 2 
that have taken effect.
      

    Note: See Secs. 264.1(f)(3), 265.1(c)(4)(ii), 271.3(b), 271.21(e)(2) 
and 271.121(c)(3) for applicability.


               Table 1--Regulations Implementing the Hazardous and Solid Waste Amendments of 1984               
----------------------------------------------------------------------------------------------------------------
   Promulgation date          Title of regulation           Federal Register reference        Effective date    
----------------------------------------------------------------------------------------------------------------
Jan. 14, 1985.........  Dioxin-containing wastes.......  50 FR 1978-2006................  July 15, 1985.        
Apr. 30, 1985.........  Paint filter liquids test......  50 FR 18370-5..................  June 14, 1985.        
July 15, 1985.........  Codification rule [as corrected  50 FR 28702-55.................  July 15, 1985.        
                         in 51 FR 2702, 1/21/86].                                                               
Oct. 23, 1985.........  Listing wastes from the          50 FR 42936-43.................  Oct. 23, 1985.        
                         production of dinitrotoluene,                                                          
                         toluenediamine, and toluene                                                            
                         diisocyanate.                                                                          
Nov. 29, 1985.........  Standards for the management of  50 FR 49164-212................  Dec. 9, 1985.         
                         the burning of specific wastes                                   Mar. 31, 1986.        
                         in specific types of                                             May 29, 1986.         
                         facilities.                                                                            
Dec. 31, 1985.........  Amendment of spent solvent       50 FR 53315-20.................  Jan. 30, 1986.        
                         listings to include solvent                                                            
                         mixtures [as corrected in 51                                                           
                         FR 19176, 5/28/86].                                                                    
Feb. 13, 1986.........  Listing wastes from the          51FR 5327-31...................  Aug. 13, 1986.        
                         production of ethylene                                                                 
                         dibromide (EDB).                                                                       
Feb. 25, 1986.........  Listing of four spent solvents   51 FR 6537-42..................  Aug. 25, 1986.        
                         and the still bottoms from                                                             
                         their recovery.                                                                        
Mar. 24, 1986.........  Regulations for generators of    51 FR 10146-76.................  Sept. 22, 1986.       
                         100-1000 kg/mo of hazardous                                                            
                         waste.                                                                                 
July 14, 1986.........  Hazardous Waste Tank             51 FR 25422-86.................  Jan. 12, 1987.        
                         Regulations:\1\ 260.10;                                          Mar. 24, 1987.        
                         262.34(a)(1); 264.110;                                                                 
                         264.140; 264.190-264.199;                                                              
                         265.110; 265.140; 265.190-                                                             
                         265.200; 270.14(b); 270.16;                                                            
                         and 270.72 (e).                                                                        
Aug. 8, 1986..........  Exports of hazardous waste.....  51 FR 28664-86.................  Nov. 8, 1986.         
Oct. 24, 1986.........  Listing Wastes from the          51 FR 37725....................  Apr. 24, 1987.        
                         Production and Formulation of                                                          
                         Ethylenebisdithiocarbamic Acid                                                         
                         (EBDC) and its Salts.                                                                  
Nov. 7, 1986..........  Land disposal restrictions for   51 FR 40572....................  Nov. 8, 1986.         
                         solvents and dioxins.                                                                  
July 8, 1987..........  Land disposal restrictions for   52 FR 25760....................  July 8, 1987.         
                         California list wastes.                                                                
Sept. 23, 1987........  Exception Reporting for Small    52 FR 35899....................  Mar. 23, 1988.        
                         Quantity Generators of                                                                 
                         Hazardous Waste.                                                                       
Dec. 1, 1987..........  Codification rule for the 1984   52 FR 45799....................  Dec. 31, 1987.        
                         RCRA Amendments.                                                                       
Aug. 17, 1988.........  Land disposal restrictions for   53 FR 31138-222................  Aug. 8, 1988.         
                         First Third wastes.                                                                    
June 23, 1989.........  Land Disposal Restrictions for   54 FR 26594-652................  June 8, 1989.         
                         Second Third wastes.                                                                   
Oct. 6, 1989..........  Listing Wastes from the          54 FR 41402-408................  Apr. 6, 1990.         
                         Production of Methyl Bromide.                                                          
Dec. 11, 1989.........  Listing Certain Hydrocarbons     54 FR 50968-978................  June 11, 1990.        
                         Produced by Free Radical                                                               
                         Catalyzed Processes.                                                                   
Mar. 29, 1990.........  Toxicity characteristic........  55 FR 11798-877................  Sept. 25, 1990.       
May 1, 1990...........  Listing Wastes from the          55 FR 18496-506................  Nov. 2, 1990.         
                         Production of UDMH from                                                                
                         Carboxylic Acid Hydrazides.                                                            
June 1, 1990..........  Land Disposal Restrictions for   55 FR 22520-720................  May 8, 1990.          
                         Third Third wastes.                                                                    
June 21, 1990.........  Process Vent and Equipment Leak  55 FR 25454-519................  Dec. 21, 1990.        
                         Organic Air Emission Standards                                                         
                         for Owners and Operators of                                                            
                         Hazardous Waste Treatment,                                                             
                         Storage, and Disposal                                                                  
                         Facilities.                                                                            
Nov. 2, 1990..........  Petroleum refinery primary and   55 FR 46354-397................  May 2, 1991.          
                         secondary oil/water/solids                                                             
                         separation sludge listings.                                                            
Dec. 6, 1990..........  The listing of wastes from wood  55 FR 50450-490................  June 6, 1991.         
                         preserving processes.\2\                                                               
Dec. 31, 1990.........  Burning of Hazardous Waste in    56 FR 7134-7240................  Aug. 21, 1991.        
                         Boilers and Industrial                                                                 
                         Furnaces.                                                                              
May 13, 1991..........  Petroleum refinery primary and   56 FR 21959....................  May 2, 1991.          
                         secondary oil/water/solids                                                             
                         separation sludge listings.                                                            
Aug. 19, 1991.........  Land disposal restrictions &     56 FR 41178....................  Aug. 8, 1991.         
                         generic exclusion for K061                                                             
                         nonwastewaters & conditional                                                           
                         exclusion for K061 HTMR splash                                                         
                         condenser dross residue.                                                               

[[Page 892]]

                                                                                                                
Jan. 29, 1992.........  Liners and Leak Detection for    57 FR 3497.....................  July 29, 1992.        
                         Hazardous Waste Land Disposal                                                          
                         Units \3\.                                                                             
June 22, 1992.........  Exclusion from the definition    57 FR 27888....................  June 22, 1992.        
                         of solid waste for the                                                                 
                         recycling of hazardous wastes                                                          
                         in the coke by-products                                                                
                         industry.                                                                              
Aug. 18, 1992.........  Land disposal restrictions for   57 FR 37282....................  June 30, 1992.        
                         newly listed wastes in Sec.                                                            
                         268.36 (b)-(g).                                                                        
    Do................  Land disposal restrictions for   ......Do.......................  Nov. 9, 1992.         
                         newly listed wastes in Sec.                                                            
                         268.36(a), hazardous debris,                                                           
                         and generic exclusion for K062                                                         
                         and F006 nonwaste-waters.                                                              
Aug. 18, 1992.........  The listing of wastes from the   57 FR 37306....................  Feb. 18, 1993         
                         production, recovery, and                                                              
                         refining of coke by-products                                                           
                         produced from coal.                                                                    
Oct. 15, 1992.........  Listing Wastes from the          57 FR 47386....................  Apr. 15, 1993.        
                         Production of Chlorinated                                                              
                         Toluenes.                                                                              
Nov. 18, 1992.........  Containerized Liquids in         57 FR 54461....................  May 18, 1992.         
                         Landfills.                                                                             
Nov. 24, 1992.........  Toxicity Characteristic          57 FR 55117....................  Nov. 24, 1992.        
                         Revision.                                                                              
Feb. 16, 1993.........  Corrective Action Management     58 FR 8685.....................  Apr. 19, 1993.        
                         Units and Temporary Units;                                                             
                         Corrective Action Provisions                                                           
                         under Subtitle C.                                                                      
May 24, 1993..........  Land disposal restrictions for   58 FR 29887....................  Aug. 9, 1993.         
                         characteristic wastes whose                                                            
                         treatment standards were                                                               
                         vacated.                                                                               
Nov. 9, 1993..........  Burning of hazardous waste in    58 FR 59603....................  Oct. 15, 1993.        
                         boilers and industrial                                                                 
                         furnaces.                                                                              
Sept. 19, 1994........  Land Disposal Restrictions       47982-48110....................  Dec. 19, 1994.        
                         Phase II--Universal Treatment                                                          
                         Standards, and Treatment                                                               
                         Standards for Organic Toxicity                                                         
                         Characteristic Wastes and                                                              
                         Newly Listed Wastes \4\ in                                                             
                         Sec.  268.38.                                                                          
Dec. 6, 1994..........  Air Emission Standards for       59 FR 62896-62953..............  Oct. 6, 1996.         
                         Tanks, Surface Impoundments,                                                           
                         and Containers.                                                                        
Feb. 9, 1995..........  Listing Wastes from the          60 FR 7856.....................  Aug. 9, 1995.         
                         Production of Carbamates.                                                              
July 11, 1995.........  Containerized Liquids in         60 FR 35706....................  Sept. 11, 1995.       
                         Landfills.                                                                             
April 8, 1996.........  Land Disposal Restrictions       61 FR 15660....................  July 8, 1996.         
                         Phase III--Decharacterized                                                             
                         Wastesaters, Carbamate Wastes,                                                         
                         and Spent Aluminum Potliners                                                           
                         in Sec.  268.39.                                                                       
July 1, 1996..........  Revisions to Criteria            61 FR 34278....................  Jan. 1, 1998.         
                         applicable to solid waste                                                              
                         facilities that may accept                                                             
                         CESQG hazardous wastes,                                                                
                         excluding MSWLF's.                                                                     
----------------------------------------------------------------------------------------------------------------
\1\ These regulations implement HSWA only to the extent that they apply to tank systems owned or operated by    
  small quantity generators, establish leak detection requirements for all new underground tank systems, and    
  establish permitting standards for underground tank systems that cannot be entered for inspection.            
\2\ These regulations, including test methods for benzo(k)fluoranthene and technical standards for drip pads,   
  implement HSWA only to the extent that they apply to the listing of Hazardous Waste No. F032, and wastes that 
  are hazardous because they exhibit the Toxicity Characteristic. These regulations, including test methods for 
  benzo(k)fluoranthene and technical standards for drip pads, do not implement HSWA to the extent that they     
  apply to the listings of Hazardous Waste Nos. F034 and F035.                                                  
\3\ The following portions of this rule are not HSWA regulations: Secs.  264.19 and 265.19 for final covers.    
\4\ The following portions of this rule are not HSWA regulations: Secs.  260.30, 260.31, 261.2.                 


            Table 2--Self-Implementing Provisions of the Hazardous and Solid Waste Amendments of 1984           
----------------------------------------------------------------------------------------------------------------
                                                                                             Federal Register   
    Effective date        Self-implementing provision             RCRA citation                  reference      
----------------------------------------------------------------------------------------------------------------
Nov. 8, 1984..........  Delisting procedures...........  3001(f)........................  July 15, 1985, 50 FR  
                                                                                           28702-55.            
    Do................  Waste disposal for small         3001(d)(5).....................      Do.               
                         quantity generators prior to                                                           
                         March 31, 1986.                                                                        
    Do................  Prohibition of disposal in salt  3004(b)........................      Do.               
                         domes, salt beds and                                                                   
                         underground mines and caves.                                                           
    Do................  Land disposal prohibition not    3004(d)(3).....................      Do.               
                         applicable to contaminated                                                             
                         soil or debris from a CERCLA                                                           
                         response action or a RCRA                                                              
                         corrective action prior to                                                             
                         November 8, 1988.                                                                      
    Do................  Loss of interim status.........  3005(c)(2)(C) & (e)(2)-(3).....      Do.               
    Do................  Storage of wastes prohibited     3004(j) & 3005(j)(11)..........      Do.               
                         from land disposal.                                                                    
    Do................  Prohibition of waste and used    3004(l)........................      Do.               
                         oil as dust suppressant.                                                               
    Do................  Minimum technological            3004(o)........................      Do.               
                         requirements for new and                                                               
                         expanding surface                                                                      
                         impoundments, landfills and                                                            
                         incinerators.                                                                          
    Do................  Ground water monitoring........  3004(p)........................      Do.               
    Do................  Prohibition for burning fuels    3004(q)(2)(C)..................      Do.               
                         containing hazardous waste in                                                          
                         any cement kilns.                                                                      

[[Page 893]]

                                                                                                                
    Do................  Financial responsibility for     3004(t)(2)-(3).................      Do.               
                         liability of guarantor when                                                            
                         owner/operator is in                                                                   
                         bankruptcy.                                                                            
    Do................  Corrective action..............  3004(u)........................      Do.               
    Do................  Review of land disposal permits  3005(c)(3).....................      Do.               
                         every 5 years.                                                                         
    Do................  Permit terms and conditions      3005(c)(3).....................      Do.               
                         necessary to protect human                                                             
                         health and the envirorment.                                                            
    Do................  Research, development, and       3005(g)........................      Do.               
                         demonstration permits.                                                                 
    Do................  Interim status facilities        3005(i)........................      Do.               
                         receiving waste after July 26,                                                         
                         1982.                                                                                  
    Do................  Deadline for surface             3005(j)(5).....................      Do.               
                         impoundment retrofit exemption                                                         
                         application.                                                                           
Feb. 7, 1985..........  Fuel labeling requirements.....  3004(r)........................      Do.               
May 8, 1985...........  Prohibition of liquids in        3004(c)(1).....................      Do.               
                         landfills.                                                                             
    Do................  Expansions during interim        3015(a)........................      Do.               
                         status for waste piles.                                                                
    Do................  Expansions during interim        3015(b)........................      Do.               
                         status for landfills and                                                               
                         surface impoundments.                                                                  
    Do................  Interim control of hazardous     7010(a)........................      Do.               
                         waste disposed of by                                                                   
                         underground injection.                                                                 
Aug. 5, 1985..........  Small quantity generator         3001(d)(3).....................      Do.               
                         manifest requirements.                                                                 
Aug. 8, 1985..........  Exposure assessments to          3019(a)........................      Do.               
                         accompany landfill and surface                                                         
                         impoundment permit                                                                     
                         applications.                                                                          
Sept. 1, 1985.........  Waste mininization               3002(b)........................      Do.               
                         certification on manifest.                                                             
    Do................  Waste minimization permit        3005(h)........................      Do.               
                         condition.                                                                             
Nov. 8, 1985..........  Prohibition of non-hazardous     3004(c)(3).....................      Do.               
                         liquids in landfills.                                                                  
    Do................  Notification of hazardous waste  3017(c)........................      Do.               
                         export.                                                                                
Feb. 8, 1986 \1\......  Notification requirements for    3010(a)........................  Nov. 29, 1985, 50 FR  
                         producers, burners, blenders,                                     49164-211.           
                         distributors and marketers of                                                          
                         waste derived fuel.                                                                    
Mar. 31, 1986 \2\.....  Small quantity generator         3001(d)(8).....................  Mar. 24, 1986, 51 FR  
                         requirements.                                                     10146-78.            
Nov. 8, 1986..........  Land disposal prohibitions on    3004(e)........................  Nov. 7, 1986, 51 FR   
                         dioxins and F001-F005 solvents.                                   40572.               
    Do................  Temporary granting of exclusion  3001(f)(2)(B)..................  ......................
                         petitions ceases.                                                                      
    Do................  Export of hazardous waste......  3017(a)........................  Aug. 8, 1986, 51 FR   
                                                                                           28664-86.            
July 8, 1987..........  Land disposal restrictions for   3004(d)........................  July 8, 1987, 52 FR   
                         California list wastes.                                           25760.               
Sept. 23, 1987........  Exception reporting for small    52 FR 35899....................  Mar. 23, 1988.        
                         quantity generators of                                                                 
                         hazardous waste.                                                                       
Aug. 8, 1988..........  Prohibition on California        3004(f)(3).....................  ......................
                         wastes, dioxins, and solvents                                                          
                         in deep injection wells.                                                               
    Do................  Land disposal restrictions of    3004(g)(6)(A)..................  Aug. 17, 1988, 53 FR  
                         \1/3\ of listed wastes.                                           31138-222.           
Nov. 8, 1988..........  Prohibition on wastes in         3005(j)........................  ......................
                         existing surface impoundments                                                          
                         unless double lined.                                                                   
June 8, 1989..........  Prohibition on land disposal of  3004(g)(6)(B)..................  June 23, 1989, 54 FR  
                         \2/3\ of listed wastes.                                           26594-652.           
May 8, 1990...........  Prohibition on land disposal of  3004(g)(6)(C)..................  June 1, 1990, 55 FR   
                         3/3 of listed wastes.                                             22520-720.           
Aug. 8, 1991..........  Prohibition on land disposal of  3004(g)(6)(A)..................  Aug. 19, 1991, 56 FR  
                         K061 high zinc nonwastewaters.                                    41178.               
June 30, 1992.........  Surface Impoundment Retrofit...  37282..........................  Aug. 18, 1992, 57 FR  
                                                                                           37282.               
Nov. 9, 1992..........  Prohibition on land disposal of  ......Do.......................  Aug. 18, 1992, 57 FR  
                         hazardous debris and newly                                        37282.               
                         listed wastes.                                                                         
Feb. 18, 1993.........  Containment buildings..........  ......Do.......................  Aug. 18, 1992, 57 FR  
                                                                                           37282.               
Aug. 9, 1993..........  Prohibition on land disposal of  3004(g)(6)(c)..................  May 24, 1993, 58 FR   
                         characteristic wastes whose                                       29887.               
                         treatment standards were                                                               
                         vacated.                                                                               
Dec. 19, 1994.........  Prohibition on land disposal of  3004(g)(4)(C) and 3004(m)......  Sept. 19, 1994, 59 FR 
                         newly listed and identified                                       47982-48110.         
                         wastes.                                                                                
Sept. 19, 1995........  Establishment of treatment       3004(m)........................      Do.               
                         standards for D001 and D012-                                                           
                         D017 wastes injected into                                                              
                         nonhazardous deep wells.                                                               
April 8, 1996.........  Prohibition on land disposal of  3004(m)........................  April 8, 1996, 61 FR  
                         K088 wastes.                                                      15660.               
July 8, 1996..........  Prohibition on land disposal of  3004(m)........................  April 8, 1996, 61 FR  
                         carbamate wastes.                                                 15660.               

[[Page 894]]

                                                                                                                
Sept. 6, 1996.........  Prohibition on land disposal of  3004(g)(4)(C) and 3004(m)......  Sept. 19, 1994, 59 FR 
                         radioactive waste mixed with                                      47982-48110.         
                         the newly listed or identified                                                         
                         wastes, including soil and                                                             
                         debris.                                                                                
October 6, 1996.......  Air Emission Standards for       3004(n)........................  Dec. 6, 1994, 59 FR   
                         Tanks, Surface Impoundments,                                      62896-62953.         
                         and Containers.                                                                        
October 8, 1996.......  Prohibition on land disposal of  3004(m)........................  April 8, 1998, 61 FR  
                         K088 wastes.                                                      15660.               
----------------------------------------------------------------------------------------------------------------
\1\ Note that the effective date was changed to Jan. 29, 1986 by the Nov. 29, 1985 rule.                        
\2\ Note that the effective date was changed to Sept. 22, 1986 by the Mar. 24, 1986 rule.                       


[48 FR 14248, Apr. 1, 1983]

    Editorial Note: For Federal Register citations affecting Sec. 271.1, 
see the List of CFR Sections Affected in the Finding Aids section of 
this volume.

    Effective Date Note 1: At 59 FR 62952, 62953, Dec. 6, 1994, in 
Sec. 271.1(j), Tables 1 and 2 were amended by adding the entry ``Air 
Emission Standards for Tanks, Surface Impoundments, and Containers'' in 
each table. At 60 FR 26828, May 19, 1995, the effective date of the 
regulations at 59 FR 62952 and 62953 was delayed to Dec. 6, 1995, at 60 
FR 56952, Nov. 13, 1995, the effective date was delayed to June 6, 1996, 
and at 61 FR 28508, June 5, 1996, the effective date was further delayed 
to Oct. 6, 1996.

    Effective Date Note 2: At 61 FR 34278, July 1, 1996, in 
Sec. 271.1(j), Table 1 was amended by adding the entry for July 1, 1996, 
effective Jan. 1, 1997.



Sec. 271.2  Definitions.

    The definitions in part 270 apply to all subparts of this part.



Sec. 271.3  Availability of final authorization.

    (a) Where a State program meets the requirements of section 3006 of 
RCRA and this subpart it may receive authorization for any provision of 
its program corresponding to a Federal provision in effect on the date 
of the State's authorization.
    (b) States approved under this subpart are authorized to administer 
and enforce their hazardous waste program in lieu of the Federal 
program, except as provided below:
    (1) Any requirement or prohibition which is applicable to the 
generation, transportation, treatment, storage, or disposal of hazardous 
waste and which is imposed pursuant to the Hazardous and Solid Waste 
Amendments of 1984 takes effect in each State having a finally 
authorized State program on the same date as such requirement takes 
effect in other States. These requirements and prohibitions are 
identified in Sec. 271.1(j).
    (2) The requirements and prohibitions in Sec. 271.1(j) supersede any 
less stringent provision of a State program. The Administrator is 
authorized to carry out each such Federal requirement and prohibition in 
an authorized State except where, pursuant to section 3006(b) or 
3006(g)(2) of RCRA, the State has received final or interim 
authorization to carry out the particular requirement or prohibition. 
Violations of Federal requirements and prohibitions effective in 
authorized States are enforceable under sections 3008, 3013 and 7003 of 
RCRA.
    (3) Until an authorized State program is revised to reflect the 
amendments made by the Hazardous and Solid Waste Amendments of 1984 and 
such program revisions receive final or interim authorization pursuant 
to section 3006(b) or 3006(g)(2) of RCRA, the Administrator shall have 
the authority in such State to issue or deny permits or those portions 
of permits affected by the requirements and prohibitions established by 
the Hazardous and Solid Waste Amendments of 1984.
    (c) Official State applications for final authorization may be 
reviewed on the basis of Federal self-implementing statutory provisions 
that were in effect

[[Page 895]]

12 months prior to the State's submission of its official application 
(if no implementing regulations have previously been promulgated) and 
the regulations in 40 CFR parts 124, 260-266, 268, 270 and 271 that were 
in effect 12 months prior to the State's submission of its official 
application. To meet this requirement the State may demonstrate that its 
program qualifies for final authorization pursuant to this subpart or 
interim authorization under Sec. 271.24. States are not precluded from 
seeking authorization for requirements taking effect less than 12 months 
prior to the State's submittal of its final application.

[48 FR 14248, Apr. 1, 1983, as amended at 50 FR 28753, July 15, 1985; 51 
FR 33721, Sept. 22, 1986; 60 FR 33914, June 29, 1995]



Sec. 271.4  Consistency.

    To obtain approval, a State program must be consistent with the 
Federal program and State programs applicable in other States and in 
particular must comply with the provisions below. For purposes of this 
section the phrase ``State programs applicable in other States'' refers 
only to those State hazardous waste programs which have received final 
authorization under this part.
    (a) Any aspect of the State program which unreasonably restricts, 
impedes, or operates as a ban on the free movement across the State 
border of hazardous wastes from or to other States for treatment, 
storage, or disposal at facilities authorized to operate under the 
Federal or an approved State program shall be deemed inconsistent.
    (b) Any aspect of State law or of the State program which has no 
basis in human health or environmental protection and which acts as a 
prohibition on the treatment, storage or disposal of hazardous waste in 
the State may be deemed inconsistent.
    (c) If the State manifest system does not meet the requirements of 
this part, the State program shall be deemed inconsistent.

[48 FR 14248, Apr. 1, 1983; 48 FR 30114, June 30, 1983]



Sec. 271.5  Elements of a program submission.

    (a) Any State that seeks to administer a program under this part 
shall submit to the Administrator at least three copies of a program 
submission. The submission shall contain the following:
    (1) A letter from the Governor of the State requesting program 
approval;
    (2) A complete program description, as required by Sec. 271.6 
describing how the State intends to carry out its responsibilities under 
this subpart;
    (3) An Attorney General's statement as required by Sec. 271.7;
    (4) A Memorandum of Agreement with the Regional Administrator as 
required by Sec. 271.8;
    (5) Copies of all applicable State statutes and regulations, 
including those governing State administrative procedures; and
    (6) The showing required by Sec. 271.20(c) of the State's public 
participation activities prior to program submission.
    (b) Within 30 days of receipt by EPA of a State program submission, 
EPA will notify the State whether its submission is complete. If EPA 
finds that a State's submission is complete, the statutory review period 
(i.e., the period of time allotted for formal EPA review of a proposed 
State program under section 3006(b) of the Act) shall be deemed to have 
begun on the date of receipt of the State's submission. If EPA finds 
that a State's submission is incomplete, the review period shall not 
begin until all necessary information is received by EPA.
    (c) If the State's submission is materially changed during the 
review period, the review period shall begin again upon receipt of the 
revised submission.
    (d) The State and EPA may extend the review period by agreement.



Sec. 271.6  Program description.

    Any State that seeks to administer a program under this subpart 
shall submit a description of the program it proposes to administer in 
lieu of the Federal program under State law or under an interstate 
compact. The program description shall include:

[[Page 896]]

    (a) A description in narrative form of the scope, structure, 
coverage and processes of the State program.
    (b) A description (including organization charts) of the 
organization and structure of the State agency or agencies which will 
have responsibility for administering the program, including the 
information listed below. If more than one agency is responsible for 
administration of a program, each agency must have statewide 
jurisdiction over a class of activities. The responsibilities of each 
agency must be delineated, their procedures for coordination set forth, 
and an agency must be designated as a ``lead agency'' to facilitate 
communications between EPA and the State agencies having program 
responsibilities. When the State proposes to administer a program of 
greater scope of coverage than is required by Federal law, the 
information provided under this paragraph shall indicate the resources 
dedicated to administering the Federally required portion of the 
program.
    (1) A description of the State agency staff who will carry out the 
State program, including the number, occupations, and general duties of 
the employees. The State need not submit complete job descriptions for 
every employee carrying out the State program.
    (2) An itemization of the estimated costs of establishing and 
administering the program, including cost of the personnel listed in 
paragraph (b)(1) of this section, cost of administrative support, and 
cost of technical support. This estimate must cover the first two years 
after program approval.
    (3) An itemization of the sources and amounts of funding, including 
an estimate of Federal grant money, available to the State Director to 
meet the costs listed in paragraph (b)(2) of this section, identifying 
any restrictions or limitations upon this funding. This estimate must 
cover the first two years after program approval.
    (c) A description of applicable State procedures, including 
permitting procedures and any State administrative or judicial review 
procedures.
    (d) Copies of the permit form(s), application form(s), and reporting 
form(s) the State intends to employ in its program. Forms used by the 
State for hazardous waste management need not be identical to the forms 
used by EPA but should require the same basic information, except that 
the State RCRA program must require the use of EPA Manifest Forms 8700-
22 and 8700-22A. Where the State preprints information on the Manifest 
forms, such forms must be submitted with the State's application for 
approval. Restrictions on preprinting by the States are identified in 40 
CFR 271.10(h). Otherwise, the State need not provide copies of uniform 
national forms it intends to use but should note its intention to use 
such forms.
    (e) A complete description of the State's compliance tracking and 
enforcement program.
    (f) A description of the State manifest tracking system, and of the 
procedures the State will use to coordinate information with other 
approved State programs and the Federal program regarding interstate and 
international shipments.
    (g) An estimate of the number of the following:
    (1) Generators;
    (2) Transporters; and
    (3) On- and off-site storage, treatment and disposal facilities, and 
a brief description of the types of facilities and an indication of the 
permit status of these facilities.
    (h) If available, an estimate of the annual quantities of hazardous 
wastes generated within the State; transported into and out of the 
State; and stored, treated, or disposed of within the State: On-site; 
and Off-site.

[48 FR 14248, Apr. 1, 1983, as amended at 49 FR 10506, Mar. 20, 1984]



Sec. 271.7  Attorney General's statement.

    (a) Any State that seeks to administer a program under this subpart 
shall submit a statement from the State Attorney General (or the 
attorney for those State agencies which have independent legal counsel) 
that the laws of the State provide adequate authority to carry out the 
program described under Sec. 271.6 and to meet the requirements of this 
subpart. This statement shall include citations to the specific 
statutes, administrative regulations and, where appropriate, judicial 
decisions which demonstrate adequate

[[Page 897]]

authority. State statutes and regulations cited by the State Attorney 
General or independent legal counsel shall be in the form of lawfully 
adopted State statues and regulations at the time the statement is 
signed and shall be fully effective by the time the program is approved. 
To qualify as ``independent legal counsel'' the attorney signing the 
statement required by this section must have full authority to 
independently represent the State agency in court on all matters 
pertaining to the State program.

    Note: EPA will supply States with an Attorney General's statement 
format on request.

    (b) When a State seeks authority over activities on Indian lands, 
the statement shall contain an appropriate analysis of the State's 
authority.



Sec. 271.8  Memorandum of Agreement with the Regional Administrator.

    (a) Any State that seeks to administer a program under this subpart 
shall submit a Memorandum of Agreement (MOA). The Memorandum of 
Agreement shall be executed by the State Director and the Regional 
Administrator and shall become effective when approved by the 
Administrator. In addition to meeting the requirements of paragraph (b) 
of this section, the Memorandum of Agreement may include other terms, 
conditions, or agreements consistent with this subpart and relevant to 
the administration and enforcement of the State's regulatory program. 
The Administrator shall not approve any Memorandum of Agreement which 
contains provisions which restrict EPA's statutory oversight 
responsibility.
    (b) All Memoranda of Agreement shall include the following:
    (1) Provisions for the Regional Administrator to promptly forward to 
the State Director information obtained prior to program approval in 
notifications provided under section 3010(a) of RCRA. The Regional 
Administrator and the State Director shall agree on procedures for the 
assignment of EPA identification numbers for new generators, 
transporters, treatment, storage, and disposal facilities.
    (2) Provisions specifying the frequency and content of reports, 
documents and other information which the State is required to submit to 
EPA. The State shall allow EPA to routinely review State records, 
reports, and files relevant to the administration and enforcement of the 
approved program. State reports may be combined with grant reports where 
appropriate.
    (3) Provisions on the State's compliance monitoring and enforcement 
program, including:
    (i) Provisions for coordination of compliance monitoring activities 
by the State and by EPA. These may specify the basis on which the 
Regional Administrator will select facilities or activities within the 
State for EPA inspection. The Regional Administrator will normally 
notify the State at least 7 days before any such inspection; and
    (ii) Procedures to assure coordination of enforcement activities.
    (4) Provisions allowing EPA to conduct compliance inspections of all 
generators, transporters, and HWM facilities in each year for which the 
State is operating under final authorization. The Regional Administrator 
and the State Director may agree to limitations on compliance 
inspections of generators, transporters, and non-major HWM facilities.
    (5) No limitations on EPA compliance inspections of generators, 
transporters, or non-major HWM facilities under paragraph (b)(4) of this 
section shall restrict EPA's right to inspect any generator, 
transporter, or HWM facility which it has cause to believe is not in 
compliance with RCRA; however, before conducting such an inspection, EPA 
will normally allow the State a reasonable opportunity to conduct a 
compliance evaluation inspection.
    (6) Provisions for the prompt transfer from EPA to the State of 
pending permit applications and any other information relevant to 
program operation not already in the possession of the State Director 
(e.g., support files for permit issuance, compliance reports, etc.). 
When existing permits are transferred from EPA to the State for 
administration, the Memorandum of Agreement shall contain provisions 
specifying a procedure for transferring

[[Page 898]]

the administration of these permits. If a State lacks the authority to 
directly administer permits issued by the Federal government, a 
procedure may be established to transfer responsibility for these 
permits.

    Note: For example, EPA and the State and the permittee could agree 
that the State would issue a permit(s) identical to the outstanding 
Federal permit which would simultaneously be terminated.

    (7) Provisions specifying classes and categories of permit 
applications, draft permits, and proposed permits that the State will 
send to the Regional Administrator for review, comment and, where 
applicable, objection.
    (8) When appropriate, provisions for joint processing of permits by 
the State and EPA, for facilities or activities which require permits 
from both EPA and the State under different programs. See Sec. 124.4

    Note: To promote efficiency and to avoid duplication and 
inconsistency, States are encouraged to enter into joint processing 
agreements with EPA for permit issuance.

    (9) Provisions for the State Director to promptly forward to EPA 
copies of draft permits and permit applications for all major HWM 
facilities for review and comment. The Regional Administrator and the 
State Director may agree to limitations regarding review of and comment 
on draft permits and/or permit applications for non-major HWM 
facilities. The State Director shall supply EPA copies of final permits 
for all major HWM facilities.
    (10) Provisions for the State Director to review all permits issued 
under State law prior to the date of program approval and modify or 
revoke and reissue them to require compliance with the requirements of 
this subpart. The Regional Administrator and the State Director shall 
establish a time within which this review must take place.
    (11) Provisions for modification of the Memorandum of Agreement in 
accordance with this subpart.
    (c) The Memorandum of Agreement, the annual program grant and the 
State/EPA Agreement should be consistent. If the State/EPA Agreement 
indicates that a change is needed in the Memorandum of Agreement, the 
Memorandum of Agreement may be amended through the procedures set forth 
in this subpart. The State/EPA Agreement may not override the Memorandum 
of Agreement.

    Note: Detailed program priorities and specific arrangements for EPA 
support of the State program will change and are therefore more 
appropriately negotiated in the context of annual agreements rather than 
in the MOA. However, it may still be appropriate to specify in the MOA 
the basis for such detailed agreements, e.g., a provision in the MOA 
specifying that EPA will select facilities in the State for inspection 
annually as part of the State/EPA agreement.



Sec. 271.9  Requirements for identification and listing of hazardous wastes.

    (a) The State program must control all the hazardous wastes 
controlled under 40 CFR part 261 and must adopt a list of hazardous 
wastes and set of characteristics for identifying hazardous wastes 
equivalent to those under 40 CFR part 261.
    (b) The State is not required to have a delisting mechanism. A State 
may receive authorization for delisting if the State regulations for 
delisting decisions are equivalent to Sec. 260.20(b) and Sec. 260.22, 
and the State provides public notice and opportunity for comment before 
granting or denying delisting requests.

[51 FR 33721, Sept. 22, 1986]



Sec. 271.10  Requirements for generators of hazardous wastes.

    (a) The State program must cover all generators covered by 40 CFR 
part 262. States must require new generators to contact the State and 
obtain an EPA identification number before they perform any activity 
subject to regulation under the approved State hazardous waste program.
    (b) The State shall have authority to require and shall require all 
generators to comply with reporting and recordkeeping requirements 
equivalent to those under 40 CFR 262.40 and 262.41. States must require 
that generators keep these records at least 3 years.
    (c) The State program must require that generators who accumulate 
hazardous wastes for short periods of time comply with requirements that 
are

[[Page 899]]

equivalent to the requirements for accumulating hazardous wastes for 
short periods of time under 40 CFR 262.34.
    (d) The State program must require that generators comply with 
requirements that are equivalent to the requirements for the packaging, 
labeling, marking, and placarding of hazardous waste under 40 CFR 262.30 
to 262.33, and are consistent with relevant DOT regulations under 49 CFR 
parts 172, 173, 178 and 179.
    (e) The State program shall provide requirements respecting 
international shipments which are equivalent to those at 40 CFR part 262 
subparts E and F, except that:
    (1) Advance notification, annual reports and exception reports in 
accordance with 40 CFR 262.53, 262.55 and 262.56 shall be filed with the 
Administrator; States may require that copies of the documents 
referenced also be filed with the State Director; and
    (2) The Administrator will notify foreign countries of intended 
exports in conjunction with the Department of State and primary 
exporters of foreign countries' responses in accordance with 40 CFR 
262.53.

    Note: Such notices shall be mailed to the Office of Waste Programs 
Enforcement, RCRA Enforcement Division (OS-520), Environmental 
Protection Agency, 401 M Street SW., Washington, DC 20460.

    (f) The State must require that all generators of hazardous waste 
who transport (or offer for transport) such hazardous waste off-site:
    (1) Use a manifest system that ensures that interstate and 
intrastate shipments of hazardous waste are designated for delivery, 
and, in the case of intrastate shipments, are delivered to facilities 
that are authorized to operate under an approved State program or the 
federal program. The manifest system must include the use of manifest 
form as required by Sec. 262.20(a) and Sec. 262.21. No other manifest 
form, shipping document, or information, other than that required by 
federal law, may be required by the State to travel with the shipment.
    (2) Initiate the manifest and designate on the manifest the storage, 
treatment, or disposal facility to which the waste is to be shipped.
    (3) Ensure that all wastes offered for transportation are 
accompanied by the manifest, except in the case of shipments by rail or 
water specified in 40 CFR 262.23 (c) and (d) and Sec. 262.20 (e) and 
(f). The State program shall provide requirements for shipments by rail 
or water equivalent to those under 40 CFR 262.23 (c) and (d) and 
Sec. 263.20 (e) and (f).
    (4) Investigate instances where manifests have not been returned by 
the owner or operator of the designated facility and report such 
instances to the State in which the shipment originated.
    (g) In the case of interstate shipments for which the manifest has 
not been returned, the State program must provide for notification to 
the State in which the facility designated on the manifest is located 
and to the State in which the shipment may have been delivered (or to 
EPA in the case of unauthorized States).
    (h) The State must follow the Federal manifest format (40 CFR 
262.21) and may supplement the format to a limited extent subject to the 
consistency requirements of the Hazardous Materials Transportation Act 
(49 U.S.C. 1801 et seq.).
    (1) A State that supplies the manifest form required by 
Sec. 262.20(a) may preprint information on the form only as follows:
    (i) In Items A and L, a State manifest document number; (EPA Form 
8700-22, items A; EPA Form 8700-22A, item L);
    (ii) In Items 11 and 28, a hazardous materials (HM) column for use 
in distinguishing between federally regulated wastes and other materials 
according to 49 CFR 172.201(a)(1);
    (iii) Anywhere on the form, light organizational marks to indicate 
proper placement of characters or to facilitate data entry;
    (iv) Anywhere in the margin of the form or on the back of the form, 
any information or instructions that do not require generators, 
transporters, or owners or operators of hazardous waste management 
facilities to supply additional information;
    (v) In Item 16, reference to State laws or regulations following the 
federal certification; and

[[Page 900]]

    (vi) Abbreviations for headings in State optional information spaces 
(EPA Form 8700-22, Items A-H; and EPA Form 8700-22A, Items L-Q).
    (2) In addition to the federally required information, both the 
State in which the generator is located and the State in which the 
designated facility is located may require completion of the following 
items:
    (i) State manifest document number (EPA Form 8700-22, Item A; EPA 
Form 8700-22A Item L);
    (ii) For generators, State generator identification numbers (EPA 
Form 8700-22, Item B; EPA Form 8700-22A, Item M);
    (iii) For transporters, telephone numbers and State transporter 
identification numbers (EPA Form 8700-22, Items C, D, E and F; EPA Form 
8700-22A, Items N, O, P and Q);
    (iv) For owners and operators of hazardous waste management 
facilities, facility telephone number, and State facility identification 
numbers (EPA Form 8700-22, Items G and H);
    (v) Codes associated with particular wastes (EPA Form 8700-22, Item 
I; EPA Form 8700-22A, Item R);
    (vi) Codes associated with particular waste treatment, storage, or 
disposal methods (EPA Form 8700-22, Item K; EPA Form 8700-22A, Item T); 
and
    (vii) Additional waste description associated with particular 
hazardous wastes listed on the Manifest. This information is limited to 
information such as chemical names, constituent percentages, and 
physical state (EPA Form 8700-22, Item J; EPA Form 8700-22A, Item S).
    (3) No State, however, may impose enforcement sanctions on a 
transporter during transportation of the shipment for failure of the 
form to include preprinted information or optional State information 
items.
    (i) Unless otherwise provided in part 271, the State program shall 
have standards for generators which are at least as stringent as any 
amendment to 40 CFR Part 262 which is promulgated after July 1, 1984.

[48 FR 14248, Apr. 1, 1983, as amended at 48 FR 30114, June 30, 1983; 49 
FR 10506, Mar. 20, 1984; 49 FR 11180, Mar. 26, 1984; 51 FR 28685, Aug. 
8, 1986; 51 FR 33722, Sept. 22, 1986; 56 FR 43705, Sept. 4, 1991]



Sec. 271.11  Requirements for transporters of hazardous wastes.

    (a) The State program must cover all transporters covered by 40 CFR 
part 263. New transporters must be required to contact the State and 
obtain an EPA identification number from the State before they accept 
hazardous waste for transport.
    (b) The State shall have the authority to require and shall require 
all transporters to comply with recordkeeping requirements equivalent to 
those found at 40 CFR 263.22. States must require that records be kept 
at least 3 years.
    (c) The State must require the transporter to carry the manifest 
during transport, except in the case of shipments by rail or water 
specified in 40 CFR 263.20 (e) and (f) and to deliver waste only to the 
facility designated on the manifest. The State program shall provide 
requirements for shipments by rail or water equivalent to those under 40 
CFR 263.20 (e) and (f). For exports of hazardous waste, the State must 
require the transporter to refuse to accept hazardous waste for export 
if he knows the shipment does not conform to the EPA Acknowledgment of 
Consent, to carry an EPA Acknowledgment of Consent to the shipment, and 
to provide a copy of the manifest to the U.S. Customs official at the 
point the waste leaves the United States.
    (d) For hazardous wastes that are discharged in transit, the State 
program must require that transporters notify appropriate State, local, 
and Federal agencies of such discharges, and clean up such wastes, or 
take action so that such wastes do not present a hazard to human health 
or the environment. These requirements shall be equivalent to those 
found at 40 CFR 263.30 and 263.31.
    (e) Unless otherwise provided in part 271, the State program shall 
have standards for transporters which are at least as stringent as any 
amendment to 40 CFR Part 263 which is promulgated after July 1, 1984.

[48 FR 14248, Apr. 1, 1983, as amended at 51 FR 28686, Aug. 8, 1986; 51 
FR 33722, Sept. 22, 1986]


[[Page 901]]





Sec. 271.12  Requirements for hazardous waste management facilities.

    The State shall have standards for hazardous waste management 
facilities which are equivalent to 40 CFR parts 264 and 266. These 
standards shall include:
    (a) Technical standards for tanks, containers, waste piles, 
incineration, chemical, physical and biological treatment facilities, 
surface impoundments, landfills, and land treatment facilities;
    (b) Financial responsibility during facility operation;
    (c) Preparedness for and prevention of discharges or releases of 
hazardous waste; contingency plans and emergency procedures to be 
followed in the event of a discharge or release of hazardous waste;
    (d) Closure and post-closure requirements including financial 
requirements to ensure that money will be available for closure and 
post-closure monitoring and maintenance;
    (e) Groundwater monitoring;
    (f) Security to prevent unauthorized access to the facility;
    (g) Facility personnel training;
    (h) Inspections, monitoring, recordkeeping, and reporting;
    (i) Compliance with the manifest system, including the requirements 
that facility owners or operators return a signed copy of the manifest 
to the generator to certify delivery of the hazardous waste shipment;
    (j) Other requirements to the extent that they are included in 40 
CFR parts 264 and 266.



Sec. 271.13  Requirements with respect to permits and permit applications.

    (a) State law must require permits for owners and operators of all 
hazardous waste management facilities required to obtain a permit under 
40 CFR part 270 and prohibit the operation of any hazardous waste 
management facility without such a permit, except that States may, if 
adequate legal authority exists, authorize owners and operators of any 
facility which would qualify for interim status under the Federal 
program to remain in operation until a final decision is made on the 
permit application, or until interim status terminates pursuant to 40 
CFR 270.73 (b) through (f). When State law authorizes such continued 
operation it shall require compliance by owners and operators of such 
facilities with standards at least as stringent as EPA's interim status 
standards at 40 CFR part 265.
    (b) The State must require all new HWM facilities to contact the 
State and obtain an EPA identification number before commencing 
treatment, storage, or disposal of hazardous waste.
    (c) All permits issued by the State shall require compliance with 
the standards adopted by the State under Sec. 271.12.
    (d) All permits issued under State law prior to the date of approval 
of final authorization shall be reviewed by the State Director and 
modified or revoked and reissued to require compliance with the 
requirements of this part.

[48 FR 14248, Apr. 1, 1983, as amended at 51 FR 33722, Sept. 22, 1986]



Sec. 271.14  Requirements for permitting.

    All State programs under this subpart must have legal authority to 
implement each of the following provisions and must be administered in 
conformance with each; except that States are not precluded from 
omitting or modifying any provisions to impose more stringent 
requirements:
    (a) Section 270.1(c)(1)--(Specific inclusions);
    (b) Section 270.4--(Effect of permit);
    (c) Section 270.5--(Noncompliance reporting);
    (d) Section 270.10--(Application for a permit);
    (e) Section 270.11--(Signatories);
    (f) Section 270.12--(Confidential information);
    (g) Section 270.13--(Contents of part A);
    (h) Sections 270.14 through 270.29--(Contents of part B);

    Note: States need not use a two part permit application process. The 
State application process must, however, require information in 
sufficient detail to satisfy the requirements of Secs. 270.13 through 
270.29.

    (i) Section 270.30--(Applicable permit conditions);
    (j) Section 270.31--(Monitoring requirements);

[[Page 902]]

    (k) Section 270.32--(Establishing permit conditions);
    (l) Section 270.33--(Schedule of compliance);
    (m) Section 270.40--(Permit transfer);
    (n) Section 270.41--(Permit modification);
    (o) Section 270.43--(Permit termination);
    (p) Section 270.50--(Duration);
    (q) Section 270.60--(Permit by rule);
    (r) Section 270.61--(Emergency permits);
    (s) Section 270.64--(Interim permits for UIC wells);
    (t) Section 124.3(a)--(Application for a permit);
    (u) Section 124.5 (a), (c), (d)--(Modification of permits);
    (v) Section 124.6 (a), (d), and (e)--(Draft permit);
    (w) Section 124.8--(Fact sheets);
    (x) Section 124.10 (a)(1)(ii), (a)(1)(iii), (a)(1)(v), (b), (c), 
(d), and (e)--(Public notice);
    (y) Section 124.11--(Public comments and requests for hearings);
    (z) Section 124.12(a)--(Public hearings); and
    (aa) Section 124.17 (a) and (c)--(Response to comments).

    Note: States need not implement provisions identical to the above 
listed provisions. Implemented provisions must, however, establish 
requirements at least as stringent as the corresponding listed 
provisions. While States may impose more stringent requirements, they 
may not make one requirement more lenient as a tradeoff for making 
another requirement more stringent; for example, by requiring that 
public hearings be held prior to issuing any permit while reducing the 
amount of advance notice of such a hearing.

[48 FR 14248, Apr. 1, 1983; 48 FR 30115, June 30, 1983]



Sec. 271.15  Requirements for compliance evaluation programs.

    (a) State programs shall have procedures for receipt, evaluation, 
retention and investigation for possible enforcement of all notices and 
reports required of permittees and other regulated persons (and for 
investigation for possible enforcement of failure to submit these 
notices and reports).
    (b) State programs shall have inspection and surveillance procedures 
to determine, independent of information supplied by regulated persons, 
compliance or noncompliance with applicable program requirements. The 
State shall maintain:
    (1) A program which is capable of making comprehensive surveys of 
all facilities and activities subject to the State Director's authority 
to identify persons subject to regulation who have failed to comply with 
permit application or other program requirements. Any compilation, 
index, or inventory of such facilities and activities shall be made 
available to the Regional Administrator upon request;
    (2) A program for periodic inspections of the facilities and 
activities subject to regulation. These inspections shall be conducted 
in a manner designed to:
    (i) Determine compliance or noncompliance with issued permit 
conditions and other program requirements;
    (ii) Verify the accuracy of information submitted by permittees and 
other regulated persons in reporting forms and other forms supplying 
monitoring data; and
    (iii) Verify the adequacy of sampling, monitoring, and other methods 
used by permittees and other regulated persons to develop that 
information;
    (3) A program for investigating information obtained regarding 
violations of applicable program and permit requirements; and
    (4) Procedures for receiving and ensuring proper consideration of 
information submitted by the public about violations. Public effort in 
reporting violations shall be encouraged, and the State Director shall 
make available information on reporting procedures.
    (c) The State Director and State officers engaged in compliance 
evaluation shall have authority to enter any site or premises subject to 
regulation or in which records relevant to program operation are kept in 
order to copy any records, inspect, monitor or otherwise investigate 
compliance with the State program including compliance with permit 
conditions and other program requirements. States whose law requires a 
search warrant before entry conform with this requirement.
    (d) Investigatory inspections shall be conducted, samples shall be 
taken and other information shall be gathered in a manner (e.g., using 
proper ``chain of

[[Page 903]]

custody'' procedures) that will produce evidence admissible in an 
enforcement proceeding or in court.



Sec. 271.16  Requirements for enforcement authority.

    (a) Any State agency administering a program shall have available 
the following remedies for violations of State program requirements:
    (1) To restrain immediately and effectively any person by order or 
by suit in State court from engaging in any unauthorized activity which 
is endangering or causing damage to public health or the environment.

    Note: This paragraph requires that States have a mechanism (e.g., an 
administrative cease and desist order or the ability to seek a temporary 
restraining order) to stop any unauthorized activity endangering public 
health or the environment.

    (2) To sue in courts of competent jurisdiction to enjoin any 
threatened or continuing violation of any program requirement, including 
permit conditions, without the necessity of a prior revocation of the 
permit;
    (3) To access or sue to recover in court civil penalties and to seek 
criminal remedies, including fines, as follows:
    (i) Civil penalties shall be recoverable for any program violation 
in at least the amount of $10,000 per day.
    (ii) Criminal remedies shall be obtainable against any person who 
knowingly transports any hazardous waste to an unpermitted facility; who 
treats, stores, or disposes of hazardous waste without a permit; who 
knowingly transports, treats, stores, disposes, recycles, causes to be 
transported, or otherwise handles any used oil regulated by EPA under 
section 3014 of RCRA that is not listed or identified as a hazardous 
waste under the state's hazardous waste program in violation of 
standards or regulations for management of such used oil; or who makes 
any false statement, or representation in any application, label, 
manifest, record, report, permit or other document filed, maintained, or 
used for purposes of program compliance (including compliance with any 
standards or regulations for used oil regulated by EPA under section 
3014 of RCRA that is not listed or identified as hazardous waste). 
Criminal fines shall be recoverable in at least the amount of $10,000 
per day for each violation, and imprisonment for at least six months 
shall be available.
    (b)(1) The maximum civil penalty or criminal fines (as provided in 
paragraph (a)(3) of this section) shall be assessable for each instance 
of violation and, if the violation is continuous, shall be assessable up 
to the maximum amount for each day of violation.
    (2) The burden of proof and degree of knowledge or intent required 
under State law for establishing violations under paragraph (a)(3) of 
this section, shall be no greater than the burden of proof or degree of 
knowledge or intent EPA must provide when it brings an action under the 
Act.

    Note: For example, this requirement is not met if State law includes 
mental state as an element of proof for civil violations.

    (c) A civil penalty assessed, sought, or agreed upon by the State 
Director under paragraph (a)(3) of this section shall be appropriate to 
the violation.

    Note: To the extent the State judgments or settlements provide 
penalties in amounts which EPA believes to be substantially inadequate 
in comparison to the amounts which EPA would require under similar 
facts, EPA, when authorized by the applicable statute, may commence 
separate actions for penalties.
    In addition to the requirements of this paragraph, the State may 
have other enforcement remedies. The following enforcement options, 
while not mandatory, are highly recommended:
    Procedures for assessment by the State of the costs of 
investigations, inspections, or monitoring surveys which lead to the 
establishment of violations;
    Procedures which enable the State to assess or to sue any persons 
responsible for unauthorized activities for any expenses incurred by the 
State in removing, correcting, or terminating any adverse effects upon 
human health and the environment resulting from the unauthorized 
activity, whether or not accidental;
    Procedures which enable the State to sue for compensation for any 
loss or destruction of wildlife, fish or aquatic life, or their habitat, 
and for any other damages caused by unauthorized activity, either to the 
State or to any residents of the State who are directly aggrieved by the 
unauthorized activity, or both; and
    Procedures for the administrative assessment of penalties by the 
Director.


[[Page 904]]


    (d) Any State administering a program under this subpart shall 
provide for public participation in the State enforcement process by 
providing either:
    (1) Authority which allows intervention as of right in any civil 
action to obtain the remedies specified in paragraph (a) (2) or (3) of 
this section by any citizen having an interest which is or may be 
adversely affected; or
    (2)(i) Assurance by the appropriate State agency that it will 
investigate and provide written responses to all citizen complaints 
submitted pursuant to the procedures specified in Sec. 271.15(b)(4);
    (ii) Assurance by the appropriate State enforcement authority that 
it will not oppose intervention by any citizen when permissive 
intervention is authorized by statute, rule, or regulation; and
    (iii) Assurance by the appropriate State enforcement authority that 
it will publish notice of and provide at least 30 days for public 
comment on all proposed settlements of civil enforcement actions, except 
in cases where a settlement requires some immediate action (e.g., 
cleanup) which if otherwise delayed could result in substantial damage 
to either public health or the environment.

(Clean Water Act (33 U.S.C. 1251 et seq.), Safe Drinking Water Act (42 
U.S.C. 300f et seq.), Clean Air Act (42 U.S.C. 7401 et seq.), Resource 
Conservation and Recovery Act (42 U.S.C. 6901 et seq.); secs. 1006, 
2002(a), 3006 and 7004 of the Solid Waste Disposal Act, as amended by 
the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 
(42 U.S.C. 6905, 6912(a), 6926 and 6974))

[48 FR 14248, Apr. 1, 1983, as amended at 48 FR 39622, Sept. 1, 1983; 49 
FR 7372, Feb. 29, 1984; 58 FR 26424, May 3, 1993; 59 FR 10559, Mar. 4, 
1994]



Sec. 271.17  Sharing of information.

    (a) Any information obtained or used in the administration of a 
State program shall be available to EPA upon request without 
restriction. If the information has been submitted to the State under a 
claim of confidentiality, the State must submit that claim to EPA when 
providing information under this subpart. Any information obtained from 
a State and subject to a claim of confidentiality will be treated in 
accordance with the regulations in 40 CFR part 2. If EPA obtains from a 
State information that is not claimed to be confidential, EPA may make 
that information available to the public without further notice.
    (b) EPA shall furnish to States with approved programs the 
information in its files not submitted under a claim of confidentiality 
which the State needs to implement its approved program. EPA shall 
furnish to States with approved programs information submitted to EPA 
under a claim of confidentiality, which the State needs to implement its 
approved program, subject to the conditions in 40 CFR part 2.
    (c)(1) The State program must provide for the public availability of 
information obtained by the State regarding facilities and sites for the 
treatment, storage, and disposal of hazardous waste. Such information 
must be made available to the public in substantially the same manner, 
and to the same degree, as would be the case if the Administrator was 
carrying out the provisions of Subtitle C of RCRA in the State.
    (2) A State must revise its program to comply with this section in 
accordance with Sec. 271.21(e)(2)(ii). Interim authorization under 
Sec. 271.24 is not available to demonstrate compliance with this 
section.

[48 FR 14248, Apr. 1, 1983, as amended at 50 FR 28754, July 15, 1985; 51 
FR 33722, Sept. 22, 1986]



Sec. 271.18  Coordination with other programs.

    (a) Issuance of State permits under this subpart may be coordinated, 
as provided in part 124, with issuance of UIC, NPDES, and 404 permits 
whether they are controlled by the State, EPA, or the Corps of 
Engineers. See Sec. 124.4.
    (b) The State Director of any approved program which may affect the 
planning for and development of hazardous waste management facilities 
and practices shall consult and coordinate with agencies designated 
under section 4006(b) of RCRA (40 CFR part 255) as responsible for the 
development and implementation of State solid waste management plans 
under section 4002(b) of RCRA (40 CFR part 256).


[[Page 905]]





Sec. 271.19  EPA review of State permits.

    (a) The Regional Administrator may comment on permit applications 
and draft permits as provided in the Memorandum of Agreement under 
Sec. 271.8.
    (b) Where EPA indicates, in a comment, that issuance of the permit 
would be inconsistent with the approved State program, EPA shall include 
in the comment:
    (1) A statement of the reasons for the comment (including the 
section of RCRA or regulations promulgated thereunder that support the 
comment); and
    (2) The actions that should be taken by the State Director in order 
to address the comments (including the conditions which the permit would 
include if it were issued by the Regional Administrator).
    (c) A copy of any comment shall be sent to the permit applicant by 
the Regional Administrator.
    (d) The Regional Administrator shall withdraw such a comment when 
satisfied that the State has met or refuted his or her concerns.
    (e) Under section 3008(a)(3) of RCRA, EPA may terminate a State-
issued permit in accordance with the procedures of part 124, subpart E, 
or bring an enforcement action in accordance with the procedures of 40 
CFR part 22 in the case of a violation of a State program requirement. 
In exercising these authorities, EPA will observe the following 
conditions:
    (1) The Regional Administrator may take action under section 
3008(a)(3) of RCRA against a holder of a State-issued permit at any time 
on the ground that the permittee is not complying with a condition of 
that permit.
    (2) The Regional Administrator may take action under section 
3008(a)(3) of RCRA against a holder of a State-issued permit at any time 
on the ground that the permittee is not complying with a condition that 
the Regional Administrator in commenting on the permit application or 
draft permit stated was necessary to implement approved State program 
requirements, whether or not that condition was included in the final 
permit.
    (3) The Regional Administrator may not take action under section 
3008(a)(3) of RCRA against a holder of a State-issued permit on the 
ground that the permittee is not complying with a condition necessary to 
implement approved State program requirements unless the Regional 
Administrator stated in commenting on the permit application or draft 
permit that the condition was necessary.
    (4) The Regional Administrator may take action under section 7003 of 
RCRA against a permit holder at any time whether or not the permit 
holder is complying with permit conditions.
    (f) Notwithstanding the above provisions, EPA shall issue permits, 
or portions of permits, to facilities in authorized States as necessary 
to implement the Hazardous and Solid Waste Amendments of 1984.

[48 FR 14248, Apr. 1, 1983, as amended at 50 FR 28754, July 15, 1985]



Sec. 271.20  Approval process.

    (a) Prior to submitting an application to EPA for approval of a 
State program, the State shall issue public notice of its intent to seek 
program approval from EPA. This public notice shall:
    (1) Be circulated in a manner calculated to attract the attention of 
interested persons including:
    (i) Publication in enough of the largest newspapers in the State to 
attract statewide attention; and
    (ii) Mailing to persons on the State agency mailing list and to any 
other persons whom the agency has reason to believe are interested;
    (2) Indicate when and where the State's proposed submission may be 
reviewed by the public;
    (3) Indicate the cost of obtaining a copy of the submission;
    (4) Provide for a comment period of not less than 30 days during 
which time interested members of the public may express their views on 
the proposed program;
    (5) Provide that a public hearing will be held by the State or EPA 
if sufficient public interest is shown or, alternatively, schedule such 
a public hearing. Any public hearing to be held by the State on its 
application for authorization shall be scheduled no earlier than 30 days 
after the notice of hearing is published;

[[Page 906]]

    (6) Briefly outline the fundamental aspects of the State program; 
and
    (7) Identify a person that an interested member of the public may 
contact with any questions.
    (b) If the proposed State program is substantially modified after 
the public comment period provided in paragraph (a)(4) of this section, 
the State shall, prior to submitting its program to the Administrator, 
provide an opportunity for further public comment in accordance with the 
procedures of paragraph (a) of this section. Provided, that the 
opportunity for further public comment may be limited to those portions 
of the State's application which have been changed since the prior 
public notice.
    (c) After complying with the requirements of paragraphs (a) and (b) 
of this section, the State may submit, in accordance with Sec. 271.5, a 
proposed program to EPA for approval. Such formal submission may only be 
made after the date of promulgation of the last component of Phase II. 
The program submission shall include copies of all written comments 
received by the State, a transcript, recording, or summary of any public 
hearing which was held by the State, and a responsiveness summary which 
identifies the public participation activities conducted, describes the 
matters presented to the public, summarizes significant comments 
received and responds to these comments.
    (d) Within 90 days from the date of receipt of a complete program 
submission for final authorization, the Administrator shall make a 
tentative determination as to whether or not he expects to grant 
authorization to the State program. If the Administrator indicates that 
he may not approve the State program he shall include a general 
statement of his areas of concern. The Administrator shall give notice 
of this tentative determination in the Federal Register and in 
accordance with paragraph (a)(1) of this section. Notice of the 
tentative determination of authorization shall also:
    (1) Indicate that a public hearing will be held by EPA no earlier 
than 30 days after notice of the tentative determination of 
authorization. The notice may require persons wishing to present 
testimony to file a request with the Regional Administrator, who may 
cancel the public hearing if sufficient public interest in a hearing is 
not expressed.
    (2) Afford the public 30 days after the notice to comment on the 
State's submission and the tentative determination; and
    (3) Note the availability of the State submission for inspection and 
copying by the public.
    (e) Within 90 days of the notice given pursuant to paragraph (d) of 
this section, the Administrator shall make a final determination whether 
or not to approve the State's program, taking into account any comments 
submitted. The Administrator shall give notice of this final 
determination in the Federal Register and in accordance with paragraph 
(a)(1) of this section. The notification shall include a concise 
statement of the reasons for this determination, and a response to 
significant comments received.

[48 FR 14248, Apr. 1, 1983; 48 FR 30115, June 30, 1983, as amended at 60 
FR 33914, June 29, 1994]



Sec. 271.21  Procedures for revision of State programs.

    (a) Either EPA or the approved State may initiate program revision. 
Program revision may be necessary when the controlling Federal or State 
statutory or regulatory authority is modified or supplemented. The State 
shall keep EPA fully informed of any proposed modifications to its basic 
statutory or regulatory authority, its forms, procedures, or priorities.
    (b) Revision of a State program shall be accomplished as follows:
    (1) The State shall submit a modified program description, Attorney 
General's statement, Memorandum of Agreement, or such other documents as 
EPA determines to be necessary under the circumstances.
    (2) The Administrator shall approve or disapprove program revisions 
based on the requirements of this part and of the Act. In approving or 
disapproving program revisions, the Administrator shall follow the 
procedures of paragraph (b)(3) or (4) of this section.
    (3) The procedures for an immediate final publication of the 
Administrator's decision are as follows:

[[Page 907]]

    (i) The Administrator shall issue public notice of his approval or 
disapproval of a State program revision:
    (A) In the Federal Register;
    (B) In enough of the largest newspapers in the State to attract 
Statewide attention; and
    (C) By mailing to persons on the State agency mailing list and to 
any other persons whom the agency has reason to believe are interested.
    (ii) The public notice shall summarize the State program revision, 
indicate whether EPA intends to approve or disapprove the revision and 
provide for an opportunity to comment for a period of 30 days.
    (iii) Approval or disapproval of a State program revision shall 
become effective 60 days after the date of publication in the Federal 
Register in accordance with paragraph (b)(3)(i) of this section, unless 
an adverse comment pertaining to the State revision discussed in the 
notice is received by the end of the comment period. If an adverse 
comment is received the Administrator shall so notify the State and 
shall, within 60 days after the date of publication, publish in the 
Federal Register either:
    (A) A withdrawal of the immediate final decision; or
    (B) A notice containing a response to comments and which either 
affirms that the immediate final decision takes effect or reverses the 
decision.
    (4) The procedures for proposed and final publication of the 
Administrator's decision are as follows:
    (i) The Administrator shall issue public notice of his proposed 
approval or disapproval of a State program revision:
    (A) In the Federal Register;
    (B) In enough of the largest newspapers in the State to attract 
Statewide attention; and
    (C) By mailing to persons on the State agency mailing list and to 
any other persons whom the agency has reason to believe are interested.
    (ii) The public notice shall summarize the State program revision, 
indicate whether EPA intends to approve or disapprove the revision and 
provide for an opportunity to comment for a period of at least 30 days.
    (iii) A State program revision shall become effective when the 
Administrator's final approval is published in the Federal Register.
    (c) States with approved programs shall notify EPA whenever they 
propose to transfer all or part of any program from the approved State 
agency to any other State agency, and shall identify any new division of 
responsibilities among the agencies involved. The new agency is not 
authorized to administer the program until approved by the Administrator 
under paragraph (b) of this section. Organizational charts required 
under Sec. 271.6(b) shall be revised and resubmitted.
    (d) Whenever the Administrator has reason to believe that 
circumstances have changed with respect to a State program, he may 
request, and the State shall provide, a supplemental Attorney General's 
statement, program description, or such other documents or information 
as are necessary.
    (e)(1) As the Federal program changes, authorized State programs 
must be revised to remain in compliance with this subpart.
    (2) Federal program changes are defined for purposes of this section 
as promulgated amendments to 40 CFR parts 124, 270, 260-266, or 268 and 
any self-implementing statutory provisions (i.e., those taking effect 
without prior implementing regulations) which are listed as State 
program requirements in this subpart. States must modify their programs 
to reflect Federal program changes and must subsequently submit the 
modifications to EPA for approval.
    (i) For Federal program changes occurring before July 1, 1984, the 
State program must be modified within one year of the date of the 
Federal program change.
    (ii) Except as provided in paragraphs (e) (iii) and (iv) of this 
section, for Federal program changes occurring on or after July 1, 1984, 
the State program must be modified by July 1 of each year to reflect all 
changes to the Federal program occurring during the 12 months preceding 
the previous July 1. (For example, States must modify their programs by 
July 1, 1986 to reflect all changes from July 1, 1984 to June 30, 1985.)

[[Page 908]]

    (iii) For Federal program changes identified in Sec. 271.1(j) that 
occur between November 8, 1984 and June 30, 1987 (inclusive), the State 
program must be modified by July 1, 1989.
    (iv) For Federal program changes identified in Sec. 271.1(j) that 
occur between July 1, 1987 and June 30, 1990 (inclusive), the State 
program must be modified by July 1, 1991.
    (v) States may have an additional year to modify their programs for 
those changes to the Federal program identified in paragraphs (e) (i), 
(ii), (iii), and (iv) of this section which necessitate a State 
statutory amendment.
    (3) The deadlines in paragraphs (e)(2)(i) through (v) may be 
extended by the Regional Administrator upon an adequate demonstration by 
a State that it has made a good faith effort to meet these deadlines and 
that its legislative or rulemaking procedures render the State unable to 
do so. No such extension shall exceed six months.
    (4)(i) Within 30 days of the completion of the State program 
modification the State must submit to EPA a copy of the program change 
and a schedule indicating when the State intends to seek approval of the 
change. Such schedule shall not exceed the dates provided for in 
paragraph (e)(4)(ii).
    (ii) Within 60 days of the appropriate deadline in paragraphs (e), 
(f), and (g) of this section, the State must submit to EPA the 
documentation described in paragraph (b) of this section to revise its 
program.
    (f) A State must modify its program to comply with any Federal 
program changes which occur prior to the day that final authorization is 
received, except for those changes that the State has already received 
authorization for pursuant to Sec. 271.3(f). Such State program 
modifications must be completed and submitted by the deadlines 
speciflines specified in paragraph (e) of this section or by the date of 
final authorization, whichever is later.
    (g)(1) States that are unable to modify their programs by the 
deadlines in paragraph (e) may be placed on a schedule of compliance to 
adopt the program revision(s) provided that:
    (i) The State has received an extension of the program modification 
deadline under paragraph (e)(3) and has made dils to revise its program 
during that period of time,
    (ii) The State has made progress in adopting the program 
modifications,
    (iii) The State submits a proposed timetable for the requisite 
regulatory and/or statutory revisions by the deadline granted under 
paragraph (e)(3),
    (iv) The schedule of compliance for program revisions does not 
exceed one year from the extended program modification deadline under 
paragraph (e)(3), and
    (v) The schedule of compliance is published in the Federal Register.
    (2) If a State fails to comply with the schedule of compliance, the 
Administrator may initiate program withdrawal procedures pursuant to 
Secs. 271.22 and 271.23.

[48 FR 14248, Apr. 1, 1983, as amended at 51 FR 7542, Mar. 4, 1986; 51 
FR 33722, Sept. 22, 1986]



Sec. 271.22  Criteria for withdrawing approval of State programs.

    (a) The Administrator may withdraw program approval when a State 
program no longer complies with the requirements of this subpart, and 
the State fails to take corrective action. Such circumstances include 
the following:
    (1) When the State's legal authority no longer meets the 
requirements of this part, including:
    (i) Failure of the State to promulgate or enact new authorities when 
necessary; or
    (ii) Action by a State legislature or court striking down or 
limiting State authorities.
    (2) When the operation of the State program fails to comply with the 
requirements of this part, including:
    (i) Failure to exercise control over activities required to be 
regulated under this part, including failure to issue permits;
    (ii) Repeated issuance of permits which do not conform to the 
requirements of this part; or
    (iii) Failure to comply with the public participation requirements 
of this part.
    (3) When the State's enforcement program fails to comply with the 
requirements of this part, including:

[[Page 909]]

    (i) Failure to act on violations of permits or other program 
requirements;
    (ii) Failure to seek adequate enforcement penalties or to collect 
administrative fines when imposed; or
    (iii) Failure to inspect and monitor activities subject to 
regulation.
    (4) When the State program fails to comply with the terms of the 
Memorandum of Agreement required under Sec. 271.8.



Sec. 271.23  Procedures for withdrawing approval of State programs.

    (a) A State with a program approved under this part may voluntarily 
transfer program responsibilities required by Federal law to EPA by 
taking the following actions, or in such other manner as may be agreed 
upon with the Administrator.
    (1) The State shall give the Administrator 180 days notice of the 
proposed transfer and shall submit a plan for the orderly transfer of 
all relevent program information not in the possession of EPA (such as 
permits, permit files, compliance files, reports, permit applications) 
which are necessary for EPA to administer the program.
    (2) Within 60 days of receiving the notice and transfer plan, the 
Administrator shall evaluate the State's transfer plan and shall 
identify any additional information needed by the Federal government for 
program administration and/or identify any other deficiencies in the 
plan.
    (3) At least 30 days before the transfer is to occur the 
Administrator shall publish notice of the transfer in the Federal 
Register and in enough of the largest newspapers in the State to provide 
Statewide coverage, and shall mail notice to all permit holders, permit 
applicants, other regulated persons and other interested persons on 
appropriate EPA and State mailing lists.
    (b) The following procedures apply when the Administrator orders the 
commencement of proceedings to determine whether to withdraw approval of 
a State program.
    (1) Order. The Administrator may order the commencement of 
withdrawal proceedings on his or her own initiative or in response to a 
petition from an interested person alleging failure of the State to 
comply with the requirements of this part as set forth in Sec. 271.22. 
The Administrator shall respond in writing to any petition to commence 
withdrawal proceedings. He may conduct an informal investigation of the 
allegations in the petition to determine whether cause exists to 
commence proceedings under this paragraph. The Administrator's order 
commencing proceedings under this paragraph shall fix a time and place 
for the commencement of the hearing and shall specify the allegations 
against the State which are to be considered at the hearing. Within 30 
days the State shall admit or deny these allegations in a written 
answer. The party seeking with drawal of the State's program shall have 
the burden of coming forward with the evidence in a hearing under this 
paragraph.
    (2) Definitions. For purposes of this paragraph the definitions of 
Act, Administrative Law Judge, Hearing, Hearing Clerk, and Presiding 
Officer in 40 CFR 22.03 apply in addition to the following:
    (i) Party means the petitioner, the State, the Agency and any other 
person whose request to participate as a party is granted.
    (ii) Person means the Agency, the State and any individual or 
organization having an interest in the subject matter of the proceeding.
    (iii) Petitioner means any person whose petition for commencement of 
withdrawal proceedings has been granted by the Administrator.
    (3) Procedures. The following provisions of 40 CFR part 22 
(Consolidated Rules of Practice) are applicable to proceedings under 
this paragraph:
    (i) Section 22.02--(use of number/gender);
    (ii) Section 22.04(c)--(authorities of Presiding Officer);
    (iii) Section 22.06--(filing/service of rulings and orders);
    (iv) Section 22.07 (a) and (b)--except that, the time for 
commencement of the hearing shall not be extended beyond the date set in 
the Administrator's order without approval of the Administrator 
(computation/extension of time);
    (v) Section 22.08--however, substitute ``order commencing 
proceedings'' for ``complaint''--(Ex Parte contacts);

[[Page 910]]

    (vi) Section 22.09--(examination of filed documents);
    (vii) Section 22.11 (a), (c) and (d), however, motions to intervene 
must be filed 15 days from the date the notice of the Administrator's 
order is first published--(intervention);
    (viii) Section 22.16 except that, service shall be in accordance 
with paragraph (b)(4) of this section, the first sentence in 
Sec. 22.16(c) shall be deleted, and, the word ``recommended'' shall be 
substituted for the word ``initial'' in Sec. 22.16(c)--(motions);
    (ix) Section 22.19 (a), (b) and (c)--(prehearing conference);
    (x) Section 22.22--(evidence);
    (xi) Section 22.23--(objections/offers of proof);
    (xii) Section 22.25--(filing the transcript); and
    (xiii) Section 22.26--(findings/conclusions).
    (4) Record of proceedings. (i) The hearing shall be either 
stenographically reported verbatim or tape recorded, and thereupon 
transcribed by an official reporter designated by the Presiding Officer;
    (ii) All orders issued by the Presiding Officer, transcripts of 
testimony, written statements of position, stipulations, exhibits, 
motions, briefs, and other written material of any kind submitted in the 
hearing shall be a part of the record and shall be available for 
inspection or copying in the Office of the Hearing Clerk, 401 M Street 
SW., Washington, DC 20460;
    (iii) Upon notice to all parties the Presiding Officer may authorize 
corrections to the transcript which involve matters of substance;
    (iv) An original and two (2) copies of all written submissions to 
the hearing shall be filed with the Hearing Clerk;
    (v) A copy of each such submission shall be served by the person 
making the submission upon the Presiding Officer and each party of 
record. Service under this paragraph shall take place by mail or 
personal delivery;
    (vi) Every submission shall be accompanied by an acknowledgement of 
service by the person served or proof of service in the form of a 
statement of the date, time, and manner of service and the names of the 
persons served, certified by the person who made service; and
    (vii) The Hearing Clerk shall maintain and furnish to any person 
upon request, a list containing the name, service address, and telephone 
number of all parties and their attorneys or duly authorized 
representatives.
    (5) Participation by a person not a party. A person who is not a 
party may, at the discretion of the Presiding Officer, be permitted to 
make a limited appearance by makng an oral or written statement of his/
her position on the issues within such limits and on such conditions as 
may be fixed by the Presiding Officer, but he/she may not otherwise 
participate in the proceeding.
    (6) Rights of parties. All parties to the proceeding may;
    (i) Appear by counsel or other representative in all hearing and 
pre-hearing proceedings;
    (ii) Agree to stipulations of facts which shall be made a part of 
the record.
    (7) Recommended decision. (i) Within 30 days after the filing of 
proposed findings and conclusions, and reply briefs, the Presiding 
Officer shall evaluate the record before him/her, the proposed findings 
and conclusions and any briefs filed by the parties and shall prepare a 
recommended decision, and shall certify the entire record, including the 
recommended decision, to the Administrator.
    (ii) Copies of the recommended decision shall be served upon all 
parties.
    (iii) Within 20 days after the certification and filing of the 
record and recommended decision, all parties may file with the 
Administrator exceptions to the recommended decision and a supporting 
brief.
    (8) Decision by Administrator. (i) Within 60 days after the 
certification of the record and filing of the Presiding Officer's 
recommended decision, the Administrator shall review the record before 
him and issue his own decision.
    (ii) If the Administrator concludes that the State has administered 
the program in conformity with the Act and regulations his decision 
shall constitute ``final agency action'' within the meaning of 5 U.S.C. 
704.
    (iii) If the Administrator concludes that the State has not 
administered

[[Page 911]]

the program in conformity with the Act and regulations he shall list the 
deficiencies in the program and provide the State a reasonable time, not 
to exceed 90 days, to take such appropriate corrective action as the 
Administrator determines necessary.
    (iv) Within the time prescribed by the Administrator the State shall 
take such appropriate corrective action as required by the Administrator 
and shall file with the Administrator and all parties a statement 
certified by the State Director that appropriate corrective action has 
been taken.
    (v) The Administrator may require a further showing in addition to 
the certified statement that corrective action has been taken.
    (vi) If the State fails to take appropriate corrective action and 
file a certified statement thereof within the time prescribed by the 
Administrator, the Administrator shall issue a supplementary order 
withdrawing approval of the State program. If the State takes 
appropriate corrective action, the Administrator shall issue a 
supplementary order stating that approval of authority is not withdrawn.
    (vii) The Administrator's supplementary order shall constitute final 
Agency action within the meaning of 5 U.S.C. 704.
    (c) Withdrawal of authorization under this section and the Act does 
not relieve any person from complying with the requirements of State 
law, nor does it affect the validity of actions by the State prior to 
withdrawal.



Sec. 271.24   Interim authorization under section 3006(g) of RCRA.

    (a) Any State which is applying for or has been granted final 
authorization pursuant to section 3006(b) of RCRA may submit to the 
Administrator evidence that its program contains (or has been amended to 
include) any requirement which is substantially equivalent to a 
requirement identified in Sec. 271.1(j) of this part. Such a State may 
request interim authorization under section 3006(g) of RCRA to carry out 
the State requirement in lieu of the Administrator carrying out the 
Federal requirement.
    (b) The applications shall be governed by the procedures for program 
revisions in Sec. 271.21(b) of this part.
    (c) Interim authorization pursuant to this section expires on 
January 1, 2003.

[57 FR 60132, Dec. 18, 1992]



Sec. 271.25  HSWA requirements.

    Unless otherwise provided in part 271, the State program shall have 
standards at least as stringent as the requirements and prohibitions 
that have taken effect under the Hazardous and Solid Waste Amendments of 
1984 (HSWA).

[51 FR 33723, Sept. 22, 1986]



Sec. 271.26  Requirements for used oil management.

    The State shall have standards for used oil management which are 
equivalent to 40 CFR part 279. These standards shall include:
    (a) Standards for used oil generators which are equivalent to those 
under subpart C of part 279 of this chapter;
    (b) Standards for used oil collection centers and aggregation points 
which are equivalent to those under subpart D of part 279 of this 
chapter;
    (c) Standards for used oil transporters and transfer facilities 
which are equivalent to those under subpart E of part 279 of this 
chapter;
    (d) Standards for used oil processors and re-refiners which are 
equivalent to those under subpart F of part 279 of this chapter;
    (e) Standards for used oil burners who burn off-specification used 
oil for energy recovery which are equivalent to those under subpart G of 
part 279 of this chapter;
    (f) Standards for used oil fuel marketers which are equivalent to 
those under subpart H of part 279 of this chapter; and
    (g) Standards for use as a dust suppressant and disposal of used oil 
which are equivalent to those under subpart I of part 279 of this 
chapter. A State may petition (e.g., as part of its authorization 
petition submitted to EPA under Sec. 271.5) EPA to allow the use of used 
oil (that is not mixed with hazardous waste and does not exhibit a 
characteristic other than ignitability) as a dust suppressant. The State 
must show

[[Page 912]]

that it has a program in place to prevent the use of used oil/hazardous 
waste mixtures or used oil exhibiting a characteristic other than 
ignitability as a dust suppressant. In addition, such programs must 
minimize the impacts of use as a dust suppressant on the environment.
    (h)(1) Unless otherwise provided in part 271, state programs shall 
have standards for the marketing and burning of used oil for energy 
recovery that are at least as stringent as the requirements and 
prohibitions that EPA adopted on November 29, in 40 CFR part 266, 
subpart E of this chapter. The part 279 of this chapter requirements 
specified in Table 1 (except those provisions identified in footnotes 1 
and 2 of Table 1) are Federally enforceable in those states that have 
not adopted state requirements equivalent to 40 CFR part 279, subparts G 
and H of this chapter requirements and have not been authorized to 
enforce the state requirements.

Table 1.--Regulations Adopted November 29, 1985 Regarding the Burning of
                      Used Oil for Energy Recovery                      
     [These part 279 provisions will continue to be enforced by EPA]    
------------------------------------------------------------------------
   Former provisions of 40 CFR part 266,    Recodified provisions within
             subpart E (1992)                      40 CFR part 279      
------------------------------------------------------------------------
Sec. 266.40(a)............................  Sec. 279.60(a)              
Sec. 266.40(b)............................  Sec. 279.1 \1\              
Sec. 266.40(c) [rebuttable presumption]...  Sec. 279.63(a), (b) and (c) 
                                             \2\                        
Sec. 266.40(d)(1) and (2).................  Sec. 279.10(b)(2) and (3)   
Sec. 266.40(e)............................  Sec. 279.11                 
                                            Sec. 279.60(c)              
Sec. 266.41(a)(1) and (2).................  Sec. 279.71                 
266.41(b)(1) and (2)......................  Sec. 279.61(a)              
                                            279.23(a)                   
Sec. 266.42(a)............................  Sec. 279.60(a)              
Sec. 266.42(b)............................  Sec. 279.70(a)              
Sec. 266.42(c)............................  Sec. 279.60(a)              
Sec. 266.43(a)(1).........................  Sec. 279.70(a) and (b)(1)   
Sec. 266.43(a)(2).........................  Sec. 279.70(b)(2)           
Sec. 266.43(b)(1).........................  Sec. 279.72(a)              
Sec. 266.43(b)(2).........................  Sec. 279.71                 
Sec. 266.43(b)(3).........................  Sec. 279.73(a)              
Sec. 266.43(b)(4)(i-v)....................  Sec. 279.74(a)              
Sec. 266.43(b)(4)(vi).....................  not included                
Sec. 266.43(b)(5)(i) and (ii).............  Sec. 279.75(a)              
Sec. 266.43(b)(6)(i)......................  Sec. 279.74(b) and (c)      
                                            279.72(b)                   
Sec. 266.43(b)(6)(ii).....................  Sec. 279.74(a)              
                                            Sec. 279.75(b)              
Sec. 266.44(a)............................  Sec. 279.61(a)              
                                            Sec. 279.23(a)              
Sec. 266.44(b)............................  Sec. 279.62(a)              
Sec. 266.44(c)............................  Sec. 279.66(a)              
Sec. 266.44(d)............................  Sec. 279.72(a)              
Sec. 266.44(e)............................  Sec. 279.65(a) and (b)      
                                            Sec. 279.66(b)              
                                              Sec. 279.72(b)            
------------------------------------------------------------------------
\1\ Contains additional new definitions that were not included in the   
  1985 rule.                                                            
\2\ Paragraphs (c)(1) and (2) of Sec.  279.63 contain new exemptions    
  from the rebuttable presumption that were not part of the 1985 rule.  

    (2) In states that have not been authorized for the RCRA base 
program, all requirements of Part 279 will be Federally enforceable 
effective March 8, 1993.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26424, May 3, 1993]



                          Subpart B--(Reserved)



PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS--Table of Contents




                      Subpart A--General Provisions

Sec.
272.1  Purpose and scope.
272.2  Incorporation by reference.
272.3--272.49  [Reserved]

                           Subpart B--Alabama

272.50--272.99  [Reserved]

                            Subpart C--Alaska

272.100--272.149  [Reserved]

                           Subpart D--Arizona

272.150  [Reserved]
272.151  Arizona State-Administered Program: Final Authorization.
272.152--272.199  [Reserved]

                           Subpart E--Arkansas

272.200  [Reserved]
272.201  Arkansas State--Administered Program: Final Authorization.
272.202--272.249  [Reserved]

                          Subpart F--California

272.250--272.299  [Reserved]

                           Subpart G--Colorado

272.300--272.349  [Reserved]

[[Page 913]]

                         Subpart H--Connecticut

272.350--272.399  [Reserved]

                           Subpart I--Delaware

272.400  State authorization.
272.401  State-administered program: Final authorization.
272.402--272.449  [Reserved]

                     Subpart J--District of Columbia

272.450--272.499  [Reserved]

                           Subpart K--Florida

272.500--272.549  [Reserved]

                           Subpart L--Georgia

272.550--272.599  [Reserved]

                            Subpart M--Hawaii

272.600--272.649  [Reserved]

                            Subpart N--Idaho

272.650  State authorization.
272.651  State-administered program: Final authorization.
272.652--272.699  [Reserved]

                           Subpart O--Illinois

272.700  State authorization.
272.701  State-administered program: Final authorization.
272.702--272.749  [Reserved]

                           Subpart P--Indiana

272.750  State authorization.
272.751  State-administered program: Final authorization.
272.752--272.799  [Reserved]

                             Subpart Q--Iowa

272.800--272.849  [Reserved]

                            Subpart R--Kansas

272.850--272.899  [Reserved]

                           Subpart S--Kentucky

272.900--272.949  [Reserved]

                          Subpart T--Louisiana

272.950--272.999  [Reserved]

                            Subpart U--Maine

272.1000--272.1049  [Reserved]

                           Subpart V--Maryland

272.1050--272.1099  [Reserved]

                        Subpart W--Massachusetts

272.1100--272.1149  [Reserved]

                           Subpart X--Michigan

272.1150  State authorization.
272.1151  State-administered program: Final authorization.
272.1152--272.1199  [Reserved]

                          Subpart Y--Minnesota

272.1200  [Reserved]
272.1201  Minnesota State administrated program: Final authorization.
272.1202--272.1249  [Reserved]

                         Subpart Z--Mississippi

272.1250--272.1299  [Reserved]

                          Subpart AA--Missouri

272.1300  State authorization.
272.1301  State-administered program; Final authorization.
272.1302--272.1349  [Reserved]

                           Subpart BB--Montana

272.1350  State authorization.
272.1351  State-administered program: Final authorization.
272.1352--272.1399  [Reserved]

                          Subpart CC--Nebraska

272.1400--272.1449  [Reserved]

                           Subpart DD--Nevada

272.1450--272.1499  [Reserved]

                        Subpart EE--New Hampshire

272.1500--272.1549  [Reserved]

                         Subpart FF--New Jersey

272.1550--272.1599  [Reserved]

                         Subpart GG--New Mexico

272.1600  [Reserved]
272.1601  New Mexico State--Administered Program: Final Authorization.
272.1602--272.1649  [Reserved]

                          Subpart HH--New York

272.1650--272.1699  [Reserved]

                       Subpart II--North Carolina

272.1700--272.1749  [Reserved]

[[Page 914]]

                        Subpart JJ--North Dakota

272.1750--272.1799  [Reserved]

                            Subpart KK--Ohio

272.1800  State authorization.
272.1801  State-administered program; Final authorization.
272.1802--272.1849  [Reserved]

                          Subpart LL--Oklahoma

272.1850  [Reserved]
272.1851  Oklahoma State--Administered Program: Final Authorization.
272.1852--272.1899  [Reserved]

                           Subpart MM--Oregon

272.1900--272.1949  [Reserved]

                        Subpart NN--Pennsylvania

272.1950--272.1999  [Reserved]

                        Subpart OO--Rhode Island

272.2000--272.2049  [Reserved]

                       Subpart PP--South Carolina

272.2050--272.2099  [Reserved]

                        Subpart QQ--South Dakota

272.2100--272.2149  [Reserved]

                          Subpart RR--Tennessee

272.2150--272.2199  [Reserved]

                            Subpart SS--Texas

272.2200--272.2249  [Reserved]

                            Subpart TT--Utah

272.2250--272.2299  [Reserved]

                           Subpart UU--Vermont

272.2300--272.2349  [Reserved]

                          Subpart VV--Virginia

272.2350--272.2399  [Reserved]

                         Subpart WW--Washington

272.2400--272.2449  [Reserved]

                        Subpart XX--West Virginia

272.2450--272.2499  [Reserved]

                          Subpart YY--Wisconsin

272.2500  [Reserved]
272.2501  Wisconsin State administered program; final authorization.
272.2502--272.2549  [Reserved]

                           Subpart ZZ--Wyoming

272.2550--272.2599  [Reserved]

                            Subpart AAA--Guam

272.2600--272.2649  [Reserved]

                        Subpart BBB--Puerto Rico

272.2650--272.2699  [Reserved]

                       Subpart CCC--Virgin Islands

272.2700--272.2749  [Reserved]

                       Subpart DDD--American Samoa

272.2750--272.2799  [Reserved]

        Subpart EEE--Commonwealth of the Northern Mariana Islands

272.2800--272.2849  [Reserved]

Appendix A to Part 272--State Requirements

    Authority: Secs. 2002(a), 3006, and 7004(b) of the Solid Waste 
Disposal Act, as amended by the Resource Conservation and Recovery Act, 
as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

    Source: 51 FR 3955, Jan. 31, 1986, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 272.1  Purpose and scope.

    This part sets forth the applicable State hazardous waste management 
programs under section 3006(b) of the Resource Conservation and Recovery 
Act (RCRA), 42 U.S.C. 6926, and 40 CFR 260.10. ``State'' is defined in 
42 U.S.C. 1004(31) as ``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.''

[58 FR 3500, Jan. 11, 1993]



Sec. 272.2  Incorporation by reference.

    Material listed as incorporated by reference in part 272 was 
approved for incorporation by reference by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material 
is incorporated as it exists on the date of the approval, and notice of 
any change in the material

[[Page 915]]

will be published in the Federal Register. Copies may be obtained or 
inspected at EPA Waste Management Rules Docket, 401 M Street, SW., 
Washington, DC 20460 and at the appropriate EPA Regional Office. Copies 
may be inspected at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC. For an informational 
listing of the State and local requirements incorporated in part 272, 
see appendix A to this part.

[58 FR 3500, Jan. 11, 1993]
Secs. 272.3--272.49  [Reserved]



                           Subpart B--Alabama

Secs. 272.50--272.99  [Reserved]



                            Subpart C--Alaska

Secs. 272.100--272.149  [Reserved]



                           Subpart D--Arizona

Secs. 272.150  [Reserved]



Sec. 272.151  Arizona State-Administered Program: Final Authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Arizona 
has final authorization for the following elements as submitted to EPA 
in Arizona's base program application for final authorization which was 
approved by EPA effective on December 4, 1985. Subsequent program 
revision applications were approved effective on October 7, 1991, 
September 11, 1992, January 22, 1993, December 27, 1993, and June 12, 
1995.
    (b) State Statutes and Regulations.
    (1) The Arizona statutes and regulations cited in this paragraph are 
incorporated by reference as part of the hazardous waste management 
program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (i) EPA Approved Arizona Statutory Requirements Applicable to the 
Hazardous Waste Management Program, June 1995.
    (ii) EPA Approved Arizona Regulatory Requirements Applicable to the 
Hazardous Waste Management Program, June 1995.
    (2) The following statutes and regulations concerning State 
enforcement, although not incorporated by reference, are part of the 
authorized State program:
    (i) Arizona Laws Relating to Environmental Quality, 1993 edition, 
reprinted from Arizona Revised Statutes, Title 49, Sections 49-141 
through 49-144; 49-261 through 49-265; 49-287; 49-923 through 49-926; 
49-928; and 49-943.
    (ii) Arizona Administrative Code, Title 18, Chapter 8, December 31, 
1994, Sections R18-8-260.D; R18-8-271.F through R18-8-271.Q; and R-18-8-
280.
    (3) The following statutory and regulatory provisions are broader in 
scope than the Federal program, are not part of the authorized program, 
and are not incorporated by reference:
    (i) Arizona Laws Relating to Environmental Quality, 1993 edition, 
reprinted from Arizona Revised Statutes, Title 49, Sections 49-901 
through 49-905; 49-922.01; 49-927; 49-929 through 49-942; and 49-944.
    (ii) Arizona Administrative Code, Title 18, Chapter 8, December 31, 
1994, Sections R18-8-261.J; R18-8-261.L; R18-8-269; and R18-8-270.G.
    (4) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region IX and the Arizona Department of Environmental Quality, signed by 
the EPA Regional Administrator on June 20, 1991, is referenced as part 
of the authorized hazardous waste management program under Subtitle C of 
RCRA, 42 U.S.C. 6921 et seq.
    (5) Statement of Legal Authority. ``Attorney General's Statement for 
Final Authorization'', signed by the Attorney General of Arizona on 
September 13, 1984, and revisions, supplements and addenda to that 
Statement dated November 22, 1989, October 31, 1990, August 23, 1993 
(two documents), and February 3, 1995, are referenced as part of the 
authorized hazardous waste management program under Subtitle C of RCRA, 
42 U.S.C. 6921 et seq. 
    (6) Program Description. The Program Description and any other 
materials submitted as part of the original application or as 
supplements thereto are referenced as part of the authorized hazardous 
waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et 
seq. 

[60 FR 44279, Aug. 25, 1995]

[[Page 916]]

272.152--272.199  [Reserved]



                           Subpart E--Arkansas

Secs. 272.200  [Reserved]



Sec. 272.201  Arkansas State-Administered Program: Final Authorization.

    (a) Pursuant to Section 3006(b) of RCRA, 42 U.S.C. 6926(b), Arkansas 
has final authorization for the following elements as submitted to EPA 
in Arkansas' base program application for final authorization which was 
approved by EPA effective on January 25, 1985. Subsequent program 
revision applications were approved effective on August 23, 1985, May 
29, 1990, November 18, 1991, December 4, 1992 and December 21, 1994.
    (b) State Statutes and Regulations. (1) The Arkansas statutes and 
regulations cited in this paragraph are incorporated by reference as 
part of the hazardous waste management program under Subtitle C of RCRA, 
42 U.S.C. 6921 et. seq.
    (i) EPA Approved Arkansas Statutory Requirements Applicable to the 
Hazardous Waste Management Program, dated March, 1995.
    (ii) EPA Approved Arkansas Regulatory Requirements Applicable to the 
Hazardous Waste Management Program, dated March, 1995.
    (2) The following statutes and regulations concerning State 
enforcement, although not incorporated by reference, are part of the 
authorized State program:
    (i) Arkansas Hazardous Waste Management Act of 1979, as amended, 
Arkansas Code of 1987 Annotated (A.C.A.), 1993 Replacement, Sections 8-
7-204 (except 8-7-204(e)(3)(B)), 8-7-205 through 8-7-214, 8-7-217, 8-7-
218, 8-7-220, 8-7-222, 8-7-224 and 8-7-225(b) through 8-7-225(d).
    (ii) Arkansas Resource Reclamation Act of 1979, as amended, Arkansas 
Code of 1987 Annotated (A.C.A.), 1993 Replacement, Sections 8-7-302(3), 
8-7-303, 8-7-308(1), and 8-7-308(4).
    (iii) Arkansas Department of Pollution Control and Ecology (ADPC&E) 
Regulation No. 23, Hazardous Waste Management, as amended August 27, 
1993, effective September 21, 1993, chapter two, sections 3a(11), 3b, 
3c, 4, 6a, 6d through 6m, 7, 8, 12b(7), 12c (except 12(c)(10) and 
12(c)(11)), 12d, 12e, 14a, 17; chapter three, sections 19 and 20; 
chapter five, section 26.
    (iv) Arkansas Department of Pollution Control and Ecology, 
Regulation No. 7, Civil Penalties, May 25, 1984.
    (v) Arkansas Department of Pollution Control and Ecology, Regulation 
No. 8, Administrative Procedures, July 6, 1984.
    (3) The following statutory and regulatory provisions are broader in 
scope than the Federal program, are not part of the authorized program, 
and are not incorporated by reference:
    (i) Arkansas Hazardous Waste Management Act, as amended, Arkansas 
Code of 1987 Annotated (A.C.A.), 1993 Replacement, Section 8-7-226.
    (ii) Arkansas Department of Pollution Control and Ecology Regulation 
No. 23, Hazardous Waste Management, as amended as amended August 27, 
1993, effective September 21, 1993, chapter two, sections 2a(5) (only 
the second sentence), 2b(11), 3a(10), 11, 16a, and portions of sections 
16c and 16d that refer to PCBs; and chapter four, section 23.
    (4) Unauthorized State Provisions: Arkansas has adopted but is not 
authorized for the September 1, 1988 (53 FR 33938) and the July 1, 1991 
(56 FR 30200) amendments to Parts 264 and 265 addressing liability 
requirements. Thus, the portions of the Arkansas Hazardous Waste 
Management code, chapter 2, sections 3a(5) and 3a(6) adopting the 
September 1, 1988 and the July 1, 1991 amendments are not part of the 
State's authorized program and are not Federally enforceable.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 6 and the State of Arkansas signed by the EPA Regional 
Administrator on November 3, 1994 is referenced as part of the 
authorized hazardous waste management program under Subtitle C of RCRA, 
42 U.S.C. 6921 et seq. 
    (6) Statement of Legal Authority. ``Attorney General's Statement for 
Final Authorization'', signed by the Attorney General of Arkansas on 
July 9, 1984 and revisions, supplements and addenda to that Statement 
dated September 24, 1987, February 24, 1989, December 11,

[[Page 917]]

1990, May 7, 1992, and by the Independent Legal Counsel on May 10, 1994 
are referenced as part of the authorized hazardous waste management 
program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq. 
    (7) Program Description. The Program Description and any other 
materials submitted as part of the original application or as 
supplements thereto are referenced as part of the authorized hazardous 
waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et 
seq. 

[60 FR 32112, June 20, 1995]
Secs. 272.202--272.249  [Reserved]



                          Subpart F--California

Secs. 272.250--272.299  [Reserved]



                           Subpart G--Colorado

Secs. 272.300--272.349  [Reserved]



                         Subpart H--Connecticut

Secs. 272.350--272.399  [Reserved]



                           Subpart I--Delaware



Sec. 272.400  State authorization.

    (a) The State of Delaware is authorized to administer and enforce a 
hazardous waste management program in lieu of the Federal program under 
Subtitle C of the Resource Conservation and Recovery Act (RCRA), 42 
U.S.C. 6921 et seq., subject to the Hazardous and Solid Waste Act 
Amendments of 1984 (HSWA) (Pub. L. 98-616, November 8, 1984), 42 U.S.C. 
6926 (c) and (g). The Federal program for which a State may receive 
authorization is defined in 40 CFR 271.9 through 271.17 and 271.21. The 
State's program, as administered by the Delaware Department of Natural 
Resources and Environmental Control, was approved by EPA pursuant to 42 
U.S.C. 6926(b) and part 271 of this chapter. EPA's approval was 
effective on June 22, 1984, 48 FR 23837.
    (b) Delaware is not authorized to implement any HSWA requirement in 
lieu of EPA unless EPA has explicitly indicated its intent to do so in a 
Federal Register notice granting Delaware authorization.
    (c) Delaware has primary responsibility for enforcing its hazardous 
waste program. However, EPA retains the authority to exercise its 
enforcement authorities, including conducting inspections under section 
3007, 42 U.S.C. 6927, and taking enforcement actions under sections 
3008, 3013, and 7003, 42 U.S.C. 6928, 6934 and 6973, as well as under 
other Federal laws and regulations.
    (d) Delaware must revise its approved program to adopt new changes 
to the Federal Subtitle C program in accordance with section 3006(b) of 
RCRA and 40 CFR part 271, subpart A. Delaware must seek final 
authorization for all program revisions pursuant to section 3006(b) of 
RCRA, but, on a temporary basis, may seek interim authorization for 
revisions required by HSWA pursuant to section 3006(g) of RCRA, 42 
U.S.C. 6926(g). If Delaware obtains final authorization for the revised 
requirements pursuant to section 3006(b) of RCRA, the newly authorized 
provisions will be listed in Sec. 272.401. If Delaware obtains interim 
authorization for the revised requirements pursuant to section 3006(g), 
the newly authorized provisions will be listed in Sec. 272.402.



Sec. 272.401  State-administered program: Final authorization.

    Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Delaware has 
final authorization for the following elements as submitted to EPA in 
Delaware's program application and approved by EPA.
    (a) State Statutes and Regulations. (1) The requirements in the 
Delaware statutes and regulations cited in this paragraph are 
incorporated by reference and made a part of the hazardous waste 
management program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq. This 
incorporation by reference was approved by the Director of the Federal 
Register January 31, 1986.
    (i) 7 Delaware Code Annotated sections 6301 through 6307 and 6310 
through 6317 (1983 Replacement Volume).
    (ii) Delaware Department of Natural Resources and Environmental 
Control Regulations Governing Hazardous Waste, Parts 260 through 265, 
122 and 124, Order Number 83-SW-1, July 28, 1983. (Copies are available 
from the

[[Page 918]]

Delaware Department of Natural Resources and Environmental Control, PO 
Box 1401, Dover, Delaware 19901.)
    (2) The following statutes and regulations, although not 
incorporated by reference, are part of the authorized State program.
    (i) 7 Delaware Code Annotated sections 6308 and 6309 (1974 and Supp. 
1983).
    (ii) Delaware Administrative Procedures Act, 7 Delaware Code 
Annotated sections 10101 through 10161 (1974 and Supp. 1983).
    (b) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region III and the Delaware Department of Natural Resources and 
Environmental Control, signed by the EPA Regional Administrator on 
December 14, 1983.
    (c) Statement of Legal Authority. (1) ``Attorney General's Statement 
for Final Authorization'', signed by the Attorney General of Delaware of 
July 26, 1983.
    (2) Letter from the Attorney General of Delaware to EPA, April 2, 
1984.
    (d) Program Description. The Program Description and any other 
materials submitted as part of the original application or as 
supplements thereto.
Secs. 272.402--272.449  [Reserved]



                     Subpart J--District of Columbia

Secs. 272.450--272.499  [Reserved]



                           Subpart K--Florida

Secs. 272.500--272.549  [Reserved]



                           Subpart L--Georgia

Secs. 272.550--272.599  [Reserved]



                            Subpart M--Hawaii

Secs. 272.600--272.649  [Reserved]



                            Subpart N--Idaho

    Source: 55 FR 50328, Dec. 6, 1990, unless otherwise noted.



Sec. 272.650  State authorization.

    (a) The State of Idaho is authorized to administer and enforce a 
hazardous waste management program in lieu of the Federal program under 
subtitle C of the Resource Conservation and Recovery Act (RCRA), 42 
U.S.C. 6921 et seq., subject to the Hazardous and Solid Waste Amendments 
of 1984 (HSWA), (Pub. L. 98-616, Nov. 8, 1984), 42 U.S.C. 6926 (c) and 
(g)). The Federal program for which a State may receive authorization is 
defined in 40 CFR part 271. The State's program as administered by the 
Idaho Department of Health and Welfare, was approved by EPA pursuant to 
42 U.S.C. 6926 (b) and (g) and part 271 of this chapter. EPA's initial 
approval of Idaho's program for the base, HSWA and non-HSWA provisions 
promulgated as of July 1, 1987, was effective on April 9, 1990 (see 55 
FR 11015 dated March 26, 1990). EPA's approval of Idaho's corrective 
action program for those provisions promulgated as of July 1, 1987 was 
effective on June 5, 1992 (see 57 FR 11580 dated April 6, 1992).
    (b) Idaho is not authorized to implement any other HSWA requirements 
promulgated after June 30, 1990, in lieu of EPA unless EPA has 
explicitly indicated its intent to allow such action in a Federal 
Register notice granting Idaho authorization.
    (c) Idaho has primary responsibility for enforcing its hazardous 
waste program. However, EPA retains the authority to exercise its 
enforcement authorities under sections 3007, 3008, 3013, and 7003 of 
RCRA, 42 U.S.C. 6927, 6928, 6934, and 6973, as well as under other 
Federal laws and regulations.
    (d) Idaho must revise its approved program to adopt new changes to 
the Federal subtitle C program, in accordance with section 3006(b) of 
RCRA and 40 CFR part 271, subpart A. Idaho must seek final authorization 
for all program revisions pursuant to section 3006(b) of RCRA, but, on a 
temporary basis, may seek interim authorization for revisions required 
by HSWA pursuant to section 3006(g) of RCRA, 42 U.S.C. 6926(g). If Idaho 
obtains final authorization for the revised requirements pursuant to 
section 3006(g), the newly authorized provision will be listed in 
Sec. 272.651 of this subpart. If Idaho obtains interim authorization for 
the

[[Page 919]]

revised requirements pursuant to section 3006(g), the newly authorized 
provisions will be listed in Sec. 272.652.

[55 FR 50328, Dec. 6, 1990, as amended at 57 FR 24758, June 11, 1992]



Sec. 272.651  State-administered program: Final authorization.

    Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b): Idaho has 
final authorization for the following elements submitted to EPA in 
Idaho's program application for final authorization and approved by EPA 
effective on April 9, 1990; revision application for final authorization 
of the corrective action provisions approved by EPA effective on June 5, 
1992; and revision application for final authorization and approval by 
EPA effective on August 10, 1992.
    (a) State Statutes and Regulations.
    (1) The requirements in the Idaho statutes and regulations cited in 
this paragraph are incorporated by reference as part of the hazardous 
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et. 
seq. This incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Copies may be obtained from the Michie Company, Law Publishers, 1 Town 
Hall Square, Charlottesville, Virginia 22906-7587. Copies may only be 
inspected at the U.S. EPA, Office of Solid Waste, The RCRA Docket, room 
2427, 401 M Street SW., Washington DC; The Office of Federal Register, 
1100 ``L'' Street NW., room 8401, Washington, DC; U.S. EPA Region 10, 
1200 Sixth Avenue, Seattle, WA; and at the Idaho Department of Health 
and Welfare, Administrative Procedures Section, 1410 N. Hilton, Boise, 
ID.
    (i) Statutory authority is vested in the State of Idaho, Board of 
Health and Welfare, by the Hazardous Waste Management Act of 1983 
(HWMA). This includes the following statutes as contained in Chapter 44 
``Hazardous Waste Management'', section 39 of the Idaho Code (I.C.), 
General Laws of Idaho Annotated, Volume 7A, published in 1985 by the 
Michie Company, Law Publishers, Charlottesville, Virginia: I.C. 39-4406; 
39-4407; 39-4412; 39-4416; 39-4421; and 39-4429 as contained in the 1991 
Cumulative Pocket Supplement, Idaho Code, Volume 7A republished in 
September 1991; by the Michie Company, Law Publishers, Charlottesville, 
Virginia: I.C. 39-4403; 39-4404; 39-4405; 39-4408; 39-4409; 39-4410(3); 
39-4411 [effective until July 1, 1993]; 39-4411 [effective July 1, 
1993]; 39-4423; 39-4424; and 39-4429.
    (ii) The following are the Idaho Department of Health and Welfare 
Rules and Regulations, as contained in title 1, chapter 5, ``Rules, 
Regulations and Standards for Hazardous Waste'' (hereinafter referred to 
as the ``IDHW Regulations''), in effect as of March 6, 1991, are part of 
the approved program under RCRA: IDHW Regulations, Sections: 16.01.5000; 
16.01.5001; 16.01.5002; 16.01.5003; 16.01.5004; 16.01.5005; 16.01.5006; 
16.01.5007; 16.01.5008; 16.01.5009; 16.01.5010; 16.01.5011; 16.01.5012; 
16.01.5013; 16.01.5356; and appendix A.
    (2) The following statutes are not incorporated herein for 
enforcement purposes although are part of the authorized state program. 
These statutes are as contained in chapter 44 ``Hazardous Waste 
Management'', section 39 of the Idaho Code (I.C.), General Laws of Idaho 
Annotated, Volume 7A, published in 1985 by the Michie Company, Law 
Publishers, Charlottesville, Virginia: I.C. 39-4413 (``Enforcement 
Procedures''), I.C. 39-4414 (``Remedies'') and I.C. 39-4415 
(``Violations Constituting Misdemeanors''); and as contained in the 1991 
Cumulative Pocket Supplement Idaho Code, Volume 7A republished in 
September 1991; by the Michie Company, Law Publishers, Charlottesville, 
Virginia: I.C. 39-4413 (``Enforcement procedures''). The additional 
statutes are also not incorporated herein for enforcement purposes, 
although are part of the authorized state program. These statutes are as 
contained in chapter 3 ``Public Writings'', Section 9 of the Idaho Code 
(I.C.), General Laws of Idaho Annotated, Volume 2, published in 1990 by 
the Michie Company, Law Publishers, Charlottesville, Virginia: I.C. 9-
337 et seq.; and as contained in the 1991 Pocket Supplement Idaho Code 
(I.C.), Volume 2, published in 1991; by the Michie Company, Law 
Publishers, Charlottesville, Virginia: I.C. 9-337 et seq.
    (3) The following statutes and regulations concerning routing of 
hazardous

[[Page 920]]

waste shipment are ``broader in scope'' than the Federal program, and 
are not incorporated herein for enforcement purposes and are not part of 
the authorized program, but remain part of the State hazardous waste 
program requirements. The statutes are as contained in chapter 44 
``Hazardous Waste Management'', Section 39 of the Idaho Code (I.C.), 
General Laws of Idaho Annotated, Volume 7A, published in 1985 by the 
Michie Company, Law Publishers, Charlottesville, Virginia: I.C. 39-4410 
(1), (2), (4), (5), and (6); and as contained in the 1991 Cumulative 
Pocket Supplement, Volume 7A, republished September 1991; by the Michie 
Company, Law Publishers, Charlottesville, Virginia: I.C. 39-4410 (1), 
(2), (4), and (5); and the regulations as contained in title 1, chapter 
5, ``Rules, Regulations and Standards for Hazardous Waste'', in effect 
as of March 6, 1991, hereinafter referred to as ``IDHW Regulations'' 
are: IDHW Regulations section 16.01.5500, 01 and 02.
    (b) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 10 and Idaho Department of Health and Welfare signed by the EPA 
Regional Administrator on March 25, 1992, is part of the authorized 
hazardous waste management program under subtitle C of RCRA 42 U.S.C. 
6921 et seq.
    (c) Statement of legal authority. The Idaho Attorney General's 
Statement for Final Authorization for the Federal RCRA Program through 
June 30, 1987, signed by the Attorney General of Idaho on July 5, 1988; 
letter amending and supplementing the July 5, 1988 Attorney General 
Statement, signed by the Attorney General of Idaho on July 3, 1989; and 
Idaho's Revised Attorney General's Statement for Final Authorization for 
changes to the Federal RCRA Program from July 1, 1987 through June 30, 
1990, signed by the Attorney General of Idaho on February 13, 1992, are 
part of the authorized hazardous waste management program under subtitle 
C of RCRA 42 U.S.C. 6921 et seq.
    (d) Program description. Program descriptions dated July 1988, and 
revised November 1991 and any other materials submitted as part of the 
original application or as supplements thereto are part of the 
authorized hazardous waste management program under subtitle C of RCRA 
42 U.S.C. 6921 et seq.

[57 FR 24758, June 11, 1992]
Secs. 272.652--272.699  [Reserved]



                           Subpart O--Illinois



Sec. 272.700  State authorization.

    (a) The State of Illinois is authorized to administer and enforce a 
hazardous waste management program in lieu of the Federal program under 
subtitle C of the Resource Conservation and Recovery Act of 1976 (RCRA), 
42 U.S.C. 6921 et. seq. subject to the Hazardous and Solid Waste 
Amendments of 1984 (HSWA), (Public Law 98-616, November 8, 1984), 42 
U.S.C. 6926 (c) and (g). The Federal program for which a State may 
receive authorization is defined in 40 CFR part 271. The State's base 
program and revisions to that program, as administered by the Illinois 
Environmental Protection Agency, were approved by EPA pursuant to 42 
U.S.C. 6926(b) and 40 CFR part 271. EPA's approval of Illinois' base 
program was effective on January 31, 1986. EPA's approval of revisions 
to Illinois' base program were effective on March 5, 1988, April 30, 
1990 and June 3, 1991.
    (b) Illinois is authorized to implement only those HSWA requirements 
addressed in 40 CFR 272.701 and codified herein.
    (c) Illinois has primary responsibility for enforcing its hazardous 
waste program. However, EPA retains the authority to exercise its 
enforcement authorities under Sections 3007, 3008, 3013, and 7003 of 
RCRA, 42 U.S.C. 6927, 6928, 6934, and 6973, as well as under other 
Federal laws and regulations.
    (d) Illinois must revise its approved program to adopt new changes 
to the Federal Subtitle C program in accordance with Section 3006(b) of 
RCRA and 40 CFR part 271, subpart A. Illinois must seek final 
authorization for all program revisions pursuant to Section 30069b) of 
RCRA but, on a temporary basis, may seek interim authorization for 
revisions required by HSWA pursuant to section 3006(g) of RCRA, 42 
U.S.C. 6926(g). If Illinois obtains final authorization for the revised 
requirements pursuant to Section 3006(g), the

[[Page 921]]

newly authorized provisions will be listed in Sec. 272.701 of this 
subpart. If Illinois obtains interim authorization for the revised 
requirements pursuant to Section 3006(g), the newly authorized 
provisions will be listed in Sec. 272.702.

[54 FR 37651, Sept. 12, 1989, as amended at 57 FR 3723, Jan. 31, 1992; 
57 FR 45576, Oct. 2, 1992]



Sec. 272.701  State-administered program: Final authorization.

    Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Illinois has 
final authorization for the following elements submitted to EPA in 
Illinois; base program and program revision applications for final 
authorization and approved by EPA effective on January 31, 1986, March 
5, 1988, April 30, 1990 and June 3, 1991.
    (a) State Statutes and Regulations.
    (1) The following Illinois regulations and statutes are incorporated 
by reference with the approval of the Director of the Federal Register 
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 as part of the 
hazardous waste management program under Subtitle C of RCRA, 42 U.S.C. 
6921 et seq.
    (i) Illinois Administrative Code, Title 35, Part 702, Sections 
702.101-702.104, 702.110-702.187; Part 703, Sections 703.100-703.126, 
703.140-703.246; Part 709, Sections 709.102-709.105, 709.201, 709.301, 
709.302, 709.401, 709.501-709.603; Part 720, Sections 720.101-720.122, 
Part 720 Appendix A; Part 721, Sections 721.101-721.133, Part 721 
Appendices A, B, C, G, H, I, J, Z; Part 722, Sections 722.110-722.151, 
Part 722 Appendix A; Part 723, Sections 723.110-723.131; Part 724, 
Sections 724.101-724.321, 724.326-724.351, 724.354-724.451, Part 724 
Appendices A, D, E; Part 725, Sections 725.101-725.248, 725.270-725.530, 
Part 725 Appendices, A, C, D, E; Part 726, Sections 726.120-726.180; 
Part 728; and Part 729, Sections 729.100-729.321; (Illinois 
Administrative Code, January 1, 1985, as amended January 1, 1986, 
January 1, 1987, and January 1, 1988).
    Copies of the Illinois regulations that are incorporated by 
reference in this paragraph are available from the Secretary of State, 
Administrative Code Division, 288 Centennial Building, Springfield, 
Illinois 62756. Copies may be inspected at U.S. EPA headquarters, 401 M 
Street, SW., Washington, DC, or at the Office of Federal Register, 800 
North Capital Street, NW., suite 700, Washington, DC.
    (ii)  [Reserved]
    (2) The following statutes and regulations concerning State 
enforcement and procedures, although not codified herein, are part of 
the authorized State program:
    (i) Illinois Revised Statutes, chapter 111\1/2\, sections 1001 
through 1003.52; sections 1003.54 through 1005.1; sections 1007 through 
1007.1; section 1020(c); sections 1020.1 through 1022.3; sections 1022.5 
through 1022.6; sections 1030 through 1034; and section 1039 parts a, d, 
g, k.
    (ii) Illinois Administrative Code, Title 35 Part 700, Sections 
700.101-700.504; Part 702 Sections 702.105-702.109; Part 705, Section 
705.101-705.212; Part 720, Sections 720.140-720.141; and Title 2, Part 
1826, Sections 1826.101-1826.503, Section 1826 Appendices A and B. 
(Illinois Administrative Code, January 1, 1985, as amended January 1, 
1986, January 1, 1987, and January 1, 1988).
    (b) Memorandum of Agreement. The Memorandum of Agreement between 
EPA-Region V and the Illinois Environmental Protection Agency, signed by 
the EPA Regional Administrator on January 26, 1990, is part of the 
authorized hazardous waste management program under Subtitle C of RCRA, 
42 U.S.C. 6921 et seq.
    (c) Statement of Legal Authority. The Illinois Attorney General's 
Statements for final authorization signed by the Attorney General of 
Illinois on June 4, 1985, July 15, 1986, May 26, 1988, and February 23, 
1990 are part of the authorized hazardous waste management program under 
Subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (d) Program Description. Program Descriptions dated July 26, 1985, 
August 7, 1986, November 29, 1988, and May 18, 1990, and any other 
materials submitted as part of, or as supplements to, the original 
application or revision applications are codified as part of the 
authorized hazardous waste management program under Subtitle C of RCRA, 
42 U.S.C. 6921 et seq.


[54 FR 37651, Sept. 12, 1989, as amended at 57 FR 3723, Jan. 31, 1992; 
57 FR 45576, Oct. 2, 1992]

[[Page 922]]

Secs. 272.702--272.749  [Reserved]



                           Subpart P--Indiana



Sec. 272.750  State authorization.

    (a) The State of Indiana is authorized to administer and enforce a 
hazardous waste management program in lieu of the Federal program under 
subtitle C of the Resource Conservation and Recovery Act of 1976 (RCRA), 
42 U.S.C. 6921 et seq., subject to the Hazardous and solid Waste 
Amendments of 1984 (HSWA), (Pub. L. 98-616, Nov. 8, 1984), 42 U.S.C. 
6926(c) and (g)). The Federal program for which a State may receive 
authorization is defined in 40 CFR part 271. The State's base program 
and revisions to that program, as administered initially by the Indiana 
State Board of Health and later by the Indiana Department of 
Environmental Management, were approved by EPA pursuant to 42 U.S.C. 
6926(b) and part 271 of this chapter. EPA's approval of Indiana's base 
program was effective on January 31, 1986. EPA's approval of revisions 
to Indiana's base program were effective on December 31, 1986, and 
January 19, 1988.
    (b) Indiana is not authorized to implement any HSWA requirements in 
lieu of EPA unless EPA has explicitly indicated its intent to allow such 
action in a Federal Register notice granting Indiana authorization.
    (c) Indiana has primary responsibility for enforcing its hazardous 
waste program. However, EPA retains the authority to exercise its 
enforcement authorities under sections 3007, 3008, 3013, and 7003 of 
RCRA, 42 U.S.C. 6927, 6928, 6934, and 6973, as well as under other 
Federal laws and regulations.
    (d) Indiana must revise its approved program to adopt new changes to 
the Federal subtitle C program in accordance with section 3006(b) of 
RCRA and 40 CFR part 271, subpart A. Indiana must seek final 
authorization for all program revisions pursuant to section 3006(b) of 
RCRA but, on a temporary basis, may seek interim authorization for 
revisions required by HSWA pursuant to section 3006(g) of RCRA, 42 
U.S.C. 6926(g). If Indiana obtains final authorization for the revised 
requirements pursuant to section 3006(b), the newly authorized 
provisions will be listed in Sec. 272.751 of this subpart. If Indiana 
obtains interim authorization for the revised requirements pursuant to 
section 3006(g), the newly authorized provisions will be listed in 
Sec. 272.752.

[54 FR 34990, Aug. 23, 1989]



Sec. 272.751  State-administered program: Final authorization.

    Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Indiana has 
final authorization for the following elements submitted to EPA in 
Indiana's base program and base program revision applications for final 
authorization and approved by EPA effective on January 31, 1986, 
December 31, 1986, and January 19, 1988.
    (a) State Regulations. (1) The following Indiana regulations are 
incorporated by reference and codified as part of the hazardous waste 
management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.: 
Indiana Administrative Code, title 320, articles 4.1-1-3 through 4.1-37-
4, 4.1-37-6 through 4.1-39-12, and 4.1-40-1 through 4.1-54-8 (1987 
Cumulative Supplement, Volume 2, as supplemented by Indiana Register, 
Volume 10, Number 8, pages 1563-1690, May 1, 1987). This incorporation 
by reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a). Copies of the Indiana regulations that 
are incorporated by reference in this paragraph are available for the 
Indiana Legislative Services Agency, Administrative Code and Register 
Division, 302 State House, Indianapolis, Indiana 46204.
    (2) The following statutes and regulations concerning State 
enforcement, although not codified herein, are part of the authorized 
State program:
    (i) Indiana Code, title 4, article 21.5, chapters 1 through 4; title 
13, article 6, chapter 1, section 6; and title 13, article 7, chapters 1 
through 7, 8.5, 10 through 13 (except for chapter 13, Section 2(a)), and 
16 (effective July 1, 1987).
    (ii) Indiana Administrative Code, title 320, articles 4.1-1-1, 4.1-
1-2, 4.1-37-5, and 4.1-39-13 through 4.1-39-21 (1987 Cumulative 
Supplement, Volume 2, as supplemented by Indiana Register, Volume 10, 
Number 8, pages 1563-1690, May 1, 1987).
    (3) The following statutory provisions of the Indiana Code are 
broader

[[Page 923]]

in scope than the Federal program, are not part of the authorized 
program, and are not codified herein for enforcement purposes: Indiana 
Code, title 13, article 7, chapter 8.7 and chapter 13, section 2(a) 
(effective July 1, 1987).
    (b) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region V and the Indiana Department of Environmental Management, signed 
by the EPA Regional Administrator on July 18, 1986, is codified as part 
of the authorized hazardous waste management program under subtitle C of 
RCRA, 42 U.S.C. 6921et seq.
    (c) Statements of Legal Authority. The Indiana Attorney General's 
Statements for final authorization signed by the Attorney General of 
Indiana on June 28, 1985, August 26, 1986, and June 1, 1987, are 
codified as part of the authorized hazardous waste management program 
under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (d) Program Description. Program Descriptions dated August 5, 1985, 
April 24, 1986, and June 29, 1987, and any other materials submitted as 
part of, or as supplements to, the original application or revision 
applications are codified as part of the authorized hazardous waste 
management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (e) Letter from State Health Commissioner. The letter from the State 
Health Commissioner, Indiana Board of Health to the Regional 
Administrator, EPA Region V dated November 4, 1985, as an addendum to 
the Indiana Final Authorization Application, is codified as part of the 
authorized hazardous waste management program under subtitle C of RCRA, 
42 U.S.C. 6921 et seq.

[54 FR 34990, Aug. 23, 1989]
Secs. 272.752--272.799  [Reserved]
  



                             Subpart Q--Iowa

Secs. 272.800--272.849  [Reserved]
  



                            Subpart R--Kansas

Secs. 272.850--272.899  [Reserved]
  



                           Subpart S--Kentucky

Secs. 272.900--272.949  [Reserved]
  



                          Subpart T--Louisiana

Secs. 272.950--272.999  [Reserved]
  



                            Subpart U--Maine

Secs. 272.1000--272.1049  [Reserved]
  



                           Subpart V--Maryland

Secs. 272.1050--272.1099  [Reserved]
  



                        Subpart W--Massachusetts

Secs. 272.1100--272.1149  [Reserved]
  



                           Subpart X--Michigan



Sec. 272.1150  State authorization.

    (a) The State of Michigan is authorized to administer and enforce a 
hazardous waste management program in lieu of the Federal program under 
subtitle C of the Resource Conservation and Recovery Act of 1976 (RCRA), 
42 U.S.C. 6921 et seq. subject to the Hazardous and Solid Waste 
Amendments of 1984 (HSWA) (Public Law 98-616, November 8, 1984), 42 
U.S.C. 6926 (c) and (g). The Federal program for which a State may 
receive authorization is defined in 40 CFR part 271. The State's 
program, as administered by the Michigan Department of Natural 
Resources, was approved by EPA pursuant to 42 U.S.C. 6926(b) and part 
271 of this chapter. EPA's approval of Michigan's base program was 
effective on October 30, 1986 (see 51 FR 36804). EPA's approval of the 
revisions to Michigan's base program was effective on January 23, 1990 
(see 54 FR 48608) and RCRA Cluster III authorization effective June 24, 
1991 (see 56 FR 18517).
    (b) Michigan is authorized to implement certain HSWA requirements in 
lieu of EPA. EPA has explicitly indicated its intent to allow such 
action in

[[Page 924]]

a Federal Register notice granting Michigan authorization and RCRA 
Cluster III authorization effective June 24, 1991 (see 56 FR 18517).
    (c) Michigan has primary responsibility for enforcing its hazardous 
waste program. However, EPA retains the authority to exercise its 
enforcement authorities under sections 3007, 3008, 3013, and 7003 of 
RCRA, 42 U.S.C. 6927, 6928, 6934, and 6973, as well as under other 
Federal laws and regulations.
    (d) Michigan must revise its approved program to adopt new changes 
to the Federal Subtitle C program in accordance with section 3006(b) of 
RCRA and 40 CFR part 271, subpart A. Michigan must seek final 
authorization for all program revisions, pursuant to section 3006(b) of 
RCRA but, on a temporary basis, may seek interim authorization for 
revisions required by HSWA, pursuant to section 3006(g) of RCRA, 42 
U.S.C. 6926(g). If Michigan obtains final authorization for the revised 
requirements pursuant to section 3006(g), the newly authorized 
provisions will be listed in Sec. 272.1151 of this subpart. If Michigan 
obtains interim authorization for the revised requirements pursuant to 
section 3006(g), the newly authorized provisions will be listed in 
Sec. 272.1152.

[54 FR 7421, Feb. 21, 1989, as amended at 55 FR 18112, May 1, 1990; 57 
FR 3724, Jan. 31, 1992]



Sec. 272.1151  State-administered program: Final authorization.

    Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Michigan has 
final authorization for the following elements submitted to EPA in 
Michigan's base program and program revision applications for final 
authorization and approved by EPA effective on October 30, 1986 (see 51 
FR 36804), January 23, 1990 (see 54 FR 46808), and RCRA Cluster III 
authorization effective June 24, 1991 (see 56 FR 18517).
    (a) State Statutes and Regulations. (1) The requirements in the 
Michigan statutes and regulations cited in this paragraph are 
incorporated by reference and codified as part of the hazardous waste 
management program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq. This 
incorporation, by reference, was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a).
    (i) Michigan Compiled Laws Annotated, Secs. 299.501-506, 299.521-
522, 299.532-535, 299.537, and 299.539-541 (P.A. 64 of 1979 as amended 
by P.A. 486 of 1982, effective March 30, 1983). Copies of the State laws 
incorporated by reference in this paragraph are available from West 
Publishing Co., 50 West Kellogg Boulevard, P.O. Box 64526, St. Paul, 
Minnesota 55164-0526.
    (ii) Michigan Administrative Code, Rules 299.9101-9206(3)(g), 
299.9206(4)-9208(1), 299.9208(3)-9209(1), 9209(4)-(9209(6), 299.9210(2)-
9211(1)(a), 299.9211(1)(c)-9212(4), 299.9212(6)-9212(7), 299.9212(8)(b)-
9213(1)(a), 299.9213(1)(c), 299.9213(2)-9214(6)(b), 299.9215-9217, 
299.9220, 299.9222, 299.9224-9225, 299.9301-9304(1)(b), 299.9304(1)(d)-
299.9401(5), 299.9402, 299.9404(1) introductory text, 299.9404(1)(b)-
9405, 299.9407-9408(1), 299.9409-9410, 299.9501-9504(1) introductory 
text, 299.9504(1)(b)-9506, 299.9508-9508(1)(g), 299.9508(1)(i)-
9521(1)(b), 299.9521(2)-9522, 299.9601-9611(2)(a), 299.9611(3)-
9623(1)(b), 299.9623(3)-9710, 299.9801-9804, 299.11001-11008 (1985 
Annual Michigan Administrative Code Supplement, as supplemented by the 
April 1988 Michigan Register, pages 3-107, and the January 1989 Michigan 
Register, pages 1-27). Copies of the Michigan regulations that are 
incorporated by reference in this paragraph are available from the 
Department of Management and Budget's Publication Office, 7461 Crowner 
Drive, Lansing, Michigan 48913, Phone: (517) 322-1897. Copies may be 
inspected at: U.S. EPA Headquarters Library, PM 211A, 401 M Street, SW., 
Washington, DC 20460. Phone: (202) 382-5926; U.S. EPA Region V, Office 
of RCRA, Regulatory Development Section, 230 S. Dearborn St., 13th 
Floor, Chicago, IL. Phone: Ms. Judy Greenberg, (312) 886-4179; and at 
the Office of the Federal Register, 1100 L Street, NW., room 8401, 
Washington, DC.
    (2) The following statutes and regulations, although not codified 
herein for enforcement purposes, are part of the authorized State 
program.
    (i) Michigan Compiled Laws Annotated, Sec. 24.201-328 (P.A. 306 of 
1969, effective July 1, 1970), Secs. 299.507, 299.514-520, 299.523-528, 
299.544, and 299.546-548 (P.A.

[[Page 925]]

64 of 1979 as amended by P.A. 486 of 1982, effective March 30, 1983).
    (ii) Michigan Administrative Code Rules 299.9521(1)(c), 299.11101-
11107 (1985 Annual Michigan Administrative Code Supplement, as 
supplemented by the April, 1988 Michigan Register, pages 3-107).
    (3) The following statutory and regulatory provisions are broader in 
scope than the Federal program, are not part of the authorized program, 
and are not codified herein for enforcement purposes.
    (i) Michigan Compiled Laws Annotated, Secs. 299.508-513, 299.529, 
299.531, and 299.542-543 (P.A. 64 of 1979 as amended by P.A. 486 of 
1982).
    (ii) Michigan Administrative Code Rules 299.9208(2), 299.9209 (2) 
and (3), 299.9210(1), 299.9211(1)(b), 299.9212 (5) and (8)(a), 
299.9213(1) (b) and (d), 299.9214(6)(c), 299.9218-9219, 299.9221, 
299.9223, 299.9226, 299.9304(1)(c), 299.9401(6), 299.9403, 
299.9404(1)(a), 299.9406, 299.9408 (2) and (3), 299.9411-9412, 
299.9504(1)(a), 299.9507, 299.9508(1)(h), 299.9523, 299.9611(2) (b) and 
(c), 299.9623(2), 299.9711, 299.9901-9906 (1985 Michigan Administrative 
Code Annual Supplement, as supplemented by the April 1988 Michigan 
Register, pages 3-107, and the January 1989 Michigan Register, pages 1-
27).
    (b) Memorandum of Agreement. The Memorandum of Agreement between 
EPA--Region V and the Michigan Department of Natural Resources, signed 
by the EPA Regional Administrator on February 7, 1991, is codified as 
part of the authorized hazardous waste management program under Subtitle 
C of RCRA, 42 U.S.C. 6921 et seq.
    (c) Statement of Legal Authority. The Michigan Attorney General's 
Statements for final authorization signed by the Attorney General of 
Michigan on October 25, 1985, and supplements to that Statement dated 
June 3, 1986, September 19, 1986, September 7, 1988, and July 31, 1990, 
are codified as part of the authorized hazardous waste management 
program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (d) Program Description. The Program Description dated June 30, 
1984, and the supplements thereto dated June 30, 1986, September 12, 
1988, and July 31, 1990, are codified as part of the authorized 
hazardous waste management program under subtitle C of RCRA, U.S.C. 6921 
et seq.

[54 FR 7421, Feb. 21, 1989, as amended at 55 FR 18113, May 1, 1990; 57 
FR 3725, Jan. 31, 1992]
Sec. 272.1152--272.1199  [Reserved]



                          Subpart Y--Minnesota

Sec. 272.1200  [Reserved]



Sec. 272.1201  Minnesota State administered program; Final authorization.

    Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Minnesota 
has final authorization for the following elements as submitted to EPA 
in Minnesota's base program and revision application for final 
authorization as approved by EPA effective on February 11, 1985. 
Subsequent program revision applications were approved effective on 
September 18, 1987, June 23, 1989, August 14, 1990, August 23, 1991, May 
18, 1992, May 17, 1993, and March 21, 1994.
    (a) State statutes and regulations. (1) The Minnesota statutes and 
regulations cited in appendix A are incorporated by reference as part of 
the hazardous waste management program under subtitle C of RCRA, 42 
U.S.C. 6921 et seq.
    (i) EPA Approved Minnesota Statutory Requirements Applicable to the 
Hazardous Waste Management Program, dated April 5, 1994.
    (ii) EPA Approved Minnesota Regulatory Requirements Applicable to 
the Hazardous Waste Management Program, dated April 5, 1994.
    (2) The following statutes and regulations concerning State 
enforcement, although not incorporated by reference for enforcement 
purposes, are part of the authorized State program: Minnesota Statutes, 
Chapters 14.02-14.56; 115.07 Subdivisions 1 and 3; 115.071, 116.091; 
116.11, and 116B.09 (June 1992 edition).
    (b) [Reserved]

[59 FR 45987, Sept. 6, 1994]
Secs. 272.1202--272.1249  [Reserved]
  

[[Page 926]]



                         Subpart Z--Mississippi

Secs. 272.1250--272.1299  [Reserved]
  



                          Subpart AA--Missouri



Sec. 272.1300  State authorization.

    (a) The State of Missouri is authorized to administer and enforce a 
hazardous waste management program in lieu of the Federal program under 
Subtitle C of the Resource Conservation and Recovery Act of 1976 (RCRA), 
42 U.S.C. 6921 et seq., subject to the Hazardous and Solid Waste 
Amendments of 1984 (HSWA), (Pub. L. 98-616, Nov. 8, 1984), 42 U.S.C. 
6926 (c) and (g)). The Federal program for which a State may receive 
authorization is defined in 40 CFR part 271. The State's program, as 
administered by the Missouri Department of Natural Resources was 
approved by EPA pursuant to 42 U.S.C. 6926(b) and part 271 of this 
Chapter. EPA's approval was effective on December 4, 1985 (50 FR 47740, 
November 20, 1985).
    (b) Missouri is not authorized to implement any HSWA requirements in 
lieu of EPA unless EPA has explicitly indicated its intent to allow such 
action in a Federal Register notice granting Missouri authorization.
    (c) Missouri has primary responsibility for enforcing its hazardous 
waste program. However, EPA retains the authority to exercise its 
enforcement authorities under sections 3007, 3008, 3013, and 7003 of 
RCRA, 42 U.S.C. 6927, 6928, 6934, and 6973, as well as under other 
Federal laws and regulations.
    (d) Missouri must revise its approved program to adopt new changes 
to the Federal Subtitle C program in accordance with section 3006(b) of 
RCRA and 40 CFR part 271, subpart A. Missouri must seek final 
authorization for all program revisions pursuant to section 3006(b) of 
RCRA, but, on a temporary basis, may seek interim authorization for 
revisions required by HSWA pursuant to section 3006(g) of RCRA, 42 
U.S.C. 6926(g). If Missouri obtains final authorization for the revised 
requirements pursuant to section 3006(g), the newly authorized 
provisions will be listed in Sec. 272.1301 of this subpart. If Missouri 
obtains interim authorization for the revised requirements pursuant to 
section 3006(g), the newly authorized provision will be listed in 
Sec. 227.1302.

[54 FR 8193, Feb. 27, 1989]



Sec. 272.1301  State-administered program; Final authorization.

    Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Missouri has 
final authorization for the following elements as submitted to EPA in 
Missouri's program application for final authorization which was 
approved on November 20, 1985. Subsequent program revision applications 
were approved on February 27, 1989, and March 12, 1992. Copies may be 
obtained from the Hazardous Waste Program, Missouri Department of 
Natural Resources, P.O. Box 176, Jefferson City, Missouri 65102.
    (a) State statutes and regulations. (1) The Missouri statutes and 
regulations cited in this paragraph are incorporated by reference as 
part of the hazardous waste management program under subtitle C of RCRA, 
42 U.S.C. 6921 et seq.
    (i) Missouri Statutory Requirements Applicable to the Hazardous 
Waste Management Program, 1990.
    (ii) Missouri Regulatory Requirements Applicable to the Hazardous 
Waste Management Program, December 31, 1990.
    (2) The following statutes and regulations, although not 
incorporated by reference for enforcement purposes, are part of the 
authorized State program. The statutory provisions include: 260.360(4), 
260.360(20)-260.377, 260.393-260.394, 260.400, 260.410-260.420, 260.425-
260.430. The regulatory provisions include 3.260(1)(A)24-3.260(1)(A)25, 
3.260(1)(B)-3.260(1)(D), 4.261(2)(D)3, 5.262(2)(B)2, 5.262(2)(C)2, 
5.262(2)(D)1, 6.263(2)(A)10.D-6.263(2)(A)10.I, 6.263(2)(D)3, 
7.264(2)(B)1, 7.265(2)(B), 7.266(2)(E)-7.266(2)(E)3, 7.268(2)(A)1, 
7.268(2)(A)3, 7.268(2)(E), 7.270(2)(B)12-7.270(2)(B)13, 7.270(2)(B)18, 
7.270(2)(C)1.D, 7.270(2)(C)3, 7.270(2)(D)4.
    (3) The following statutory and regulatory provisions are broader in 
scope than the Federal program, and are not part of the authorized State 
program. The statutory provisions include: 260.360(13), 260.379, 
260.380-1.(10), 260.385(1), 260.390(8), 260.391, 260.395-1-260.295-5, 
260.395-7.(5)-260.395-7.(6),

[[Page 927]]

260.396, 260.405, 260.423-260.424, 260.431-260.434. The regulatory 
provisions include: 3.260(1)(A)21, 4.261(2)(A)6-4.261(2)(D)2, 
5.262(2)(I), 6.263(2)(A)3-6.263(2)(A)4, 7.264(2)(P), 7.266(2)(C)-
7.266(2)(D), 7.266(2)(E)4-7.266(2)(G), 7.270(2)(B)7-7.270(2)(B)8, 
7.270(2)(B)10, 7.270(2)(C)1.A, 7.270(2)(H).
    (b) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region VII and the Missouri Department of Natural Resources, signed by 
the EPA Regional Administrator on August 30, 1988, and the subsequent 
Agreement signed on August 31, 1992 are referenced as part of the 
authorized hazardous waste management program under subtitle C of RCRA, 
42 U.S.C. 6921 et seq.
    (c) Statement of Legal Authority. (1) ``Attorney General's Statement 
for Final Authorization,'' signed by the Attorney General of Missouri on 
June 27, 1985, is codified as part of the authorized hazardous waste 
management program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (2) ``Attorney General's Statement for Final Authorization of 
Changes to the Federal RCRA Program,'' signed by the delegated Assistant 
Attorney General of Missouri on December 1, 1987, and the subsequent 
Statement signed on February 28, 1992, are referenced as part of the 
authorized hazardous waste management program under subtitle C of RCRA; 
42 U.S.C. 6921 et seq.
    (d) Program Description. The Program Description and any other 
materials submitted as part of the original application or as 
supplements thereto are codified as part of the authorized hazardous 
waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et 
seq.

[54 FR 8193, Feb. 27, 1989, as amended at 58 FR 3500, Jan. 11, 1993]
Secs. 272.1302--272.1349  [Reserved]



                           Subpart BB--Montana



Sec. 272.1350  State authorization.

      
    (a) The State of Montana is authorized to administer and enforce its 
hazardous waste management program in lieu of the program under Subtitle 
C of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6921 
et seq., subject to the Hazardous and Solid Waste Act Amendments of 1984 
(HSWA) (Pub. L. 98-616, November 8, 1984), 42 U.S.C. 6926 (c) and (g). 
The Federal program for which a State may receive authorization is 
defined in 40 CFR 271.9 through 271.17 and 271.21. The State's program, 
as administered by the Montana Department of Health and Environmental 
Services, was approved by EPA pursuant to 42 U.S.C. 6926(b) and part 271 
of this chapter. EPA's approval was effective on July 11, 1984, 48 FR 
28245.
    (b) Montana is not authorized to implement any HSWA requirement in 
lieu of EPA unless EPA has explicitly indicated its intent to do so in a 
Federal Register notice granting Montana authorization.
    (c) Montana has primary responsibility for enforcing its hazardous 
waste program. However, EPA retains the authority to exercise its 
enforcement authorities, including conducting inspections under section 
3007, 42 U.S.C. 6927 and to take enforcement actions under sections 
3008, 3013 and 7003, 42 U.S.C. 6928, 6934 and 6973, as well as under 
other Federal laws and regulations.
    (d) Montana must revise its approved program to adopt new changes to 
the Federal Subtitle C program in accordance with section 3006(b) of 
RCRA and 40 CFR part 271, subpart A. Montana must seek final 
authorization for all program revisions pursuant to section 3006(b) of 
RCRA, but, on a temporary basis, may seek interim authorization for 
revisions required by HSWA pursuant to section 3006(g) of RCRA, 42 
U.S.C. 6926(g). If Montana obtains final authorization for the revised 
requirements pursuant to section 3006(b) of RCRA, the newly authorized 
provisions will be listed in Sec. 272.1351. If Montana obtains interim 
authorization for the revised requirements pursuant to section 3006(g), 
the newly authorized provisions will be listed in Sec. 272.1352.



Sec. 272.1351  State-administered program: Final authorization.

    Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Montana has 
final authorization for the following elements,

[[Page 928]]

as submitted to EPA in Montana's program application and any 
subsequently approved revisions thereto.
    (a) State Statutes and Regulations. (1) The requirements in the 
Montana statutes and regulations cited in this paragraph are 
incorporated by reference and made a part of the hazardous waste 
management program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq. This 
incorporation by reference was approved by the Director of the Office of 
the Federal Register effective January 31, 1986.
    (i) Montana Hazardous Waste Act, Montana Code Annotated, sections 
75-10-401 through 75-10-413 and 75-10-419 through 75-10-421 (1983).
    (ii) Administrative Rules of Montana, Health and Environmental 
Sciences, sections 16.44.101 through 16.44.911 (1983) and amendments to 
sections 16.44.104, 16.44.106, 16.44.108, 16.44.109, 16.44.202, 
16.44.811, 16.44.817, and 16.44.819 adopted on January 16, 1984.
    (2) The following statutes and regulations, although not 
incorporated by reference, are part of the authorized State program.
    (i) Montana Hazardous Waste Act, Montana Code Annotated, sections 
75-10-414 through 75-10-418 (1983).
    (ii) Montana Public Records Act, Montana Code Annotated, sections 2-
6-101 through 2-6-307 (1983).
    (iii) Montana Administrative Procedures Act, Montana Code Annotated, 
sections 2-4-101 through 2-4-705 (1983).
    (b) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region VIII and the Montana Department of Health and Environmental 
Services, signed by the EPA Regional Administrator on June 16, 1984.
    (c) Statement of Legal Authority. Letter from the Attorney General 
of Montana to EPA, June 7, 1984, with attached Statement of Independent 
Legal Counsel, dated June 1, 1984.
    (d) Program Description. The Program Description and any other 
materials submitted as part of the original application or as 
supplements thereto.
Secs. 272.1352--272.1399  [Reserved]
  



                          Subpart CC--Nebraska

Secs. 272.1400--272.1449  [Reserved]
  



                           Subpart DD--Nevada

Secs. 272.1450--272.1499  [Reserved]
  



                        Subpart EE--New Hampshire

Secs. 272.1500--272.1549  [Reserved]
  



                         Subpart FF--New Jersey

Secs. 272.1550--272.1599  [Reserved]
  



                         Subpart GG--New Mexico

Sec. 272.1600  [Reserved]



Sec. 272.1601  New Mexico State-Administered Program: Final Authorization.

    (a) Pursuant to Section 3006(b) of RCRA, 42 U.S.C. 6926(b), New 
Mexico has final authorization for the following elements as submitted 
to EPA in New Mexico's base program application for final authorization 
which was approved by EPA effective on January 25, 1985. Subsequent 
program revision applications were approved effective on April 10, 1990, 
July 25, 1990, December 4, 1992, August 23, 1994 and December 21, 1994.
    (b) State Statutes and Regulations. (1) The New Mexico statutes and 
regulations cited in this paragraph are incorporated by reference as 
part of the hazardous waste management program under Subtitle C of RCRA, 
42 U.S.C. 6921 et. seq.
    (i) EPA Approved New Mexico Statutory Requirements Applicable to the 
Hazardous Waste Management Program, dated March, 1995.
    (ii) EPA Approved New Mexico Regulatory Requirements Applicable to 
the Hazardous Waste Management Program, dated March, 1995.
    (2) The following statutes and regulations concerning State 
enforcement, although not incorporated by reference, are part of the 
authorized State program:

[[Page 929]]

    (i) New Mexico Statutes 1978 Annotated, Inspection of Public Records 
Act, Chapter 14, Article 2, (1994 Cumulative Supplement), Sections 14-2-
1 et seq.
    (ii) New Mexico Statutes 1978 Annotated, Hazardous Waste Act, 
Chapter 74, Article 4, (1993 Replacement Pamphlet), Sections 74-4-4 
(except 74-4-4C), 74-4-4.1, 74-4-4.2C through 74-4-4.2F, 74-4-4.2G(1), 
74-4-4.2H, 74-4-4.2I, 74-4-4.3 (except 74-4-4.3A(2) and 74-4-4.3F), 74-
4-4.7B, 74-4-4.7C, 74-4-5, 74-4-7, 74-4-10, 74-4-10.1 (except 74-4-
10.1C), 74-4-11 through 74-4-14.
    (iii) New Mexico Hazardous Waste Management Regulations, 
Environmental Improvement Board (EIB), HWMR-7, as amended, October 21, 
1992, Part IX, Sections 902 (except 902.B.1 through 902.B.6); and Part 
X, Sections 1001, 1004 and 1005.
    (3)(i) The following statutory and regulatory provisions are broader 
in scope than the Federal program, are not part of the authorized 
program, and are not incorporated by reference:
    (ii) New Mexico Statutes 1978 Annotated, Hazardous Waste Act, 
Chapter 74, Article 4, (1993 Replacement Pamphlet), Sections 74-4-3.3 
and 74-4-4.2J.
    (4) Unauthorized State Provisions: The State's adoption of the 
Federal rules listed below is not approved by EPA and are, therefore, 
not enforceable:

------------------------------------------------------------------------
                                     Federal Register       Publication 
      Federal requirement               reference              date     
------------------------------------------------------------------------
Biennial Report................  48 FR 3977.............        01/28/83
Permit Rules; Settlement         48 FR 39611............        09/01/83
 Agreement.                                                             
Interim Status Standards;        48 FR 52718............        11/22/83
 Applicability.                                                         
Chlorinated Aliphatic            49 FR 5308.............        02/10/84
 Hydrocarbon Listing (F024).                                            
National Uniform Manifest......  49 FR 10490............        03/20/84
Liability Requirements.........  53 FR 33938............        09/01/88
Liability Requirements;          56 FR 30200............        07/01/91
 Technical Amendment.                                                   
------------------------------------------------------------------------

    Additionally, New Mexico has adopted but is not authorized to 
implement the HSWA rules that are listed below in lieu of EPA. EPA will 
continue to enforce the Federal HSWA standards for which New Mexico is 
not authorized until the State receives specific authorization from EPA.

------------------------------------------------------------------------
                                     Federal Register       Publication 
      Federal requirement               reference              date     
------------------------------------------------------------------------
Corrective Action..............  50 FR 28702: Amendments        07/15/85
                                  to 264.90(a),                         
                                  264.101(a)&(b),                       
                                  270.60(b)(3) and                      
                                  270.60(c)(3)(vii).                    
Permit Application Requirements  52 FR 45788: Amendments        12/01/87
 Regarding Corrective Action.     to 270.14(c),                         
                                  270.14(d),                            
                                  270.14(d)(1)(i)-(v),                  
                                  270.14(d)(2) and                      
                                  270.14(d)(3).                         
Corrective Action Beyond         52 FR 45788: Amendments        12/01/87
 Facility Boundary.               to 264.100(e),                        
                                  264.100(e)(1),                        
                                  264.100(e)(2) and                     
                                  264.101(c).                           
Corrective Action for Injection  52 FR 45788: Amendments        12/01/87
 Wells.                           to 265.1(c)(2) and                    
                                  270.60(b)(3)(i)&(ii)).                
Toxicity Characteristic;         55 FR 40834............        10/05/90
 Hydrocarbon Recovery                                                   
 Operations.                                                            
                                 56 FR 3978.............        02/01/91
                                 56 FR 13406............        04/02/91
Toxicity Characteristic;         56 FR 5910.............        02/13/91
 Chlorofluorocarbon                                                     
 Refrigerants.                                                          
Revisions to the Petroleum       56 FR 21955............        05/13/91
 Refining Primary and Secondary                                         
 Oil/Water/Solids Separation                                            
 Sludge Listings (F037 and                                              
 F038).                                                                 
------------------------------------------------------------------------

    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region VI and the State of New Mexico signed by the EPA Regional 
Administrator on May 19, 1994, is referenced as part of the authorized 
hazardous waste management program under Subtitle C of RCRA, 42 U.S.C. 
6921 et seq.
    (6) Statement of Legal Authority. ``Attorney General's Statement for 
Final Authorization'', signed by the Attorney General of New Mexico in 
January, 1985, and revisions, supplements and

[[Page 930]]

addenda to that Statement dated April 13, 1988, September 14, 1988, July 
19, 1989, July 23, 1992, February 14, 1994, July 18, 1994, July 20, 1994 
and August 11, 1994 are referenced as part of the authorized hazardous 
waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et 
seq.
    (7) Program Description. The Program Description and any other 
materials submitted as part of the original application or as 
supplements thereto are referenced as part of the authorized hazardous 
waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et 
seq. 

[60 FR 32114, June 20, 1995]
Secs. 272.1602--272.1649  [Reserved]
  



                          Subpart HH--New York

Secs. 272.1650--272.1699  [Reserved]
  



                       Subpart II--North Carolina

Secs. 272.1700--272.1749  [Reserved]
  



                        Subpart JJ--North Dakota

Secs. 272.1750--272.1799  [Reserved]
  



                            Subpart KK--Ohio



Sec. 272.1800  State authorization.

    (a) The State of Ohio is authorized to administer and enforce a 
hazardous waste management program in lieu of the Federal program under 
subtitle C of the Resource Conservation and Recovery Act of 1976 (RCRA), 
42 U.S.C. 6291 et seq., subject to the Hazardous and Solid Waste 
Amendments of 1984 (HSWA) (Pub. L. 98-616, November 8, 1984), 42 U.S.C. 
6926 (c) and (g). The Federal program for which a State may receive 
authorization is defined in 40 CFR part 271. The State's program, as 
administered by the Ohio Environmental Protection Agency, was approved 
by EPA pursuant to 42 U.S.C. 6926(b) and part 271 of this chapter. EPA's 
approval of Ohio's base RCRA program was effective on June 30, 1989 (see 
54 FR 27173). EPA's approval of revisions to Ohio's base program was 
effective on June 7, 1991 (see 56 FR 14203) and August 19, 1991 (see 56 
FR 28088).
    (b) Ohio is authorized to implement certain HSWA requirements in 
lieu of EPA. EPA has explicitly indicated its intent to allow much 
action in a Federal Register notice granting Ohio authorization on June 
7, 1991 (see 56 FR 14203) and August 19, 1991 (see 56 FR 28088).
    (c) Ohio has primary responsibility for enforcing its hazardous 
waste program. However, EPA retains the authority to exercise its 
enforcement authorities under Section 3007, 3008, 3013, and 7003 of 
RCRA, 42 U.S.C. 6927, 6928, 6934, and 6973, as well as under other 
Federal laws and regulations.
    (d) Ohio must revise its approved program to adopt new changes to 
the Federal Subtitle C program, in accordance with section 3006(b) of 
RCRA and 40 CFR part 271, subpart A. Ohio must seek final authorization 
for all program revisions pursuant to section 3006(b) of RCRA but, on a 
temporary basis, may seek interim authorization for revisions required 
by HSWA pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(g). If Ohio 
obtains final authorization for the revised requirements pursuant to 
section 3006(b), the newly authorized provisions will be listed in 
272.1801 of this subpart. If Ohio in the future obtains interim 
authorization for the revised requirements pursuant to section 3006(g), 
the newly authorized provisions will be listed in Sec. 272.1802.

[54 FR 27173, June 28, 1989, as amended at 57 FR 4162, Feb. 4, 1992]



Sec. 272.1801  State-administered program: final authorization.

    Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b): Ohio has 
final authorization for the following elements submitted to EPA in 
Ohio's program application for final authorization and approved by EPA 
effective on June 30, 1989 (see 54 FR 27173), June 7, 1991 (see 56 FR 
14203) and August 19, 1991 (see 56 FR 28088).
    (a) State Statutes and Regulations. (1) The following Ohio 
regulations are incorporated by reference and codified as

[[Page 931]]

part of the hazardous waste management program under subtitle C of RCRA, 
42 U.S.C. 6921 et seq. This incorporation by reference was approved by 
the Director of the Federal Register in accordance with 5 U.S.C. 552(a). 
Ohio Administrative Code, volume 4, chapter 3745, rules: 49-031; 50-01; 
50-03; 50-10; 50-11; 50-31 through 50-32; 50-40 through 50-44(C)(3)(j); 
50-44(C)(4) through 50-44(C)(4)(k); 50-44(C)(5) through 50-44(C)(5)(i); 
50-44(C)(6) through 50-44(C)(7)(j); 50-44(C)(8) through 51-
03(C)(2)(b)(ii); 51-03 (D) and (E); 51-04 through 51-05; 51-06(A)(1) 
through 51-06(A)(3)(g); 51-06(B) through 52-20(F); 52-20 Appendix I 
through 52-34(F); 52-40 through 52-44; 52-50 through 53-10; 53-11(D) 
through 53-20(H); 53-21 through 54-99; 55-02 through 55-99; 56-20 
through 56-31; 56-33 (A) and (B); 56-50 through 56-60; 56-70 through 56-
83; 57-01 through 57-14(B); 57-14(E); 57-15 through 57-18; 57-40 through 
58-40; 58-42; 58-43 through 58-44; 58-45(A) through 58-45(E); 58-45(G); 
58-46; 58-50 through 58-54; 58-60 through 65-01(C); 65-01(E); 65-10 
through 68-14(C); 68-14(F); 68-15 through 68-52; 68-70 through 68-83; 
68-011(A) through 68-011(E); 69-01 through 69-30 (OAC June 30, 1990, as 
supplemented by 1990-1991 Ohio Monthly Record, pages 70-80 (July 1990)). 
Copies of the Ohio regulations that are incorporated by reference in 
this paragraph are available from Banks-Baldwin Law Publishing Company, 
P.O. Box 1974, University Center, Cleveland, Ohio 44106-8697. Customer 
Service Department.
    (2) The following statutory provisions and regulations concerning 
State enforcement, although not codified herein for enforcement 
purposes, are part of the authorized State program:
    (i) Ohio Revised Code, title 1, chapter 119, sections: 01 through 
06.1, and 07 through 13; Ohio Revised Code, title 1, chapter 149, 
sections 011, 43, and 44 (Banks-Baldwin, 1990); Ohio Revised Code, title 
37, chapter 3734, sections: 01 through 05, 07, 09 through 14.1, 16 
through 17, 20 through 22, and 31 through 99 (Banks-Baldwin, 1990).
    (ii) Ohio Administrative Code, volume 4, chapter 3745, rules: 49-
031, 50-21 through 50-30, and 51-03(F) (OAC June 30, 1990, as 
supplemented by 1990-1991 Ohio Monthly Record, pages 70-80 (July, 
1990)).
    (3) The following statutory and regulatory provisions are broader in 
scope than the Federal program, are not part of the authorized program, 
and are not codified for enforcement purposes.
    (i) Ohio Revised Code, Title 37, Chapter 3734, Sections: 06, 08, 18 
through 19, and 23 through 30 (Page, 1987).
    (ii) Ohio Administrative Code, Volume 4, Chapter 3745, Rules: 50-33 
through 50-37, and 53-11(A) through 53-11(C) (OAC June 30, 1988).
    (b) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region V and the Ohio Environmental Protection Agency signed by the EPA 
Regional Administrator on March 6, 1989, is codified as part of the 
authorized hazardous waste management program under Subtitle C of RCRA. 
42 U.S.C. 6921 et seq.
    (c) Statement of Legal Authority. (1) ``Attorney General's Statement 
for Final Authorization,'' signed by the Attorney General of Ohio on 
July 1, 1985, and supplements to that Statement dated June 13, 1990, and 
October 15, 1990, are codified as part of the authorized hazardous waste 
management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (2) Supplemental ``Attorney General's Statements for Final 
Authorization,'' and addenda to such Statements signed by the Attorney 
General of Ohio on December 30, 1988, and February 24, 1989, are 
codified as part of the authorized hazardous waste management program 
under Subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (d) Program Description. The Program Description and any other 
materials submitted as part of the original application or as 
supplements thereto dated November 8, 1990, and December 11, 1990, are 
codified as part of the authorized hazardous waste management program 
under subtitle C of RCRA, 42 U.S.C. 6921 et seq.

[54 FR 27173, June 28, 1989, as amended at 57 FR 4162, Feb. 4, 1992]
Secs. 272.1802--272.1849  [Reserved]
  

[[Page 932]]



                          Subpart LL--Oklahoma

Sec. 272.1850  [Reserved]



Sec. 272.1851  Oklahoma State-Administered Program: Final Authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Oklahoma 
has final authorization for the following elements as submitted to EPA 
in Oklahoma's base program application for final authorization which was 
approved by EPA effective on January 10, 1985. Subsequent program 
revision applications were approved effective on June 18, 1990, November 
27, 1990, June 3, 1991, and November 19, 1991.
    (b) State Statutes and Regulations. (1) the Oklahoma statutes and 
regulations cited in this paragraph are incorporated by reference as 
part of the hazardous waste management program under Subtitle C of RCRA, 
42 U.S.C. 6921 et seq.
    (i) EPA Approved Oklahoma Statutory Requirements Applicable to the 
Hazardous Waste Management Program, September, 1993.
    (ii) EPA Approved Oklahoma Regulatory Requirements Applicable to the 
Hazardous Waste Management Program, September, 1993.
    (2) The following statutes and regulations concerning State 
enforcement, although not incorporated by reference, are part of the 
authorized State program:
    (i) Oklahoma Controlled Industrial Waste Disposal Act, 63 O.S. 1991, 
Sections 1-2001.1, 1-2003, 1-2003.1, 1-2004 (except 1-2004(19) through 
1-2004(21) and 1-2004(27) through 1-2004(34)), 1-2004.1, 1-2004.2, 1-
2005, 1-2005.1, 1-2005.3, 1-2006, 1-2006.1(A), 1-2007, 1-2008(A), 1-
2008(G), 1-2008(H)(1), 1-2009.1(B), 1-2011, 1-2012, 1-2012.1, 1-2013, 
and 1-2013.1.
    (ii) Industrial Waste Management Regulations, Chapter 270, Title 310 
The Oklahoma Administrative Code, December 31, 1991: Subchapter 3, 
Section 310:270-3-2(1); Subchapter 11, Sections 310:270-11-1(a)(6), 
310:270-11-1(e), 310:270-11-2; Subchapter 13, 310:270-13-1, and 310:270-
13-3.
    (3) The following statutory and regulatory provisions are broader in 
scope than the Federal program, are not part of the authorized program, 
and are not incorporated by reference:
    (i) Oklahoma Controlled Industrial Waste Disposal Act, 69 O.S. 1991, 
Sections 1-2005.2 and 1-2005.3A.
    (ii) Industrial Waste Regulations, Chapter 270, Title 310 The 
Oklahoma Administrative Code, December 31, 1991: Subchapter 11, Sections 
310:270-11-1(c) portion addressing application fees, 310:270-11-1(d) 
portion addressing application fees; Subchapter 13, Section 310:270-13-
4; and Subchapter 17.
    (4) Unauthorized State Provisions: The State's adoption of the 
Federal rules listed below, while incorporated by reference at 40 CFR 
272.1851(a), is not approved by EPA and are, therefore, not enforceable:

------------------------------------------------------------------------
                                        Federal Register     Publication
        Federal requirement                 reference            date   
------------------------------------------------------------------------
Liability Requirements.............  53 FR 33938                09/01/88
Delay of Closure Period for          54 FR 33376                08/14/89
 Hazardous Waste Management                                             
 Facilities.                                                            
Mining Waste Exclusion I...........  54 FR 36592                09/01/89
Testing and Monitoring Activities..  54 FR 40260                09/29/89
Mining Waste Exclusion II..........  55 FR 2322                 01/23/90
Modification of F019 Listing.......  55 FR 5340                 02/14/90
Testing and Monitoring Activities;   55 FR 8948                 03/09/90
 Technical Corrections.                                                 
Criteria for Listing Toxic Wastes;   55 FR 18726                05/04/90
 Technical Amendment.                                                   
Land Disposal Restrictions for       55 FR 22520                06/01/90
 Third Scheduled Wastes (Non-HSWA).                                     
------------------------------------------------------------------------


Additionally, Oklahoma is not yet authorized to implement any HSWA 
requirements in lieu of EPA. EPA will continue to enforce the Federal 
HSWA standards until the State receives specific HSWA authorization from 
EPA.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region VI and the State of Oklahoma signed by the EPA Regional 
Administrator on March 22, 1991, is referenced as part of the authorized 
hazardous waste management program under Subtitle C of RCRA, 42 U.S.C. 
6921 et seq.
    (6) Statement of Legal Authority. ``Attorney General's Statement for 
Final Authorization'', signed by the Attorney General of Oklahoma on 
January 20, 1984 and revisions, supplements and addenda to that 
Statement dated January 14, 1988 (as amended July 20, 1989, December 22, 
1988 (as amended June 7,

[[Page 933]]

1989 and August 14, 1990), November 20, 1989, and September 16, 1990, 
are referenced as part of the authorized hazardous waste management 
program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (7) Program Description. The Program Description dated and any other 
materials submitted as part of the original application or as 
supplements thereto are referenced as part of the authorized hazardous 
waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et 
seq.

[58 FR 52681, Oct. 12, 1993]
Secs. 272.1852--272.1899  [Reserved]
  



                           Subpart MM--Oregon

Secs. 272.1900--272.1949  [Reserved]
  



                        Subpart NN--Pennsylvania

Secs. 272.1950--272.1999  [Reserved]
  



                        Subpart OO--Rhode Island

Secs. 272.2000--272.2049  [Reserved]
  



                       Subpart PP--South Carolina

Secs. 272.2050--272.2099  [Reserved]
  



                        Subpart QQ--South Dakota

Secs. 272.2100--272.2149  [Reserved]
  



                          Subpart RR--Tennessee

Secs. 272.2150--272.2199  [Reserved]
  



                            Subpart SS--Texas

Secs. 272.2200--272.2249  [Reserved]
  



                            Subpart TT--Utah

Secs. 272.2250--272.2299  [Reserved]
  



                           Subpart UU--Vermont

Secs. 272.2300--272.2349  [Reserved]
  



                          Subpart VV--Virginia

Secs. 272.2350--272.2399  [Reserved]
  



                         Subpart WW--Washington

Secs. 272.2400--272.2449  [Reserved]
  



                        Subpart XX--West Virginia

Secs. 272.2450--272.2499  [Reserved]
  



                          Subpart YY--Wisconsin



Sec. 272.2500  [Reserved]



Sec. 272.2501  Wisconsin State administered program; final authorization.

    Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b): Wisconsin 
has final authorization for the following elements as submitted to EPA 
in Wisconsin's base program application for final authorization which 
was approved by EPA effective on January 31, 1986. Subsequent program 
revision applications were approved effective on June 6, 1989, January 
22, 1990, and April 24, 1992.

                     State Statutes and Regulations

    (a) The Wisconsin statutes and regulations cited in this paragraph 
are incorporated by reference as part of the hazardous waste management 
program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. 
    (1) EPA Approved Wisconsin Statutory Requirements Applicable to the 
Hazardous Waste Management Program, (dated August 9, 1993).
    (2) EPA Approved Wisconsin Regulatory Requirements Applicable to the 
Hazardous Waste Management Program (dated August 9, 1993).

[[Page 934]]

    (b) The following statutes and regulations concerning State 
enforcement, although not incorporated by reference for enforcement 
purposes, are part of the authorized State program:
    (1) Wisconsin Statutes, Volume 1, Secs. 19.21; 19.31; 19.32(2) and 
(5); 19.35(3) and (4); 19.36; 19.37(1) and (2); Wisconsin Statutes, 
Volume 3, Secs. 144.69-144.72; 144.73-144.74; 144.76(2) and (3); 
Wisconsin Statutes Volume 4, Secs. 227.07; 227.09; 227.14; 227.51; and 
Wisconsin Statutes, Volume 5, Sec. 803.09 (1985-86).
    (2) Wisconsin Administrative Code, Volume 1, Sec. NR: 2.19; 
2.195(1); and 2.195(5) (effective April 1, 1984); Wisconsin 
Administrative Code, Volume 12, Sec. NR: 680.06(12) (effective March 1, 
1991).

[58 FR 49200, Sept. 22, 1993]
Secs. 272.2502--272.2549  [Reserved]
  



                           Subpart ZZ--Wyoming

Secs. 272.2550--272.2599  [Reserved]
  



                            Subpart AAA--Guam

Secs. 272.2600--272.2649  [Reserved]
  



                        Subpart BBB--Puerto Rico

Secs. 272.2650--272.2699  [Reserved]
  



                       Subpart CCC--Virgin Islands

Secs. 272.2700--272.2749  [Reserved]
  



                       Subpart DDD--American Samoa

Secs. 272.2750--272.2799  [Reserved]
  



        Subpart EEE--Commonwealth of the Northern Mariana Islands

Secs. 272.2800--272.2849  [Reserved]

               Appendix A to Part 272--State Requirements

    The following is an informational listing of the State and local 
requirements incorporated in part 272 of the Code of Federal 
Regulations:

                                 Arizona

    The statutory provisions include:
    Arizona Laws Relating to Environmental Quality, 1993 edition, 
reprinted from Arizona Revised Statutes, Title 49, Sections 49-921 and 
49-922. Copies of the Arizona statutes can be obtained from the State 
Bar of Arizona, 111 West Munroe, Suite 1800, Phoenix, Arizona 85003-
1742.
    The regulatory provisions include:
    Arizona Administrative Code, Title 18, Chapter 8, December 31, 1994, 
Sections R18-8-260.A through R18-8-260.C, R18-8-260.E through R18-8-
260.H; R18-8-261.A through R18-8-261.I; R18-8-261.K; R18-8-262; R18-8-
263; R18-8-264; R18-8-265; R18-8-266; R18-8-268; R18-8-270.A through 
R18-8-270.F; R18-8-270.H through R18-8-270.Q; and R18-8-271.A through 
R18-8-271.E. Copies of the Arizona regulations can be obtained from the 
Arizona Secretary of State, Publications, Notary, Charitable 
Solicitation & Telemarketing Division, 1700 West Washington, 7th Floor, 
Phoenix, Arizona 85007-2808.

                                Arkansas

    The statutory provisions include:
    Arkansas Hazardous Waste Management Act, as amended, Arkansas Code 
of 1987 Annotated (A.C.A.), 1993 Replacement, Sections 8-7-202, 8-7-203, 
8-7-215, 8-7-216, 8-7-219, 8-7-221, 8-7-223 and 8-7-225(a), as published 
by The Michie Company, Law Publishers, 1 Town Hall Square, 
Charlottesville, Virginia 22906-7587.
    The regulatory provisions include:
    Arkansas Department of Pollution Control and Ecology Regulation No. 
23, Hazardous Waste Management, as amended August 27, 1993, effective 
September 21, 1993, chapter one; chapter two, sections 2a (except the 
second sentence of 2a(5)), 2b (except 2b(11)), 2c, 3a (except 3a(10), 
3a(11) and 3a(13)), 5, 6 introductory paragraph, 6b, 6c, 9, 10, 12 
introductory paragraph, 12a, 12b (except 12b(7) and 12b(8)), 12c(10), 
12c(11), 13a introductory paragraph, 13a(1) through 13a(7), 13a(11), 14 
introductory paragraph, 14b, 15, 16 introductory paragraph, 16b, 16c 
introductory paragraph, 16c(1) (except the phrase `or the letters 
``PCB'' for PCB shipments' in 16c(1)(e)), 16c(2) through 16c(6), 16c(7) 
(except the second and third sentences), 16c(8) through 16c(12), 16d(1) 
(except the phrase ``(including PCBs and PCB contaminated wastes)'' in 
the first sentence), 16d(1)(a) through 16d(1)(d), 16d(1)(e) (except the 
phrase `or ``PCBs'' ' in the first sentence), and 16d(1)(f) through 16e. 
Copies of the Arkansas regulations can be obtained from the Arkansas 
Register, Secretary of State, State Capitol Building, Little Rock, 
Arkansas 72201.

[[Page 935]]

                                Minnesota

    The statutory provisions include: Minnesota Statutes, June 1992 
edition, Chapters 13.03; 13.05 Subdivision 9; 13.08; 13.37; 15.17; 
15.171; 115.061; 115A.03; 116.06; 116.07 Subdivisions 4, 4a, 4b, 5 and 
8; 116.075; 116.081 Subdivisions 1 and 3; and 116.14.
    The regulatory provisions include: Minnesota Rules, June 1992 
edition, 7001.0010; 7001.0020(B); 7001.0030-7001.0150(3)(C); 
7001.0150(3)(E)-7001.0200; 7001.0500-7001.0730(2); 7001.0730(4); 
7045.0020-7045.0143; 7045.0205-7045.0270(6); 7045.0275-7045.0310; 
7045.0351-7045.0685; 7045.0692-7045.0695; 7045.1300-7045.1380 (June 1992 
edition).

                                Missouri

    The statutory provisions include: 260.350-260.360(3), 260.360(5)-
260.360(12), 260.360(14)-260.360(19), 260.380-1.-260.380-1.(9), 260.380-
2., 260.385(2)-260.390(7), 260.390(9), 260.395-6.-260.395-7.(4), 
260.395-7.(7)-260.395-18.
    The regulatory provisions include: 3.260-3.260(1)(A)20, 
3.260(1)(A)22-3.260(1)(A)23, 3.260(2), 4.261-4.261(2)(A)5, 5.262-
5.262(2)(B)1., 5.262(2)(B)3.-5.262(2)(C)1., 5.262(2)(C)2.A.-5.262(2)(D), 
5.262(2)(D)2.-5.262(2)(H), 6.263-6.263(2)(A)2., 6.263(2)(A)5.-
6.263(2)(A)10.C, 6.263(2)(B)-6.263(2)(D)2., 7.264-7.264(2)(A)2., 
7.264(2)(B)2.-7.264(2)(O), 7.264(2)(X), 7.265-7.265(2)(A), 7.265(2)(E)-
7.265(2)(K), 7.266-7.266(2), 7.268-7.268(2), 7.268(2)(A)., 
7.268(2)(A)4.-7.268(2)(C), 7.270-7.270(2)(B)6., 7.270(2)(B)9., 
7.270(2)(B)11., 7.270(2)(B)14.-7.270(2)(B)17., 7.270(2)(C)-
7.270(2)(C)1., 7.270(2)(C)1.B.-7.270(2)(C)1.C., 7.270(2)(C)2.-
7.270(2)(C)2.C., 7.270(2)(C)2.E., 7.270(2)(D)-7.270(2)(D)3., 
7.270(2)(E)-7.270(2)(G).

                               New Mexico

    The statutory provisions include:
    New Mexico Statutes 1978 Annotated, Hazardous Waste Act, Chapter 74, 
Article 4, (1993 Replacement Pamphlet), Sections 74-4-2, 74-4-3 (except 
74-4-3L, 74-4-3O and 74-4-3R), 74-4-3.1, 74-4-4.2A, 74-4-4.2B, 74-4-4.2G 
introductory paragraph, 74-4-4.2G(2), 74-4-4.3F, 74-4-4.7 (except 74-4-
4.7B and 74-4-4.7C), 74-4-9 and 74-4-10.1C, as published by the Michie 
Company, Law Publishers, 1 Town Hall Square, Charlottesville, Virginia 
22906-7587.
    The regulatory provisions include:
    New Mexico Hazardous Waste Management Regulations, Environmental 
Improvement Board (EIB), HWMR-7, as amended, October 21, 1992, Part I 
through Part VIII; Part IX, Sections 901, 902.B.1 through 902.B.6; and 
Part X, Section 1003. Copies of the New Mexico regulations can be 
obtained from the New Mexico Register, New Mexico Information Systems, 
P. O. Box 6703, Santa Fe, NM 87502.

                                Oklahoma

    The statutory provisions include:
    Oklahoma Controlled Industrial Waste Disposal Act, 63, O.S. 1991, 
Sections 1-2002, 1-2006.1 (except 1-2006.1(A)), 1-2008(B) through 1-
2008(F), 1-2008(H)(2), 1-2008(H)(3), 1-2009, 1-2009.1 (except 1-
2009.1(B)(2)), 1-2010, 1-2012.3, 1-2014(A), 1-2014(B) (except the last 
sentence), 1-2014(C)(2), 1-2014(D), 1-2014(E) and 1-2014.2.
    Copies of the Oklahoma statutes that are incorporated by reference 
are available from West Publishing Company, 50 West Kellogg Boulevard, 
P.O. Box 64526, St. Paul, Minnesota 55164-0526.
    The regulatory provisions include:
    Industrial Waste Management Regulations, Chapter 270, Title 310 The 
Oklahoma Administrative Code, December 31, 1991: Subchapter 1, Section 
310:270-1-2 (excluding definitions for ``Annulus'', ``Cone of 
influence'', ``Fresh water'' and ``Maximum total pressure gradient''); 
Subchapter 3, Sections 310:270-3-1 (excluding the phrase ``and the 
Underground Injection Control Program, as amended through July 1, 1990), 
310:270-3-2 introductory paragraph, 310:270-3-2(4) through 310:270-3-
2(12), 310:270-3-4(a), 310:270-3-5 (excluding the phrase ``40 CFR 144.3, 
40 CFR 146.3, or''), 310:270-3-6; Subchapter 5 (except 310:270-5-2); 
Subchapter 7; Subchapter 9 (except 310:270-9-6 and 310:270-9-7); 
Subchapter 11, Sections 310:270-11-1(a), 310:270-11-1(a)(1) first 
sentence, 310:270-11-1(a)(2), 310:270-11-1(a)(3), 310:270-11-1(b), 
310:270-11-1(c) introductory paragraph (except the phrase ``the 
application fee and''), 310:270-11-1(c)(1) through 310:270-11-1(c)(3), 
310:270-11-1(d) introductory paragraph (except the phrase ``the 
application fee and''), 310:270-11-1(d)(1), 310:270-11-1(d)(2) (except 
the references ``144, 146,''), 310:270-11-1(f), 310:270-11-3, 310:270-
11-4(a) through 310:270-11-4(e); and Subchapter 13, Sections 310:270-13-
2 introductory paragraph, 310:270-13-2(1) and 310:270-13-2(2) first 
sentence.
    Copies of the Oklahoma regulations that are incorporated by 
reference can be obtained from The Oklahoma Register, Office of 
Administrative Rules, Secretary of State, 101 State Capitol, Oklahoma 
City, Oklahoma 73105.

                                Wisconsin

    The statutory provisions include: Wisconsin Statutes, Volume 3, 
Sections: 144.01; 144.43-433; 144.44 (except 144.44(4)(a)); 144.441(1)-
(2); 144.441(3) (b), (f), and (g); 144.441(4) (a) and (c)-(g); 
144.441(6); 144.442(1), (4)-(11); 144.443; 144.444; 144.60-144.63; and 
144.64 (2)-(3) (except for 144.64(2)(e)(1)).
    The regulatory provisions include: Wisconsin Administrative Code, 
Volume 12, Sec. NR 600.01-600.04(2); 600.06; 600.3-600.11; 605.02; 
605.04-605.11; Appendix II, III, IV and V; 610.01-610.09(2); 615.01-
615.13(2)(b); 620.01; 620.04-620.10(3); 620.14; 625.04(4); 625.05(1)-
625.07(7)(c)12; 625.12(1) and (2); 630.02; 630.04-630.40(3)(c); 635.02; 
635.05-635.16(17)(d); 635.17(1), (2) and (3); 640.02; 640.06(2)(b); 
640.09-640.22(22); 645.04-645.14; 645.17(1)(a)(1)-

[[Page 936]]

645.17(1)(a)3.e; 650; 655.02; 655.05-655.13(13); 660.02; 660.08-
660.20(2); 665.02; 665.05(1)-665.10(2); 670.06-670.11(2)(d)3; 675.01-
675.30(6); 680.01-680.51(5); 685.02; 685.05-685.08(13)(b).

[58 FR 3500, Jan. 11, 1993, as amended at 58 FR 49200, Sept. 22, 1993; 
58 FR 52676, 52679, 52682, Oct. 12, 1993; 59 FR 45987, Sept. 6, 1994; 59 
FR 52920, Oct. 20, 1994; 60 FR 32112, June 20, 1994; 60 FR 32115, June 
20, 1995; 60 FR 44280, Aug. 25, 1995]



PART 273--STANDARDS FOR UNIVERSAL WASTE MANAGEMENT--Table of Contents




                           Subpart A--General

Sec.
273.1  Scope.
273.2  Applicability--batteries.
273.3  Applicability--pesticides.
273.4  Applicability--mercury thermostats.
273.5  Applicability--household and conditionally exempt small quantity 
          generator waste.
273.6  Definitions.

   Subpart B--Standards for Small Quantity Handlers of Universal Waste

273.10  Applicability.
273.11  Prohibitions.
273.12  Notification.
273.13  Waste management.
273.14  Labeling/marking.
273.15  Accumulation time limits.
273.16  Employee training.
273.17  Response to releases.
273.18  Off-site shipments.
273.19  Tracking universal waste shipments.
273.20  Exports.

   Subpart C--Standards for Large Quantity Handlers of Universal Waste

273.30  Applicability.
273.31  Prohibitions.
273.32  Notification.
273.33  Waste management.
273.34  Labeling/marking.
273.35  Accumulation time limits.
273.36  Employee training.
273.37  Response to releases.
273.38  Off-site shipments.
273.39  Tracking universal waste shipments.
273.40  Exports.

          Subpart D--Standards for Universal Waste Transporters

273.50  Applicability.
273.51  Prohibitions.
273.52  Waste management.
273.53  Accumulation time limits.
273.54  Response to releases.
273.55  Off-site shipments.
273.56  Exports.

             Subpart E--Standards for Destination facilities

273.60  Applicability.
273.61  Off-site shipments.
273.62  Tracking universal waste shipments.

                     Subpart F--Import requirements

273.70  Imports.

   Subpart G--Petitions to Include Other Wastes Under 40 CFR Part 273

273.80  General.
273.81  Factors for Petitions to include other wastes under 40 CFR Part 
          273.

    Authority: 42 U.S.C. 6922, 6923, 6924, 6925, 6930, and 6937.

    Source: 60 FR 25542, May 11, 1995, unless otherwise noted.



                           Subpart A--General



Sec. 273.1  Scope.

    (a) This part establishes requirements for managing the following:
    (1) Batteries as described in 40 CFR 273.2;
    (2) Pesticides as described in 40 CFR 273.3; and
    (3) Thermostats as described in 40 CFR 273.4.
    (b) This part provides an alternative set of management standards in 
lieu of regulation under 40 CFR parts 260 through 272.



Sec. 273.2  Applicability--batteries.

    (a) Batteries covered under 40 CFR part 273. (1) The requirements of 
this part apply to persons managing batteries, as described in 
Sec. 273.6, except those listed in paragraph (b) of this section.
    (2) Spent lead-acid batteries which are not managed under 40 CFR 
part 266, subpart G, are subject to management under this part.
    (b) Batteries not covered under 40 CFR part 273. The requirements of 
this part do not apply to persons managing the following batteries:
    (1) Spent lead-acid batteries that are managed under 40 CFR part 
266, subpart G.
    (2) Batteries, as described in Sec. 273.6, that are not yet wastes 
under part 261 of this chapter, including those that do not meet the 
criteria for waste generation in paragraph (c) of this section.

[[Page 937]]

    (3) Batteries, as described in Sec. 273.6, that are not hazardous 
waste. A battery is a hazardous waste if it exhibits one or more of the 
characteristics identified in 40 CFR part 261, subpart 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.



Sec. 273.3  Applicability--pesticides.

    (a) Pesticides covered under 40 CFR part 273. The requirements of 
this part apply to persons managing pesticides, as described in 
Sec. 273.6, 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 40 CFR part 273. The requirements 
of this part 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 40 CFR 
262.70. (40 CFR 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 40 CFR 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 regulations in 40 CFR parts 260 through 272;
    (3) Pesticides that are not wastes under part 261 of this chapter, 
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 40 CFR part 261, subpart D or if it 
exhibits one or more of the characteristics identified in 40 CFR part 
261, subpart 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 40 CFR 261.2; thus 
the pesticide is not a hazardous waste and is not subject to hazardous 
waste requirements, including this part 273. This pesticide remains 
subject to the requirements of FIFRA; or
    (ii) Has made a decision to use a management option that, under 40 
CFR 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 this 
part 273. This pesticide, including a recalled pesticide that is 
exported to a foreign

[[Page 938]]

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.



Sec. 273.4  Applicability--mercury thermostats.

    (a) Thermostats covered under 40 CFR part 273. The requirements of 
this part apply to persons managing thermostats, as described in 
Sec. 273.6, except those listed in paragraph (b) of this section.
    (b) Thermostats not covered under 40 CFR part 273. The requirements 
of this part do not apply to persons managing the following thermostats:
    (1) Thermostats that are not yet wastes under part 261 of this 
chapter. Paragraph (c) of this section describes when thermostats become 
wastes.
    (2) Thermostats that are not hazardous waste. A thermostat is a 
hazardous waste if it exhibits one or more of the characteristics 
identified in 40 CFR part 261, subpart C.
    (c) Generation of waste thermostats. (1) A used thermostat becomes a 
waste on the date it is discarded (e.g., sent for reclamation).
    (2) An unused thermostat becomes a waste on the date the handler 
decides to discard it.



Sec. 273.5  Applicability--household and conditionally exempt small quantity generator waste.

    (a) Persons managing the wastes listed below may, at their option, 
manage them under the requirements of this part:
    (1) Household wastes that are exempt under 40 CFR 261.4(b)(1) and 
are also of the same type as the universal wastes defined at 40 CFR 
273.6; and/or
    (2) Conditionally exempt small quantity generator wastes that are 
exempt under 40 CFR 261.5 and are also of the same type as the universal 
wastes defined at 40 CFR 273.6.
    (b) Persons who commingle the wastes described in paragraphs (a)(1) 
and (a)(2) of this section together with universal waste regulated under 
this part must manage the commingled waste under the requirements of 
this part.



Sec. 273.6  Definitions.

    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.
    Destination facility means a facility that treats, disposes of, or 
recycles a particular category of universal waste, except those 
management activities described in Sec. 273.13 (a) and (c) and 
Sec. 273.33 (a) and (c). 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 part 261 of this chapter or 
whose act first causes a hazardous waste to become subject to 
regulation.
    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 (batteries, pesticides, or thermostats, 
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.
    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

[[Page 939]]

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 (batteries, pesticides, or 
thermostats, 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 40 CFR 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 40 CFR part 273:
    (a) Batteries as described in 40 CFR 273.2;
    (b) Pesticides as described in 40 CFR 273.3; and
    (c) Thermostats as described in 40 CFR 273.4.
    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 40 CFR 
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.



   Subpart B--Standards for Small Quantity Handlers of Universal Waste



Sec. 273.10  Applicability.

    This subpart applies to small quantity handlers of universal waste 
(as defined in 40 CFR 273.6).



Sec. 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 40 CFR 273.17; or by managing 
specific wastes as provided in 40 CFR 273.13.



Sec. 273.12  Notification.

    A small quantity handler of universal waste is not required to 
notify EPA of universal waste handling activities.



Sec. 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

[[Page 940]]

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 40 CFR part 261, subpart C.
    (i) If the electrolyte and/or other solid waste exhibit a 
characteristic of hazardous waste, it is subject to all applicable 
requirements of 40 CFR parts 260 through 272. The handler is considered 
the generator of the hazardous electrolyte and/or other waste and is 
subject to 40 CFR part 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 regulations.
    (b) Universal waste pesticides. A small quantity handler of 
universal waste must manage universal waste pesticides in a way that 
prevent 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 
(b)(1) of this Section, provided that the unacceptable container is 
overpacked in a container that does meet the requirements of paragraph 
(b)(1) of this Section; or
    (3) A tank that meets the requirements of 40 CFR part 265 subpart J, 
except for 40 CFR 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 thermostats. A small quantity handler of 
universal waste must manage universal waste thermostats 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 thermostat 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 thermostat, 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 remove mercury-
containing ampules from universal waste thermostats 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);

[[Page 941]]

    (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 40 CFR 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 40 CFR 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)(i) A small quantity handler of universal waste who removes 
mercury-containing ampules from thermostats must determine whether the 
following exhibit a characteristic of hazardous waste identified in 40 
CFR part 261, subpart 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 (e.g., remaining thermostat units).
    (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 40 CFR parts 260 through 272. The handler 
is considered the generator of the mercury, residues, and/or other waste 
and must manage it is subject to 40 CFR part 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 
regulations.



Sec. 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 40 CFR 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 40 CFR 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 (c)(1)(i) of this 
section 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) of this section 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 thermostats (i.e., each thermostat), or a 
container in which the thermostats are contained, must be labeled or 
marked clearly with any one of the following phrases: ``Universal 
Waste--Mercury Thermostat(s),'' or ``Waste Mercury Thermostat(s),'' or 
``Used Mercury Thermostat(s)''.



Sec. 273.15  Accumulation time limits.

    (a) A small quantity handler of universal waste may accumulate 
universal waste for no longer than one year from

[[Page 942]]

the date the universal waste is generated, or received from another 
handler, unless the requirements of paragraph (b) of this section 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.



Sec. 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.



Sec. 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 40 CFR parts 260 through 272. The handler is considered 
the generator of the material resulting from the release, and must 
manage it in compliance with 40 CFR part 262.



Sec. 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 subpart D of this part 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 parts 171 
through 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 through 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.

[[Page 943]]

    (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 appropriate regional EPA office of 
the illegal shipment, and provide the name, address, and phone number of 
the originating shipper. The EPA regional office 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 regulations.



Sec. 273.19  Tracking universal waste shipments.

    A small quantity handler of universal waste is not required to keep 
records of shipments of universal waste.



Sec. 273.20  Exports.

    A small quantity handler of universal waste who sends universal 
waste to a foreign destination other than to those OECD countries 
specified in 40 CFR 262.58(a)(1) (in which case the handler is subject 
to the requirements of 40 CFR part 262, subpart H) must:
    (a) Comply with the requirements applicable to a primary exporter in 
40 CFR 262.53, 262.56(a) (1) through (4), (6), and (b) and 262.57;
    (b) Export such universal waste only upon consent of the receiving 
country and in conformance with the EPA Acknowledgement of Consent as 
defined in subpart E of part 262 of this chapter; and
    (c) Provide a copy of the EPA Acknowledgment of Consent for the 
shipment to the transporter transporting the shipment for export.

[60 FR 25542, May 11, 1995, as amended at 61 FR 16315, Apr. 12, 1996]

    Effective Date Note: At 61 FR 16315, Apr. 12, 1996, Sec. 273.20 was 
amended by revising the introductory text, effective July 11, 1996. For 
the convenience of the reader, the superseded text is set out below:

Sec. 273.20  Exports.
    A small quantity handler of universal waste who sends universal 
waste to a foreign destination must:

                                * * * * *



   Subpart C--Standards for Large Quantity Handlers of Universal Waste



Sec. 273.30  Applicability.

    This subpart applies to large quantity handlers of universal waste 
(as defined in 40 CFR 273.6).



Sec. 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 40 CFR 273.37; or by managing 
specific wastes as provided in 40 CFR 273.33.



Sec. 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

[[Page 944]]

the Regional Administrator, 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 EPA 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 40 CFR 273.3(a)(1) and who 
has sent notification to EPA as required by 40 CFR part 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, thermostats);
    (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, thermostats) the handler is 
accumulating above this quantity.



Sec. 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 40 CFR part 261, subpart 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 40 CFR parts 260 through 272. The handler 
is considered the generator of the hazardous electrolyte and/or other 
waste and is subject to 40 CFR part 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 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

[[Page 945]]

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 
(b)(1) of this section, provided that the unacceptable container is 
overpacked in a container that does meet the requirements of paragraph 
(b)(1) of this section; or
    (3) A tank that meets the requirements of 40 CFR part 265 subpart J, 
except for 40 CFR 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 thermostats. A large quantity handler of 
universal waste must manage universal waste thermostats 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 thermostat 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 thermostat, 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 remove mercury-
containing ampules from universal waste thermostats 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 40 CFR 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 40 CFR 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)(i) A large quantity handler of universal waste who removes 
mercury-containing ampules from thermostats must determine whether the 
following exhibit a characteristic of hazardous waste identified in 40 
CFR part 261, subpart 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 (e.g., remaining thermostat units).
    (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 40 CFR parts 260 through 272. The handler 
is considered the generator of the mercury, residues, and/or other waste 
and is subject to 40 CFR part 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 
regulations.



Sec. 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:

[[Page 946]]

    (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 the 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 40 CFR 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 40 CFR 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 (c)(1)(i) of this 
section 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 
(1)(ii) of this section 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) Universal waste thermostats (i.e., each thermostat), or a 
container or tank in which the thermostats are contained, must be 
labeled or marked clearly with any one of the following phrases: 
``Universal Waste--Mercury Thermostat(s),'' or ``Waste Mercury 
Thermostat(s),'' or ``Used Mercury Thermostat(s).



Sec. 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) of this section 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.



Sec. 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.

[[Page 947]]



Sec. 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 40 CFR parts 260 through 272. The handler is considered 
the generator of the material resulting from the release, and is subject 
to 40 CFR part 262.



Sec. 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 subpart D of this part 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 through 
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 through 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 appropriate regional EPA office of 
the illegal shipment, and provide the name, address, and phone number of 
the originating shipper. The EPA regional office 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 regulations.



Sec. 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, 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.

[[Page 948]]

    (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 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.



Sec. 273.40  Exports.

    A large quantity handler of universal waste who sends universal 
waste to a foreign destination other than to those OECD countries 
specified in 40 CFR 262.58(a)(1) (in which case the handler is subject 
to the requirements of 40 CFR part 262, subpart H) must:
    (a) Comply with the requirements applicable to a primary exporter in 
40 CFR 262.53, 262.56(a)(1) through (4), (6), and (b) and 262.57;
    (b) Export such universal waste only upon consent of the receiving 
country and in conformance with the EPA Acknowledgement of Consent as 
defined in subpart E of part 262 of this chapter; and
    (c) Provide a copy of the EPA Acknowledgement of Consent for the 
shipment to the transporter transporting the shipment for export.

[60 FR 25542, May 11, 1995, as amended at 61 FR 16316, Apr. 12, 1996]

    Effective Date Note: At 61 FR 16316, Apr. 12, 1996, Sec. 273.40 was 
amended by revising the introductory text, effective July 11, 1996. For 
the convenience of the reader, the superseded text is set out below:

Sec. 273.40  Exports.
    A large quantity handler of universal waste who sends universal 
waste to a foreign destination must:

                                * * * * *



          Subpart D--Standards for Universal Waste Transporters



Sec. 273.50  Applicability.

    This subpart applies to universal waste transporters (as defined in 
40 CFR 273.6).



Sec. 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 40 CFR 273.54.



Sec. 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 part 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 40 CFR 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''.

[[Page 949]]



Sec. 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 subparts B or C of this 
part while storing the universal waste.



Sec. 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 40 CFR parts 260 through 272. 
If the waste is determined to be a hazardous waste, the transporter is 
subject to 40 CFR part 262.



Sec. 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.



Sec. 273.56  Exports.

    A universal waste transporter transporting a shipment of universal 
waste to a foreign destination other than to those OECD countries 
specified in 40 CFR 262.58(a)(1) (in which case the transporter is 
subject to the requirements of 40 CFR part 262, subpart H) may not 
accept a shipment if the transporter knows the shipment does not conform 
to the EPA Acknowledgment of Consent. In addition the transporter must 
ensure that:
    (a) A copy of the EPA Acknowledgment of Consent accompanies the 
shipment; and
    (b) The shipment is delivered to the facility designated by the 
person initiating the shipment.

[60 FR 25542, May 11, 1995, as amended at 61 FR 16316]

    Effective Date Note: At 61 FR 16316, Apr. 12, 1996, Sec. 273.56 was 
amended by revising the introductory text, effective July 11, 1996. For 
the convenience of the reader, the superseded text is set out below:

Sec. 273.56  Exports.
    A universal waste transporter transporting a shipment of universal 
waste to a foreign destination may not accept a shipment if the 
transporter knows the shipment does not conform to the EPA 
Acknowledgment of Consent. In addition the transporter must ensure that:

                                * * * * *



             Subpart E--Standards for Destination Facilities



Sec. 273.60  Applicability.

    (a) The owner or operator of a destination facility (as defined in 
40 CFR 273.6) is subject to all applicable requirements of parts 264, 
265, 266, 268, 270, and 124 of this chapter, 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 40 CFR 261.6(c)(2).



Sec. 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

[[Page 950]]

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 appropriate regional EPA office of the illegal shipment, and provide 
the name, address, and phone number of the shipper. The EPA regional 
office 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 regulations.



Sec. 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, 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.



                     Subpart F--Import Requirements



Sec. 273.70  Imports.

    Persons managing universal waste that is imported from a foreign 
country into the United States are subject to 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 subpart D of this part.
    (b) A universal waste handler is subject to the small or large 
quantity handler of universal waste requirements of subparts B or C, as 
applicable.
    (c) An owner or operator of a destination facility is subject to the 
destination facility requirements of subpart E of this part.
    (d) Persons managing universal waste that is imported from an OECD 
country as specified in 40 CFR 262.58(a)(1) are subject to paragraphs 
(a) through (c) of this section, in addition to the requirements of 40 
CFR part 262, subpart H.

[60 FR 25542, May 11, 1995, as amended at 61 FR 16316]

    Effective Date Note: At 61 FR 16316, Apr. 12, 1996, Sec. 273.70 was 
amended by revising the introductory text and adding (d), effective July 
11, 1996. For the convenience of the reader, the superseded text is set 
out below:

Sec. 273.20  Exports.
    Persons managing universal waste that is imported from a foreign 
country into the United States are subject to the applicable 
requirements of this part, immediately after the waste enters the United 
States, as indicated below:

                                * * * * *



   Subpart G--Petitions to Include Other Wastes Under 40 CFR Part 273



Sec. 273.80  General.

    (a) Any person seeking to add a hazardous waste or a category of 
hazardous waste to this part may petition for

[[Page 951]]

a regulatory amendment under this subpart and 40 CFR 260.20 and 260.23.
    (b) To be successful, the petitioner must demonstrate to the 
satisfaction of the Administrator that regulation under the universal 
waste regulations of 40 CFR part 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 40 
CFR 260.20(b). The petition should also address as many of the factors 
listed in 40 CFR 273.81 as are appropriate for the waste or waste 
category addressed in the petition.
    (c) The Administrator will evaluate petitions using the factors 
listed in 40 CFR 273.81. The Administrator will grant or deny a petition 
using the factors listed in 40 CFR 273.81. The decision will be based on 
the weight of evidence showing that regulation under 40 CFR part 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.



Sec. 273.81  Factors for petitions to include other wastes under 40 CFR part 273.

    (a) The waste or category of waste, as generated by a wide variety 
of generators, is listed in subpart D of part 261 of this chapter, or 
(if not listed) a proportion of the waste stream exhibits one or more 
characteristics of hazardous waste identified in subpart C of part 261 
of this chapter. (When a characteristic waste is added to the universal 
waste regulations of 40 CFR part 273 by using a generic name to identify 
the waste category (e.g., batteries), the definition of universal waste 
in 40 CFR 260.10 and 273.6 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 regulations of 40 CFR part 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, conditionally exempt 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 40 CFR 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 40 CFR part 
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 Subtitle C of RCRA.
    (g) Regulation of the waste or category of waste under 40 CFR part 
273 will improve implementation of and compliance with the hazardous 
waste regulatory program; and/or
    (h) Such other factors as may be appropriate.



PART 279--STANDARDS FOR THE MANAGEMENT OF USED OIL--Table of Contents




                         Subpart A--Definitions

Sec.
279.1  Definitions.

[[Page 952]]

                        Subpart B--Applicability

279.10  Applicability.
279.11  Used oil specifications.
279.12  Prohibitions.

              Subpart C--Standards for Used Oil Generators

279.20  Applicability.
279.21  Hazardous waste mixing.
279.22  Used oil storage.
279.23  On-site burning in space heaters.
279.24  Off-site shipments.

  Subpart D--Standards for Used Oil Collection Centers and Aggregation 
                                 Points

279.30  Do-it-yourselfer used oil collection centers.
279.31  Used oil collection centers.
279.32  Used oil aggregate points owned by the generator.

  Subpart E--Standards for Used Oil Transporter and Transfer Facilities

279.40  Applicability.
279.41  Restrictions on transporters who are not also processors or re-
          refiners.
279.42  Notification.
279.43  Used oil transportation.
279.44  Rebuttable presumption for used oil.
279.45  Used oil storage at transfer facilities.
279.46  Tracking.
279.47  Management of residues.

      Subpart F--Standards for Used Oil Processors and Re-Refiners

279.50  Applicability.
279.51  Notification.
279.52  General facility standards.
279.53  Rebuttable presumption for used oil.
279.54  Used oil management.
279.55  Analysis plan.
279.56  Tracking.
279.57  Operating record and reporting.
279.58  Off-site shipments of used oil.
279.59  Management of residues.

  Subpart G--Standards for Used Oil Burners Who Burn Off-Specification 
                      Used Oil for Energy Recovery

279.60  Applicability.
279.61  Restriction on burning.
279.62  Notification.
279.63  Rebuttable presumption for used oil.
279.64  Used oil storage.
279.65  Tracking.
279.66  Notices.
279.67  Management of residues.

            Subpart H--Standards for Used Oil Fuel Marketers

279.70  Applicability.
279.71  Prohibitions.
279.72  On-specification used oil fuel.
279.73  Notification.
279.74  Tracking.
279.75  Notices.

Subpart I--Standards for Use as a Dust Suppressant and Disposal of Used 
                                   Oil

279.80  Applicability.
279.81  Disposal.
279.82  Use as a dust suppressant.

    Authority: Sections 1006, 2002(a), 3001 through 3007, 3010, 3014, 
and 7004 of the Solid Waste Disposal Act, as amended (42 U.S.C. 6905, 
6912(a), 6921 through 6927, 6930, 6934, and 6974); and sections 101(37) 
and 114(c) of CERCLA (42 U.S.C. 9601(37) and 9614(c)).

    Source: 57 FR 41612, Sept. 10, 1992, unless otherwise noted.



                         Subpart A--Definitions



Sec. 279.1  Definitions.

    Terms that are defined in Secs. 260.10, 261.1, and 280.12 of this 
chapter 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 Sec. 280.12 of this 
chapter.
    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/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 
authorized used oil program for the State in which the tank is located. 
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 canceled or modified without substantial loss--for 
installation of the tank to be completed within a reasonable time.

[[Page 953]]

    Household ``do-it-yourselfer'' used oil means oil that is derived 
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 
authorized used oil program for the State in which the tank is located.
    Petroleum refining facility means an establishment primarily engaged 
in producing gasoline, kerosine, 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 product. 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 such 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 Sec. 279.11 is burned for energy recovery 
in devices identified in Sec. 279.61(a).
    Used oil collection center means any site or facility that is 
registered/licensed/permitted/recognized by a state/county/municipal 
government to manage used oil and accepts/aggregates and stores used oil 
collected from used oil generators regulated under subpart C of this 
part who bring used oil to the collection center in shipments of no more 
than 55 gallons under the provisions of Sec. 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 
recovery meets the used oil fuel specifications set forth in Sec. 279.11 
of this part.
    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/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 Sec. 279.20(b)(2). Transfer 
facilities that store used oil for more than 35 days are subject to 
regulation under subpart F of this part.
    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

[[Page 954]]

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.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993; 59 
FR 10559, Mar. 4, 1994]



                        Subpart B--Applicability



Sec. 279.10  Applicability.

    This section identifies those materials which are subject to 
regulation as used oil under this part. This section also identifies 
some materials that are not subject to regulation as used oil under this 
part, and indicates whether these materials may be subject to regulation 
as hazardous waste under parts 260 through 266, 268, 270, and 124 of 
this chapter.
    (a) Used oil. EPA 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 Sec. 279.11, the regulations of this part 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 characteristics of hazardous waste identified in subpart C 
of part 261 of this chapter.
    (b) Mixtures of used oil and hazardous waste--(1) Listed hazardous 
waste. (i) Mixtures of used oil and hazardous waste that is listed in 
subpart D of part 261 of this chapter are subject to regulation as 
hazardous waste under parts 260 through 266, 268, 270, and 124 of this 
chapter, rather than as used oil under this part.
    (ii) Rebuttable presumption for used oil. Used oil containing more 
than 1,000 ppm total halogens is presumed to be a hazardous waste 
because it has been mixed with halogenated hazardous waste listed in 
subpart D of part 261 of this chapter. Persons may rebut this 
presumption by demonstrating that the used oil does not contain 
hazardous waste (for example, by using an analytical method from SW-846, 
Edition III, to show that the used oil does not contain significant 
concentrations of halogenated hazardous constituents listed in appendix 
VIII of part 261 of this chapter). EPA Publication SW-846, Third 
Edition, is available from the Government Printing Office, 
Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954, 
(202) 512-1800 (document number 955-001-00000-1).
    (A) The rebuttable presumption does not apply to metalworking oils/
fluids containing chlorinated paraffins, if they are processed, through 
a tolling arrangement as described in Sec. 279.24(c), 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.
    (2) Characteristic hazardous waste. Mixtures of used oil and 
hazardous waste that solely exhibits one or more of the hazardous waste 
characteristic identified in subpart C of part 261 of this chapter and 
mixtures of used oil and hazardous waste that is listed in subpart D 
solely because it exhibits one or more of the characteristics of 
hazardous waste identified in subpart C are subject to:
    (i) Except as provided in paragraph (b)(2)(iii) of this section, 
regulation as hazardous waste under parts 260 through 266, 268, 270, and 
124 of this chapter rather than as used oil under this part, if the 
resultant mixture exhibits any characteristics of hazardous waste 
identified in subpart C of part 261 of this chapter; or
    (ii) Except as specified in Sec. 279.10(b)(2)(iii) regulation as 
used oil under this part, if the resultant mixture does not exhibit any 
characteristics of hazardous waste identified under subpart C of part 
261 of this chapter.

[[Page 955]]

    (iii) Regulation as used oil under this part, 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 Sec. 261.21 of this chapter.
    (3) Conditionally exempt small quantity generator hazardous waste. 
Mixtures of used oil and conditionally exempt small quantity generator 
hazardous waste regulated under Sec. 261.5 of this chapter are subject 
to regulation as used oil under this part.
    (c) Materials containing or otherwise contaminated with used oil. 
(1) Except as provided in paragraph (c)(2) of this section, 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 visible signs of free-flowing oil remain in or on the material:
    (i) Are not used oil and thus not subject to this part, and
    (ii) If applicable are subject to the hazardous waste regulations of 
parts 124, 260 through 266, 268, and 270 of this chapter.
    (2) Materials containing or otherwise contaminated with used oil 
that are burned for energy recovery are subject to regulation as used 
oil under this part.
    (3) Used oil drained or removed from materials containing or 
otherwise contaminated with used oil is subject to regulation as used 
oil under this part.
    (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 
part.
    (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 part once the used oil and diesel fuel have been 
mixed. Prior to mixing, the used oil is subject to the requirements of 
subpart C of this part.
    (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 thus are not subject to this part, and
    (ii) Not solid wastes and are thus not subject to the hazardous 
waste regulations of parts 260 through 266, 268, 270, and 124 of this 
chapter as provided in Sec. 261.3(c)(2)(i) of this chapter.
    (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 part.
    (3) Except as provided in paragraph (e)(4) of this section, 
materials derived from used oil that are disposed of or used in a manner 
constituting disposal are:
    (i) Not used oil and thus are not subject to this Part, and
    (ii) Are solid wastes and thus are subject to the hazardous waste 
regulations of parts 260 through 266, 268, 270, and 124 of this chapter 
if the materials are listed or identified as hazardous wastes.
    (4) Used oil re-refining distillation bottoms that are used as 
feedstock to manufacture asphalt products are not subject to this part.
    (f) Wastewater. Wastewater, the discharge of which is subject to 
regulation under either section 402 or section 307(b) of the Clean Water 
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 purposes 
of this paragraph, ``de minimis'' quantities of used oils 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

[[Page 956]]

part. The used oil is subject to the requirements of this part 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 part.
    (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 part 
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 part.
    (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 part only if the used oil meets the specification of 
Sec. 279.11. Prior to insertion into the petroleum refining facility 
process, the used oil is subject to the requirements of this part.
    (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 part. 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 part.
    (h) Used oil on vessels. Used oil produced on vessels from normal 
shipboard operations is not subject to this part until it is transported 
ashore.
    (i) Used oil containing PCBs. In addition to the requirements of 40 
CFR part 279, marketers and burners of used oil who market used oil 
containing any quantifiable level of PCBs are subject to the 
requirements found at 40 CFR 761.20(e).

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993; 59 
FR 10559, Mar. 4, 1994; 59 FR 10559, Mar. 4, 1994; 61 FR 33693, June 28, 
1996]



Sec. 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 part unless it is shown not to exceed any of the 
allowable levels of the constituents and properties in the specification 
shown in Table 1. Once used oil that is to be burned for energy recovery 
has been shown not to exceed any specification and the person making 
that showing complies with Secs. 279.72, 279.73, and 279.74(b), the used 
oil is no longer subject to this part.

 Table 1--Used Oil Not exceeding Any Specification Level Is Not Subject 
            to This Part When Burned for Energy Recovery \1\            
------------------------------------------------------------------------
           Constituent/property                    Allowable level      
------------------------------------------------------------------------
Arsenic...................................  5 ppm maximum.              
Cadmium...................................  2 ppm maximum.              
Chromium..................................  10 ppm maximum.             
Lead......................................  100 ppm maximum.            
Flash point...............................  100  deg.F minimum.         
    Total halogens........................  4,000 ppm maximum.\2\       
                                                                        
Note: Applicable standards for the burning                              
of used oil containing PCBs are imposed by                              
             40 CFR 761.20(e).                                          
                                                                        
------------------------------------------------------------------------
\1\ The specification does not apply to mixtures of used oil and        
  hazardous waste that continue to be regulated as hazardous waste (see 
  Sec.  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 Sec.  279.10(b)(1). Such used oil is subject to subpart H of    
  part 266 of this chapter rather than this part when burned for energy 
  recovery unless the presumption of mixing can be successfully         
  rebutted.                                                             


[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993]



Sec. 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 parts 264 or 265 of this chapter.

[[Page 957]]

    (b) Use as a dust suppressant. The use of used oil as a dust 
suppressant is prohibited, except when such activity takes place in one 
of the states listed in Sec. 279.82(c).
    (c) Burning in particular units. Off-specification used oil fuel may 
be burned for energy recovery in only the following devices:
    (1) Industrial furnaces identified in Sec. 260.10 of this chapter;
    (2) Boilers, as defined in Sec. 260.10 of this chapter, 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 provided that the burner meets 
the provisions of Sec. 279.23.
    (3) Hazardous waste incinerators subject to regulation under subpart 
O of parts 264 or 265 of this chapter.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993]



              Subpart C--Standards for Used Oil Generators



Sec. 279.20  Applicability.

    (a) General. Except as provided in paragraphs (a)(1) through (a)(4) 
of this section, this subpart 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 first causes used oil to become subject to regulation.
    (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 
subpart. For purposes of this subpart, 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 and the 
person(s) removing or accepting used oil from the vessel are co-
generators of the used oil and are both responsible for managing the 
waste in compliance with this subpart once the used oil is transported 
ashore. The co-genenerators may decide among them which party will 
fulfill the requirements of this subpart.
    (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 vehicles are 
not subject to this part once the used oil and diesel fuel have been 
mixed. Prior to mixing, the used oil fuel is subject to the requirements 
of this subpart.
    (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 Sec. 279.24 (a) and (b), must also comply with 
subpart E of this part.
    (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 
subpart F of this part.
    (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 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

[[Page 958]]

in order to remove excessive oil to the extent possible pursuant to 
Sec. 279.10(c); or
    (E) Filtering, separating or otherwise reconditioning used oil 
before burning it in a space heater pursuant to Sec. 279.23.
    (3) Generators who burn off-specification used oil for energy 
recovery, except under the on-site space heater provisions of 
Sec. 279.23, must also comply with subpart G of this part.
    (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 Sec. 279.11 must also comply with subpart H 
of this part.
    (5) Generators who dispose of used oil, including the use of used 
oil as a dust suppressant, must also comply with subpart I of this part.

[57 FR 41612, Sept. 10, 1992, as amended at 59 FR 10560, Mar. 4, 1994]



Sec. 279.21  Hazardous waste mixing.

    (a) Mixtures of used oil and hazardous waste must be managed in 
accordance with Sec. 279.10(b).
    (b) The rebuttable presumption for used oil of Sec. 279.10(b)(1)(ii) 
applies to used oil managed by generators. Under the rebuttable 
presumption for used oil of Sec. 279.10(b)(1)(ii), used oil containing 
greater 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 rebutted. However, the rebuttable presumption 
does not apply to certain metalworking oils/fluids and certain used oils 
removed from refrigeration units.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993]



Sec. 279.22  Used oil storage.

    Used oil generators are subject to all applicable Spill Prevention, 
Control and Countermeasures (40 CFR part 112) in addition to the 
requirements of this Subpart. Used oil generators are also subject to 
the Underground Storage Tank (40 CFR part 280) 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 subpart.
    (a) Storage units. Used oil generators shall not store used oil in 
units other than tanks, containers, or units subject to regulation under 
parts 264 or 265 of this chapter.
    (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 labeled or marked clearly with the 
words ``Used Oil.''
    (d) Response to releases. Upon detection of a release of used oil to 
the environment not subject to the requirements of part 280, subpart F 
of this chapter which has occurred after the effective date of the 
authorized used oil program for 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 to prevent future releases, repair or replace any 
leaking used oil storage containers or tanks prior to returning them to 
service.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993]



Sec. 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

[[Page 959]]

    (c) The combustion gases from the heater are vented to the ambient 
air.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993]



Sec. 279.24   Off-site shipments.

    Except as provided in paragraphs (a) through (c) of this section, 
generators must ensure 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 
center 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 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/municipal 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 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 arrangement'') 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.



  Subpart D--Standards for Used Oil Collection Centers and Aggregation 
                                 Points



Sec. 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/aggregates and 
stores used oil collected only 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 subpart C of this part.



Sec. 279.31  Used oil collection centers.

    (a) Applicability. This section applies to owners or operators of 
used oil collection centers. A used oil collection center is any site or 
facility that accepts/aggregates and stores used oil collected from used 
oil generators regulated under subpart C of this part who bring used oil 
to the collection center in shipments of no more than 55 gallons under 
the provisions of Sec. 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 subpart C of this part; 
and
    (2) Be registered/licensed/permitted/recognized by a state/county/
municipal government to manage used oil.



Sec. 279.32  Used oil aggregation points owned by the generator.

    (a) Applicability. This section applies to owners or operators of 
all used oil

[[Page 960]]

aggregation points. A used oil aggregation point is 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 under the 
provisions of Sec. 279.24(b). Used oil aggregation points may also 
accept used oil from household do-it-yourselfers.
    (b) Used oil aggregation point requirements. Owners or operators of 
all used oil aggregation points must comply with the generator standards 
in subpart C of this part.



  Subpart E--Standards for Used Oil Transporter and Transfer Facilities



Sec. 279.40  Applicability.

    (a) General. Except as provided in paragraphs (a)(1) through (a)(4) 
of this section, this subpart 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 subpart does not apply to on-site transportation.
    (2) This subpart does not apply to generators who transport 
shipments of used oil totalling 55 gallons or less from the generator to 
a used oil collection center as specified in Sec. 279.24(a).
    (3) This subpart does not apply to generators who transport 
shipments of used oil totalling 55 gallons or less from the generator to 
a used oil aggregation point owned or operated by the same generator as 
specified in Sec. 279.24(b).
    (4) This subpart 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 part. Except as provided in 
paragraphs (a)(1) through (a)(3) of this section, this subpart does, 
however, 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 subpart 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 
previously used to transport hazardous waste are emptied as described in 
Sec. 261.7 of this chapter 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 
Sec. 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 part as indicated in paragraphs (d)(1) through (5) of this 
section:
    (1) Transporters who generate used oil must also comply with subpart 
C of this part;
    (2) Transporters who process or re-refine used oil, except as 
provided in Sec. 279.41, must also comply with subpart F of this part;
    (3) Transporters who burn off-specification used oil for energy 
recovery must also comply with subpart G of this part;
    (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 
specifications set forth in Sec. 279.11 must also comply with subpart H 
of this part; and
    (5) Transporters who dispose of used oil, including the use of used 
oil as a dust suppressant, must also comply with subpart I of this part.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993]



Sec. 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 purposes of transportation. However, except as provided in 
paragraph (b) of

[[Page 961]]

this section, used oil transporters may not process used oil unless they 
also comply with the requirements for processors/re-refiners in subpart 
F of this part.
    (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 processor/re-refiner requirements in subpart F of 
this part.
    (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 subpart F of 
this part.

[57 FR 41612, Sept. 10, 1992, as amended at 59 FR 10560, Mar. 4, 1994]



Sec. 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.
    (b) Mechanics of notification. A used oil transporter who has not 
received an EPA identification number may obtain one by notifying the 
Regional Administrator of their used oil activity by submitting either:
    (1) A completed EPA Form 8700-12 (To obtain ordering information for 
EPA Form 8700-12 call RCRA/Superfund Hotline at 1-800-424-9346 or 703-
920-9810); or
    (2) A letter requesting an EPA identification number.

Call RCRA/Superfund Hotline to determine where to send a letter 
requesting an EPA identification number. The letter should include the 
following information:
    (i) Transporter company name;
    (ii) Owner of the transporter company;
    (iii) Mailing address for the transporter;
    (iv) Name and telephone number for the transporter point of contact;
    (v) Type of transport activity (i.e., transport only, transport and 
transfer facility, transfer facility only);
    (vi) Location of all transfer facilities at which used oil is 
stored;
    (vii) Name and telephone number for a contact at each transfer 
facility.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993; 58 
FR 33342, June 17, 1993]



Sec. 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/re-refining facility who has obtained an 
EPA identification number;
    (3) An off-specification used oil burner facility who has obtained 
an EPA identification number; or
    (4) An on-specification used oil burner facility.
    (b) DOT Requirements. Used oil transporters must comply with all 
applicable requirements under the U.S. Department of Transportation 
regulations in 49 CFR parts 171 through 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 through 
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 or 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 notice, if required by 49 CFR 171.15 to the National 
Response Center (800-424-8802 or 202-426-2675); and

[[Page 962]]

    (ii) 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) A water transporter who has discharged used oil must give notice 
as required by 33 CFR 153.203.
    (5) A transporter must clean up any used oil discharged 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.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993]



Sec. 279.44  Rebuttable presumption for used oil.

    (a) To ensure that used oil is not a hazardous waste under the 
rebuttable presumption of Sec. 279.10(b)(1)(ii), the used oil 
transporter must determine whether the total halogen content of used oil 
being transporter 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 subpart D of part 
261 of this chapter. The owner or operator may rebut the presumption by 
demonstrating that the used oil does not contain hazardous waste (for 
example, by using an analytical method from SW-846, Edition III, to show 
that the used oil does not contain significant concentrations of 
halogenated hazardous constituents listed in Appendix VIII of part 261 
of this chapter). EPA Publication SW-846, Third Edition, is available 
from the Government Printing Office, Superintendent of Documents, PO Box 
371954, Pittsburgh, PA 15250-7954. (202) 512-1800 (document number 955-
001-00000-1).
    (1) The rebuttable presumption does not apply to metalworking oils/
fluids containing chlorinated paraffins, if they are processed, through 
a tolling arrangement as described in Sec. 279.24(c), 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.
    (2) The rebuttable presumption does not apply to used oils 
contaminated with chlorofluorocarbons (CFCs) removed from refrigeration 
units if the CFC 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) of this section must be 
maintained by the transporter for at least 3 years.

[57 FR 41612, Sept. 10, 1992, as amended at 59 FR 10560, Mar. 4, 1994]



Sec. 279.45  Used oil storage at transfer facilities.

    Used oil transporters are subject to all applicable Spill 
Prevention, Control and Countermeasures (40 CFR part 112) in addition to 
the requirements of this subpart. Used oil transporters are also subject 
to the Underground Storage Tank (40 CFR part 280) 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 subpart.
    (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 shipments 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 subpart F of this chapter.
    (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 parts 264 or 265 of this chapter.

[[Page 963]]

    (c) Condition of units. Containers and aboveground tanks used to 
store used oil at transfer 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, at a minimum:
    (i) Dikes, berms or retaining walls; and
    (ii) A floor. The floor must cover the entire area within the dikes, 
berms, 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, at a minimum:
    (i) Dikes, berms or retaining walls; and
    (ii) A floor. The floor must cover the entire area within the dike, 
berm, or retaining wall 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, at a minimum:
    (i) Dikes, berms or retaining walls; and
    (ii) A floor. The floor must cover the entire area within the dike, 
berm, or retaining wall; 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 labeled or marked clearly with the 
words ``Used Oil.''
    (h) Response to releases. Upon detection of a release of used oil to 
the environment not subject to the requirements of part 280 subpart F 
which has occurred after the effective date of the authorized used oil 
program for 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 release 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.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993]



Sec. 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;

[[Page 964]]

    (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;
    (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) of this section 
for each shipment of used oil exported to any foreign country.
    (d) Record retention. The records described in paragraphs (a), (b), 
and (c) of this section must be maintained for at least three years.

[57 FR 41612, Sept. 10, 1992, as amended at 59 FR 10560, Mar. 4, 1994]



Sec. 279.47  Management of residues.

    Transporters who generate residues from the storage or transport of 
used oil must manage the residues as specified in Sec. 279.10(e).



      Subpart F--Standards for Used Oil Processors and Re-Refiners



Sec. 279.50  Applicability.

    (a) The requirements of this subpart 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 subpart 
do not apply to:
    (1) Transporters that conduct incidental processing operations that 
occur during the normal course of transportation as provided in 
Sec. 279.41; or
    (2) Burners that conduct incidental processing operations that occur 
during the normal course of used oil management prior to burning as 
provided in Sec. 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) of this section.
    (1) Processors/re-refiners who generate used oil must also comply 
with subpart C of this part;
    (2) Processors/re-refiners who transport used oil must also comply 
with subpart E of this part;
    (3) Except as provided in paragraphs (b)(3)(i) and (b)(3)(ii) of 
this section, processors/re-refiners who burn off-specification used oil 
for energy recovery must also comply with subpart G of this part. 
Processor/re-refiners burning used oil for energy recovery under the 
following conditions are not subject to subpart G of this part:
    (i) The used oil is burned in an on-site space heater that meets the 
requirements of Sec. 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 Sec. 279.11 must also comply with 
subpart H of this part; and
    (5) Processors/re-refiners who dispose of used oil, including the 
use of used oil

[[Page 965]]

as a dust suppressant, also must comply with subpart I of this part.



Sec. 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.
    (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 Regional Administrator of their used oil activity by 
submitting either:
    (1) A completed EPA Form 8700-12 (To obtain EPA Form 8700-12 call 
RCRA/Superfund Hotline at 1-800-424-9346 or 703-920-9810); or
    (2) A letter requesting an EPA identification number.
    Call RCRA/Superfund Hotline to determine where to send a letter 
requesting an EPA identification number. The letter should include the 
following information:
    (i) Processor or re-refiner company name;
    (ii) Owner of the processor or re-refiner company;
    (iii) Mailing address for the processor or re-refiner;
    (iv) Name and telephone number for the processor or re-refiner point 
of contact;
    (v) Type of used oil activity (i.e., process only, process and re-
refine);
    (vi) Location of the processor or re-refiner facility.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 33342, June 17, 1993]



Sec. 279.52  General facility standards.

    (a) Preparedness and prevention. Owners and operators of used oil 
processors and re-refiners 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 handled at the 
facility could require a particular kind of equipment specified in 
paragraphs (a)(2)(i) through (iv) of this section:
    (i) An internal communications or alarm system capable of providing 
immediate emergency instruction (voice or signal) to facility 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 water 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 communication 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 premises while the 
facility is operating, the 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

[[Page 966]]

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 the 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 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 processors and re-refiners 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 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 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 or 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 
part 112 of this chapter, or part 1510 of chapter V of this title, or 
some other emergency or contingency plan, the owner or operator need 
only amend that plan to incorporate used oil management provisions that 
are sufficient to comply with the requirements of this part.
    (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) of this section.
    (iv) The plan must list names, addresses, and phone numbers (office 
and home) of all persons qualified to act as emergency coordinator (see 
paragraph (b)(5) 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.
    (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

[[Page 967]]

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 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 characteristic of used oil 
handled, the location of all records within the facility, and 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) of this section. 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 the 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 a real extent of any released materials. He may do this by 
observation or review of facility records of manifests and, if 
necessary, by chemical analysts.
    (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-offs from 
water of 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 indicated 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 the 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;

[[Page 968]]

    (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 or hazardous 
waste at the facility. These measures must include, where applicable, 
stopping processes and operation, collecting and containing released 
used oil, and removing or isolating containers.
    (vi) If the facility stops operation 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 recycling, 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 recycled, 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 Regional Administrator, 
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 Regional Administrator. 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;
    (G) Estimated quantity and disposition of recovered material that 
resulted from the incident.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993]



Sec. 279.53  Rebuttable presumption for used oil.

    (a) To ensure that used oil managed at a processing/re-refining 
facility is not hazardous waste under the rebuttable presumption of 
Sec. 279.10(b)(1)(ii), the owner or operator of a used oil processing/
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 subpart D of part 
261 of this chapter. The owner or operator may rebut the presumption by 
demonstrating that the used oil does not contain hazardous waste (for 
example, by using an analytical method from SW-846, Edition III, to show 
that the used oil does not contain significant concentrations of 
halogenated hazardous constituents listed in appendix VIII of part 261 
of this chapter). EPA Publication SW-846, Third Edition, is available 
from the Government Printing Office, Superintendent of Documents, P.O. 
Box 371954, Pittsburgh PA 15250-7954, (202) 512-1800 (document number 
955-001-00000-1).

[[Page 969]]

    (1) 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.
    (2) 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.

[57 FR 41612, Sept. 10, 1992, as amended at 59 FR 10560, Mar. 4, 1994]



Sec. 279.54  Used oil management.

    Used oil processor/re-refiners are subject to all applicable Spill 
Prevention, Control and Countermeasures (40 CFR part 112) in addition to 
the requirements of this subpart. Used oil processors/re-refiners are 
also subject to the Underground Storage Tank (40 CFR part 280) 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 subpart.
    (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 part 264 or 265 of this chapter.
    (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, at a minimum:
    (i) Dikes, berms or retaining walls; and
    (ii) A floor. The floor must cover the entire area within the dike, 
berm, or retaining wall; or
    (iii) An equivalent secondary containment system.
    (2) The entire containment system, including walls and floor, 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, at a minimum:
    (i) Dikes, berms or retaining walls; and
    (ii) A floor. The floor must cover the entire area within the dike, 
berm, or retaining wall 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 floor, 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, at a minimum:
    (i) Dikes, berms or retaining walls; and
    (ii) A floor. The floor must cover the entire area within the dike, 
berm, or retaining wall; or
    (iii) An equivalent secondary containment system.
    (2) The entire containment system, including walls and floor, 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.

[[Page 970]]

    (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 labeled or marked 
clearly 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 part 280, subpart F 
of this chapter which has occurred after the effective date of the 
authorized used oil program for 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 mange 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 hazardous waste, unless 
the materials are not hazardous waste under this chapter.
    (ii) If the owner or operator demonstrates that not all contaminated 
soils can be practicably removed or decontaminated as required in 
paragraph (h)(1)(i) 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 hazardous 
waste landfills (Sec. 265.310 of this chapter).
    (2) Containers. Owners and operators who store 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 
waste under part 261 of this chapter.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993]



Sec. 279.55  Analysis plan.

    Owners or operators of used oil processing and re-refining 
facilities must develop and follow a written analysis plan describing 
the procedures that will be used to comply with the analysis 
requirements of Sec. 279.53 and, if applicable, Sec. 279.72. The owner 
or operator must keep the plan at the facility.
    (a) Rebuttable presumption for used oil in Sec. 279.53. At at 
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 in appendix I of part 261 of this 
chapter; or
    (B) A method shown to be equivalent under Secs. 260.20 and 260.21 of 
this chapter;
    (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 Sec. 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 Sec. 279.72. At a minimum, the 
plan must specify the following if Sec. 279.72 is applicable:

[[Page 971]]

    (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 in appendix I of part 261 of this 
chapter; or
    (B) A method shown to be equivalent under Sec. 260.20 and 260.21 of 
this chapter;
    (ii) Whether used oil will be sampled and analyzed prior to or after 
any processing/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 Sec. 279.72; and
    (3) The type of information that will be used to make the on-
specification used oil fuel determination.



Sec. 279.56  Tracking.

    (a) Acceptance. Used oil processors/re-refiners must keep a record 
of each used oil shipment accepted for processing/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 who delivered the used 
oil to the processor/re-refiner;
    (2) The name and address of the generator or processor/re-refining 
from whom the used oil was sent 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 sent for processing/
re-refining;
    (5) The quantity of used oil accepted; and
    (6) The date of acceptance.
    (b) Delivery. Used oil processor/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 who 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 who will receive the used oil;
    (5) The quantity of used oil shipped; and
    (6) The date of shipment.
    (c) Record retention. The records described in paragraphs (a) and 
(b) of this section must be maintained for at least three years.



Sec. 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 required under Sec. 279.55; and
    (ii) Summary reports and details of all incidents that require 
implementation of the contingency plan an specified in Sec. 279.52(b).
    (b) Reporting. A used oil processor/re-refiner must report to the 
Regional Administrator, in the form of a letter, on a biennial basis (by 
March 1 of each even numbered 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/re-refining 
and the

[[Page 972]]

manner in which the used oil is processed/re-refined, including the 
specific processes employed.



Sec. 279.58  Off-site shipments of used oil.

    Used oil processors/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.



Sec. 279.59  Management of residues.

    Owners and operators who generate residues from the storage, 
processing, or re-fining of used oil must manage the residues as 
specified in Sec. 279.10(e).



  Subpart G--Standards for Used Oil Burners Who Burn Off-Specification 
                      Used Oil for Energy Recovery



Sec. 279.60  Applicability.

    (a) General. The requirements of this subpart apply to used oil 
burners except as specified in paragraphs (a)(1) and (a)(2) of this 
section. A used oil burner is a facility where used oil not meeting the 
specification requirements in Sec. 279.11 is burned for energy recovery 
in devices identified in Sec. 279.61(a). Facilities burning used oil for 
energy recovery under the following conditions are not subject to this 
Subpart:
    (1) The used oil is burned by the generator in an on-site space 
heater under the provisions of Sec. 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 below.
    (1) Burners who generate used oil must also comply with subpart C of 
this part;
    (2) Burners who transport used oil must also comply with subpart E 
of this part;
    (3) Except as provided in Sec. 279.61(b), burners who process or re-
refine used oil must also comply with subpart F of this part;
    (4) Burners 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 Sec. 279.11 must also comply with subpart H of this part; 
and
    (5) Burners who dispose of used oil, including the use of used oil 
as a dust suppressant, must comply with subpart I of this part.
    (c) Specification fuel. This subpart does not apply to persons 
burning used oil that meets the used oil fuel specification of 
Sec. 279.11, provided that the burner complies with the requirements of 
subpart H of this part.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993]



Sec. 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 Sec. 260.10 of this chapter;
    (2) Boilers, as defined in Sec. 260.10 of this chapter, 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 provided that the burner meets 
the provisions of Sec. 279.23; or
    (3) Hazardous waste incinerators subject to regulation under subpart 
O of parts 264 or 265 of this chapter.
    (b)(1) With the following exception, used oil burners may not 
process used oil unless they also comply with the requirements of 
subpart F of this part.
    (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.



Sec. 279.62  Notification

    (a) Identification numbers. Used oil burners which have not 
previously

[[Page 973]]

complied with the notification requirements of RCRA section 3010 must 
comply with these requirements and obtain an EPA identification number.
    (b) Mechanics of notification. A used oil burner who has not 
received an EPA identification number may obtain one by notifying the 
Regional Administrator of their used oil activity by submitting either:
    (1) A completed EPA Form 8700-12 (To obtain EPA Form 8700-12 call 
RCRA/Superfund Hotline at 1-800-424-9346 or 703-920-9810); or
    (2) A letter requesting an EPA identification number. Call the RCRA/
Superfund Hotline to determine where to send a letter requesting an EPA 
identification number. The letter should include the following 
information:
    (i) Burner company name;
    (ii) Owner of the burner company;
    (iii) Mailing address for the burner;
    (iv) Name and telephone number for the burner point of contact;
    (v) Type of used oil activity; and
    (vi) Location of the burner facility.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 33342, June 17, 1993]



Sec. 279.63  Rebuttable presumption for used oil.

    (a) To ensure that used oil managed at a used oil burner facility is 
not hazardous waste under the rebuttable presumption of 
Sec. 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 determine if the used oil contains 
above or below 1,000 ppm total halogens by:
    (1) Testing the used oil;
    (2) Applying knowledge of the halogen content of the used oil in 
light of the materials or processes used; or
    (3) If the used oil has been received from a processor/refiner 
subject to regulation under subpart F of this part, 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 subpart D of part 
261 of this chapter. The owner or operator may rebut the presumption by 
demonstrating that the used oil does not contain hazardous waste (for 
example, by using an analytical method from SW-846, Edition III, to show 
that the used oil does not contain significant concentrations of 
halogenated hazardous constituents listed in appendix VIII of part 261 
of this chapter). EPA Publication SW-846, Third Edition, is available 
from the Government Printing Office, Superintendent of Documents, PO Box 
371954, Pittsburgh, PA 15250-7954. 202-512-1800 (document number 955-
001-00000-1).
    (1) The rebuttable presumption does not apply to metalworking oils/
fluids containing chlorinated paraffins, if they are processed, through 
a tolling arrangement as described in Sec. 279.24(c), 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.
    (2) 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.
    (d) Record retention. Records of analyses conducted or information 
used to comply with paragraphs (a), (b), and (c) of this section must be 
maintained by the burner for at least 3 years.

[57 FR 41612, Sept. 10, 1992, as amended at 59 FR 10560, Mar. 4, 1994]



Sec. 279.64  Used oil storage.

    Used oil burners are subject to all applicable Spill Prevention, 
Control and Countermeasures (40 CFR part 112) in addition to the 
requirements of this subpart. Used oil burners are also subject to the 
Underground Storage Tank (40 CFR part 280) 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 subpart.
    (a) Storage units. Used oil burners may not store used oil in units 
other

[[Page 974]]

than tanks, containers, or units subject to regulation under parts 264 
or 265 of this chapter.
    (b) Condition of units. Containers and aboveground tanks used to 
store 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, at a minimum:
    (i) Dikes, berms or retaining walls; and
    (ii) A floor. The floor must cover the entire area within the dike, 
berm, or retaining wall.
    (2) The entire containment system, including walls and floor, 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 used oil at burner facilities must be 
equipped with a secondary containment system.
    (1) The secondary containment system must consist of, at a minimum:
    (i) Dikes, berms or retaining walls; and
    (ii) A floor. The floor must cover the entire area within the dike, 
berm, or retaining wall 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 floor, 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. 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, at a minimum:
    (i) Dikes, berms or retaining walls; and
    (ii) A floor. The floor must cover the entire area within the dike, 
berm, or retaining wall; or
    (iii) An equivalent secondary containment system.
    (2) The entire containment system, including walls and floor, 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 labeled or marked clearly 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 part 280 subpart F 
which has occurred after the effective date of the authorized used oil 
program for the State in which the release is located, a burner 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.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993]



Sec. 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 who delivered the used 
oil to the burner;
    (2) The name and address of the generator or processor/re-refiner 
from

[[Page 975]]

whom the used oil was sent to the burner;
    (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 sent to the burner;
    (5) The quantity of used oil accepted; and
    (6) The date of acceptance.
    (b) Record retention. The records described in paragraph (a) of this 
section must be maintained for at least three years.



Sec. 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 EPA stating the location and general 
description of his used oil management activities; and
    (2) The burner will burn the used oil only in an industrial furnace 
or boiler identified in Sec. 279.61(a).
    (b) Certification retention. The certification described in 
paragraph (a) of this section must be maintained for three years from 
the date the burner last receives shipment of off-specification used oil 
from that generator, transporter, or processor/re-refiner.



Sec. 279.67  Management of residues.

    Burners who generate residues from the storage or burning of used 
oil must manage the residues as specified in Sec. 279.10(e).



             Subpart H-Standards for Used Oil Fuel Marketers



Sec. 279.70  Applicability.

    (a) Any person who conducts either of the following activities is 
subject to the requirements of this subpart:
    (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 
Sec. 279.11.
    (b) The following persons are not marketers subject to this subpart:
    (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/re-refiners who burn some used 
oil fuel for purposes of processing are considered to be burning 
incidentally to processing. Thus, generators and transporters who direct 
shipments of off-specification used oil to processor/re-refiners who 
incidently burn used oil are not marketers subject to this Subpart;
    (2) Persons who direct shipments of on-specification used oil and 
who are not the first person to claim the oil meets the used oil fuel 
specifications of Sec. 279.11.
    (c) Any person subject to the requirements of this Subpart must also 
comply with one of the following:
    (1) Subpart C of this part--Standards for Used Oil Generators;
    (2) Subpart E of this part--Standards for Used Oil Transporters and 
Transfer Facilities;
    (3) Subpart F of this part--Standards for Used Oil Processors and 
Re-refiners; or
    (4) Subpart G of this part--Standards for Used Oil Burners who Burn 
Off-Specification Used Oil for Energy Recovery.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993]



Sec. 279.71  Prohibitions.

    A used oil fuel marketer may initiate a shipment of off-
specification used oil 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 Sec. 279.61(a).



Sec. 279.72  On-specification used oil fuel.

    (a) Analysis of used oil fuel. A generator, transporter, processor/
re-refiner, or burner may determine that used oil that is to be burned 
for energy recovery meets the fuel specifications of

[[Page 976]]

Sec. 279.11 by performing analyses or obtaining copies of analyses or 
other information documenting that the used oil fuel meets the 
specifications.
    (b) Record 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 specifications for used oil fuel under 
Sec. 279.11, must keep copies of analyses of the used oil (or other 
information used to make the determination) for three years.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993]



Sec. 279.73  Notification.

    (a) Identification numbers. A used oil fuel marketer subject to the 
requirements of this subpart who has not previously complied with the 
notification requirements of RCRA section 3010 must comply with these 
requirements and obtain an EPA identification number.
    (b) A marketer who has not received an EPA identification number may 
obtain one by notifying the Regional Administrator of their used oil 
activity by submitting either:
    (1) A completed EPA Form 8700-12; or
    (2) A letter requesting an EPA identification number. The letter 
should include the following information:
    (i) Marketer company name;
    (ii) Owner of the marketer;
    (iii) Mailing address for the marketer;
    (iv) Name and telephone number for the marketer point of contact; 
and
    (v) Type of used oil activity (i.e., generator directing shipments 
of off-specification used oil to a burner).

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 33342, June 17, 1993]



Sec. 279.74  Tracking.

    (a) Off-specification used oil delivery. Any used oil 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; and
    (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 fuel specifications under 
Sec. 279.11 must keep a record of each shipment of used oil to an on-
specification used oil burner. 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 Sec. 279.72(a).
    (c) Record retention. The records described in paragraphs (a) and 
(b) of this section must be maintained for at least three years.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993]



Sec. 279.75  Notices.

    (a) Certification. Before a used oil generator, transporter, or 
processor/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 EPA stating the location and general 
description of used oil management activities; and
    (2) The burner will burn the off-specification used oil only in an 
industrial furnace or boiler identified in Sec. 279.61(a).
    (b) Certification retention. The certification described in 
paragraph (a) of

[[Page 977]]

this section must be maintained for three years from the date the last 
shipment of off-specification used oil is shipped to the burner.



Subpart I--Standards for Use as a Dust Suppressant and Disposal of Used 
                                   Oil



Sec. 279.80  Applicability.

    The requirements of this subpart apply to all used oils that cannot 
be recycled and are therefore being disposed.



Sec. 279.81  Disposal.

    (a) Disposal of hazardous used oils. Used oils that are identified 
as a hazardous waste and cannot be recycled in accordance with this part 
must be managed in accordance with the hazardous waste management 
requirements of parts 260 through 266, 268, 270 and 124 of this chapter.
    (b) Disposal of nonhazardous used oils. Used oils that are not 
hazardous wastes and cannot be recycled under this part must be disposed 
in accordance with the requirements of parts 257 and 258 of this 
chapter.



Sec. 279.82  Use as a dust suppressant.

    (a) The use of used oil as a dust suppressant is prohibited, except 
when such activity takes place in one of the states listed in paragraph 
(c) of this section.
    (b) A State may petition (e.g., as part of its authorization 
petition submitted to EPA under Sec. 271.5 of this chapter or by a 
separate submission) EPA to allow the use of used oil (that is not mixed 
with hazardous waste and does not exhibit a characteristic other than 
ignitability) as a dust suppressant. The State must show that it has a 
program in place to prevent the use of used oil/hazardous waste mixtures 
or used oil exhibiting a characteristic other than ignitability as a 
dust suppressant. In addition, such programs must minimize the impacts 
of use as a dust suppressant on the environment.
    (c) List of States. [Reserved]



PART 280--TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST)--Table of Contents




            Subpart A--Program Scope and Interim Prohibition

Sec.
280.10  Applicability.
280.11  Interim prohibition for deferred UST systems.
280.12  Definitions.

     Subpart B--UST Systems: Design, Construction, Installation and 
                              Notification

280.20  Performance standards for new UST systems.
280.21  Upgrading of existing UST systems.
280.22  Notification requirements.

                Subpart C--General Operating Requirements

280.30  Spill and overfill control.
280.31  Operation and maintenance of corrosion protection.
280.32  Compatibility.
280.33  Repairs allowed.
280.34  Reporting and recordkeeping.

                      Subpart D--Release Detection

280.40  General requirements for all UST systems.
280.41  Requirements for petroleum UST systems.
280.42  Requirements for hazardous substance UST systems.
280.43  Methods of release detection for tanks.
280.44  Methods of release detection for piping.
280.45  Release detection recordkeeping.

      Subpart E--Release Reporting, Investigation, and Confirmation

280.50  Reporting of suspected releases.
280.51  Investigation due to off-site impacts.
280.52  Release investigation and confirmation steps.
280.53  Reporting and cleanup of spills and overfills.

   Subpart F--Release Response and Corrective Action for UST Systems 
              Containing Petroleum or Hazardous Substances

280.60  General.
280.61  Initial response.

[[Page 978]]

280.62  Initial abatement measures and site check.
280.63  Initial site characterization.
280.64  Free product removal.
280.65  Investigations for soil and ground-water cleanup.
280.66  Corrective action plan.
280.67  Public participation.

            Subpart G--Out-of-Service UST Systems and Closure

280.70  Temporary closure.
280.71  Permanent closure and changes-in-service.
280.72  Assessing the site at closure or change-in-service.
280.73  Applicability to previously closed UST systems.
280.74  Closure records.

                   Subpart H--Financial Responsibility

280.90   Applicability.
280.91   Compliance dates.
280.92   Definition of terms.
280.93   Amount and scope of required financial responsibility.
280.94   Allowable mechanisms and combinations of mechanisms.
280.95   Financial test of self-insurance.
280.96   Guarantee.
280.97   Insurance and risk retention group coverage.
280.98   Surety bond.
280.99   Letter of credit.
280.100  Use of state-required mechanism.
280.101  State fund or other state assurance.
280.102  Trust fund.
280.103  Standby trust fund.
280.104  Local government bond rating test.
280.105  Local government financial test.
280.106  Local government guarantee.
280.107  Local government fund.
280.108  Substitution of financial assurance mechanisms by owner or 
          operator.
280.109  Cancellation or nonrenewal by a provider of financial 
          assurance.
280.110  Reporting by owner or operator.
280.111  Recordkeeping.
280.112  Drawing on financial assurance mechanisms.
280.113  Release from the requirements.
280.114  Bankruptcy or other incapacity of owner or operator or provider 
          of financial assurance.
280.115  Replenishment of guarantees, letters of credit, or surety 
          bonds.
280.116  Suspension of enforcement. [Reserved]

                       Subpart I--Lender Liability

280.200  Definitions.
280.210  Participation in management.
280.220  Ownership of an underground storage tank or underground storage 
          tank system or facility or property on which an underground 
          storage tank or underground storage tank system is located.
280.230  Operating an underground storage tank or underground storage 
          tank system.

                         Appendices to Part 280

Appendix I to Part 280--Notification for Underground Storage Tanks 
          (Form)
Appendix II to Part 280--List of Agencies Designated to Receive 
          Notifications
Appendix III to Part 280--Statement for Shipping Tickets and Invoices

    Authority: 42 U.S.C. 6912, 6991, 6991a, 6991b, 6991c, 6991d, 6991e, 
6991f, 6991g, 6991h.

    Source: 53 FR 37194, Sept. 23, 1988, unless otherwise noted.



            Subpart A--Program Scope and Interim Prohibition



Sec. 280.10  Applicability.

    (a) The requirements of this part apply to all owners and operators 
of an UST system as defined in Sec. 280.12 except as otherwise provided 
in paragraphs (b), (c), and (d) of this section. Any UST system listed 
in paragraph (c) of this section must meet the requirements of 
Sec. 280.11.
    (b) The following UST systems are excluded from the requirements of 
this part:
    (1) Any UST system holding hazardous wastes listed or identified 
under Subtitle C of the Solid Waste Disposal Act, or a mixture of such 
hazardous waste and other regulated substances.
    (2) Any wastewater treatment tank system that is part of a 
wastewater treatment facility regulated under section 402 or 307(b) of 
the Clean Water Act.
    (3) Equipment or machinery that contains regulated substances for 
operational purposes such as hydraulic lift tanks and electrical 
equipment tanks.
    (4) Any UST system whose capacity is 110 gallons or less.
    (5) Any UST system that contains a de minimis concentration of 
regulated substances.
    (6) Any emergency spill or overflow containment UST system that is 
expeditiously emptied after use.

[[Page 979]]

    (c) Deferrals. Subparts B, C, D, E, and G do not apply to any of the 
following types of UST systems:
    (1) Wastewater treatment tank systems;
    (2) Any UST systems containing radioactive material that are 
regulated under the Atomic Energy Act of 1954 (42 U.S.C. 2011 and 
following);
    (3) Any UST system that is part of an emergency generator system at 
nuclear power generation facilities regulated by the Nuclear Regulatory 
Commission under 10 CFR part 50, appendix A;
    (4) Airport hydrant fuel distribution systems; and
    (5) UST systems with field-constructed tanks.
    (d) Deferrals. Subpart D does not apply to any UST system that 
stores fuel solely for use by emergency power generators.



Sec. 280.11  Interim prohibition for deferred UST systems.

    (a) No person may install an UST system listed in Sec. 280.10(c) for 
the purpose of storing regulated substances unless the UST system 
(whether of single- or double-wall construction):
    (1) Will prevent releases due to corrosion or structural failure for 
the operational life of the UST system;
    (2) Is cathodically protected against corrosion, constructed of 
noncorrodible material, steel clad with a noncorrodible material, or 
designed in a manner to prevent the release or threatened release of any 
stored substance; and
    (3) Is constructed or lined with material that is compatible with 
the stored substance.
    (b) Notwithstanding paragraph (a) of this section, an UST system 
without corrosion protection may be installed at a site that is 
determined by a corrosion expert not to be corrosive enough to cause it 
to have a release due to corrosion during its operating life. Owners and 
operators must maintain records that demonstrate compliance with the 
requirements of this paragraph for the remaining life of the tank.

    Note: The National Association of Corrosion Engineers Standard RP-
02-85, ``Control of External Corrosion on Metallic Buried, Partially 
Buried, or Submerged Liquid Storage Systems,'' may be used as guidance 
for complying with paragraph (b) of this section.



Sec. 280.12  Definitions.

    Aboveground release means any release to the surface of the land or 
to surface water. This includes, but is not limited to, releases from 
the above-ground portion of an UST system and aboveground releases 
associated with overfills and transfer operations as the regulated 
substance moves to or from an UST system.
    Ancillary equipment means any devices including, but not limited to, 
such devices as piping, fittings, flanges, valves, and pumps used to 
distribute, meter, or control the flow of regulated substances to and 
from an UST.
    Belowground release means any release to the subsurface of the land 
and to ground water. This includes, but is not limited to, releases from 
the belowground portions of an underground storage tank system and 
belowground releases associated with overfills and transfer operations 
as the regulated substance moves to or from an underground storage tank.
    Beneath the surface of the ground means beneath the ground surface 
or otherwise covered with earthen materials.
    Cathodic protection is a technique to prevent corrosion of a metal 
surface by making that surface the cathode of an electrochemical cell. 
For example, a tank system can be cathodically protected through the 
application of either galvanic anodes or impressed current.
    Cathodic protection tester means a person who can demonstrate an 
understanding of the principles and measurements of all common types of 
cathodic protection systems as applied to buried or submerged metal 
piping and tank systems. At a minimum, such persons must have education 
and experience in soil resistivity, stray current, structure-to-soil 
potential, and component electrical isolation measurements of buried 
metal piping and tank systems.
    CERCLA means the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980, as amended.
    Compatible means the ability of two or more substances to maintain 
their respective physical and chemical properties upon contact with one 
another for the design life of the tank system

[[Page 980]]

under conditions likely to be encountered in the UST.
    Connected piping means all underground piping including valves, 
elbows, joints, flanges, and flexible connectors attached to a tank 
system through which regulated substances flow. For the purpose of 
determining how much piping is connected to any individual UST system, 
the piping that joins two UST systems should be allocated equally 
between them.
    Consumptive use with respect to heating oil means consumed on the 
premises.
    Corrosion expert means a person who, by reason of thorough 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 accredited or certified as being qualified by the 
National Association of Corrosion Engineers or be a registered 
professional engineer who has certification or licensing that includes 
education and experience in corrosion control of buried or submerged 
metal piping systems and metal tanks.
    Dielectric material means a material that does not conduct direct 
electrical current. Dielectric coatings are used to electrically isolate 
UST systems from the surrounding soils. Dielectric bushings are used to 
electrically isolate portions of the UST system (e.g., tank from 
piping).
    Electrical equipment means underground equipment that contains 
dielectric fluid that is necessary for the operation of equipment such 
as transformers and buried electrical cable.
    Excavation zone means the volume containing the tank system and 
backfill material bounded by the ground surface, walls, and floor of the 
pit and trenches into which the UST system is placed at the time of 
installation.
    Existing tank system means a tank system used to contain an 
accumulation of regulated substances or for which installation has 
commenced on or before December 22, 1988. Installation is considered to 
have commenced if:
    (a) 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,
    (b)(1) Either 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 cancelled or modified without substantial loss--for 
physical construction at the site or installation of the tank system to 
be completed within a reasonable time.
    Farm tank is a tank located on a tract of land devoted to the 
production of crops or raising animals, including fish, and associated 
residences and improvements. A farm tank must be located on the farm 
property. ``Farm'' includes fish hatcheries, rangeland and nurseries 
with growing operations.
    Flow-through process tank is a tank that forms an integral part of a 
production process through which there is a steady, variable, recurring, 
or intermittent flow of materials during the operation of the process. 
Flow-through process tanks do not include tanks used for the storage of 
materials prior to their introduction into the production process or for 
the storage of finished products or by-products from the production 
process.
    Free product refers to a regulated substance that is present as a 
non-aqueous phase liquid (e.g., liquid not dissolved in water.)
    Gathering lines means any pipeline, equipment, facility, or building 
used in the transportation of oil or gas during oil or gas production or 
gathering operations.
    Hazardous substance UST system means an underground storage tank 
system that contains a hazardous substance defined in section 101(14) of 
the Comprehensive Environmental Response, Compensation and Liability Act 
of 1980 (but not including any substance regulated as a hazardous waste 
under subtitle C) or any mixture of such substances and petroleum, and 
which is not a petroleum UST system.
    Heating oil means petroleum that is No. 1, No. 2, No. 4--light, No. 
4--heavy, No. 5--light, No. 5--heavy, and No. 6

[[Page 981]]

technical grades of fuel oil; other residual fuel oils (including Navy 
Special Fuel Oil and Bunker C); and other fuels when used as substitutes 
for one of these fuel oils. Heating oil is typically used in the 
operation of heating equipment, boilers, or furnaces.
    Hydraulic lift tank means a tank holding hydraulic fluid for a 
closed-loop mechanical system that uses compressed air or hydraulic 
fluid to operate lifts, elevators, and other similar devices.
    Implementing agency means EPA, or, in the case of a state with a 
program approved under section 9004 (or pursuant to a memorandum of 
agreement with EPA), the designated state or local agency responsible 
for carrying out an approved UST program.
    Liquid trap means sumps, well cellars, and other traps used in 
association with oil and gas production, gathering, and extraction 
operations (including gas production plants), for the purpose of 
collecting oil, water, and other liquids. These liquid traps may 
temporarily collect liquids for subsequent disposition or reinjection 
into a production or pipeline stream, or may collect and separate 
liquids from a gas stream.
    Maintenance means the normal operational upkeep to prevent an 
underground storage tank system from releasing product.
    Motor fuel means petroleum or a petroleum-based substance that is 
motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any 
grade of gasohol, and is typically used in the operation of a motor 
engine.
    New tank system means a tank system that will be used to contain an 
accumulation of regulated substances and for which installation has 
commenced after December 22, 1988. (See also ``Existing Tank System.'')
    Noncommercial purposes with respect to motor fuel means not for 
resale.
    On the premises where stored with respect to heating oil means UST 
systems located on the same property where the stored heating oil is 
used.
    Operational life refers to the period beginning when installation of 
the tank system has commenced until the time the tank system is properly 
closed under Subpart G.
    Operator means any person in control of, or having responsibility 
for, the daily operation of the UST system.
    Overfill release is a release that occurs when a tank is filled 
beyond its capacity, resulting in a discharge of the regulated substance 
to the environment.
    Owner means:
    (a) In the case of an UST system in use on November 8, 1984, or 
brought into use after that date, any person who owns an UST system used 
for storage, use, or dispensing of regulated substances; and
    (b) In the case of any UST system in use before November 8, 1984, 
but no longer in use on that date, any person who owned such UST 
immediately before the discontinuation of its use.
    Person means an individual, trust, firm, joint stock company, 
Federal agency, corporation, state, municipality, commission, political 
subdivision of a state, or any interstate body. ``Person'' also includes 
a consortium, a joint venture, a commercial entity, and the United 
States Government.
    Petroleum UST system means an underground storage tank system that 
contains petroleum or a mixture of petroleum with de minimis quantities 
of other regulated substances. Such systems include those containing 
motor fuels, jet fuels, distillate fuel oils, residual fuel oils, 
lubricants, petroleum solvents, and used oils.
    Pipe or Piping means a hollow cylinder or tubular conduit that is 
constructed of non-earthen materials.
    Pipeline facilities (including gathering lines) are new and existing 
pipe rights-of-way and any associated equipment, facilities, or 
buildings.
    Regulated substance means:
    (a) Any substance defined in section 101(14) of the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA) of 1980 
(but not including any substance regulated as a hazardous waste under 
subtitle C), and
    (b) Petroleum, including crude oil or any fraction thereof that is 
liquid at standard conditions of temperature and pressure (60 degrees 
Fahrenheit and 14.7 pounds per square inch absolute).

The term ``regulated substance'' includes but is not limited to 
petroleum

[[Page 982]]

and petroleum-based substances comprised of a complex blend of 
hydrocarbons derived from crude oil though processes of separation, 
conversion, upgrading, and finishing, such as motor fuels, jet fuels, 
distillate fuel oils, residual fuel oils, lubricants, petroleum 
solvents, and used oils.
    Release means any spilling, leaking, emitting, discharging, 
escaping, leaching or disposing from an UST into ground water, surface 
water or subsurface soils.
    Release detection means determining whether a release of a regulated 
substance has occurred from the UST system into the environment or into 
the interstitial space between the UST system and its secondary barrier 
or secondary containment around it.
    Repair means to restore a tank or UST system component that has 
caused a release of product from the UST system.
    Residential tank is a tank located on property used primarily for 
dwelling purposes.
    SARA means the Superfund Amendments and Reauthorization Act of 1986.
    Septic tank is a water-tight covered receptacle designed to receive 
or process, through liquid separation or biological digestion, the 
sewage discharged from a building sewer. The effluent from such 
receptacle is distributed for disposal through the soil and settled 
solids and scum from the tank are pumped out periodically and hauled to 
a treatment facility.
    Storm-water or wastewater collection system means piping, pumps, 
conduits, and any other equipment necessary to collect and transport the 
flow of surface water run-off resulting from precipitation, or domestic, 
commercial, or industrial wastewater to and from retention areas or any 
areas where treatment is designated to occur. The collection of storm 
water and wastewater does not include treatment except where incidental 
to conveyance.
    Surface impoundment 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) that is not an 
injection well.
    Tank is a stationary device designed to contain an accumulation of 
regulated substances and constructed of non-earthen materials (e.g., 
concrete, steel, plastic) that provide structural support.
    Underground area means an underground room, such as a basement, 
cellar, shaft or vault, providing enough space for physical inspection 
of the exterior of the tank situated on or above the surface of the 
floor.
    Underground release means any belowground release.
    Underground storage tank or UST means any one or combination of 
tanks (including underground pipes connected thereto) that is used to 
contain an accumulation of regulated substances, and the volume of which 
(including the volume of underground pipes connected thereto) is 10 
percent or more beneath the surface of the ground. This term does not 
include any:
    (a) Farm or residential tank of 1,100 gallons or less capacity used 
for storing motor fuel for noncommercial purposes;
    (b) Tank used for storing heating oil for consumptive use on the 
premises where stored;
    (c) Septic tank;
    (d) Pipeline facility (including gathering lines) regulated under:
    (1) The Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 
1671, et seq.), or
    (2) The Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 
2001, et seq.), or
    (3) Which is an intrastate pipeline facility regulated under state 
laws comparable to the provisions of the law referred to in paragraph 
(d)(1) or (d)(2) of this definition;
    (e) Surface impoundment, pit, pond, or lagoon;
    (f) Storm-water or wastewater collection system;
    (g) Flow-through process tank;
    (h) Liquid trap or associated gathering lines directly related to 
oil or gas production and gathering operations; or
    (i) Storage tank situated in an underground area (such as a 
basement, cellar, mineworking, drift, shaft, or tunnel) if the storage 
tank is situated upon or above the surface of the floor.


[[Page 983]]


The term ``underground storage tank'' or ``UST'' does not include any 
pipes connected to any tank which is described in paragraphs (a) through 
(i) of this definition.
    Upgrade means the addition or retrofit of some systems such as 
cathodic protection, lining, or spill and overfill controls to improve 
the ability of an underground storage tank system to prevent the release 
of product.
    UST system or Tank system means an underground storage tank, 
connected underground piping, underground ancillary equipment, and 
containment system, if any.
    Wastewater treatment tank means a tank that is designed to receive 
and treat an influent wastewater through physical, chemical, or 
biological methods.



     Subpart B--UST Systems: Design, Construction, Installation and 
                              Notification



Sec. 280.20  Performance standards for new UST systems.

    In order to prevent releases due to structural failure, corrosion, 
or spills and overfills for as long as the UST system is used to store 
regulated substances, all owners and operators of new UST systems must 
meet the following requirements.
    (a) Tanks. Each tank must be properly designed and constructed, and 
any portion underground that routinely contains product must be 
protected from corrosion, in accordance with a code of practice 
developed by a nationally recognized association or independent testing 
laboratory as specified below:
    (1) The tank is constructed of fiberglass-reinforced plastic; or

    Note: The following industry codes may be used to comply with 
paragraph (a)(1) of this section: Underwriters Laboratories Standard 
1316, ``Standard for Glass- Fiber-Reinforced Plastic Underground Storage 
Tanks for Petroleum Products''; Underwriter's Laboratories of Canada 
CAN4-S615-M83, ``Standard for Reinforced Plastic Underground Tanks for 
Petroleum Products''; or American Society of Testing and Materials 
Standard D4021-86, ``Standard Specification for Glass-Fiber-Reinforced 
Polyester Underground Petroleum Storage Tanks.''

    (2) The tank is constructed of steel and cathodically protected in 
the following manner:
    (i) The tank is coated with a suitable dielectric material;
    (ii) Field-installed cathodic protection systems are designed by a 
corrosion expert;
    (iii) Impressed current systems are designed to allow determination 
of current operating status as required in Sec. 280.31(c); and
    (iv) Cathodic protection systems are operated and maintained in 
accordance with Sec. 280.31 or according to guidelines established by 
the implementing agency; or

    Note: The following codes and standards may be used to comply with 
paragraph (a)(2) of this section:
    (A) Steel Tank Institute ``Specification for STI-P3 System of 
External Corrosion Protection of Underground Steel Storage Tanks'';
    (B) Underwriters Laboratories Standard 1746, ``Corrosion Protection 
Systems for Underground Storage Tanks'';
    (C) Underwriters Laboratories of Canada CAN4-S603-M85, ``Standard 
for Steel Underground Tanks for Flammable and Combustible Liquids,'' and 
CAN4-G03.1-M85, ``Standard for Galvanic Corrosion Protection Systems for 
Underground Tanks for Flammable and Combustible Liquids,'' and CAN4-
S631-M84, ``Isolating Bushings for Steel Underground Tanks Protected 
with Coatings and Galvanic Systems''; or
    (D) National Association of Corrosion Engineers Standard RP-02-85, 
``Control of External Corrosion on Metallic Buried, Partially Buried, or 
Submerged Liquid Storage Systems,'' and Underwriters Laboratories 
Standard 58, ``Standard for Steel Underground Tanks for Flammable and 
Combustible Liquids.''

    (3) The tank is constructed of a steel-fiberglass-reinforced-plastic 
composite; or

    Note: The following industry codes may be used to comply with 
paragraph (a)(3) of this section: Underwriters Laboratories Standard 
1746, ``Corrosion Protection Systems for Underground Storage Tanks,'' or 
the Association for Composite Tanks ACT-100, ``Specification for the 
Fabrication of FRP Clad Underground Storage Tanks.''

    (4) The tank is constructed of metal without additional corrosion 
protection measures provided that:
    (i) The tank is installed at a site that is determined by a 
corrosion expert not

[[Page 984]]

to be corrosive enough to cause it to have a release due to corrosion 
during its operating life; and
    (ii) Owners and operators maintain records that demonstrate 
compliance with the requirements of paragraphs (a)(4)(i) for the 
remaining life of the tank; or
    (5) The tank construction and corrosion protection are determined by 
the implementing agency to be designed to prevent the release or 
threatened release of any stored regulated substance in a manner that is 
no less protective of human health and the environment than paragraphs 
(a) (1) through (4) of this section.
    (b) Piping. The piping that routinely contains regulated substances 
and is in contact with the ground must be properly designed, 
constructed, and protected from corrosion in accordance with a code of 
practice developed by a nationally recognized association or independent 
testing laboratory as specified below:
    (1) The piping is constructed of fiberglass-reinforced plastic; or

    Note: The following codes and standards may be used to comply with 
paragraph (b)(1) of this section:
    (A) Underwriters Laboratories Subject 971, ``UL Listed Non-Metal 
Pipe'';
    (B) Underwriters Laboratories Standard 567, ``Pipe Connectors for 
Flammable and Combustible and LP Gas'';
    (C) Underwriters Laboratories of Canada Guide ULC-107, ``Glass Fiber 
Reinforced Plastic Pipe and Fittings for Flammable Liquids''; and
    (D) Underwriters Laboratories of Canada Standard CAN 4-S633-M81, 
``Flexible Underground Hose Connectors.''

    (2) The piping is constructed of steel and cathodically protected in 
the following manner:
    (i) The piping is coated with a suitable dielectric material;
    (ii) Field-installed cathodic protection systems are designed by a 
corrosion expert;
    (iii) Impressed current systems are designed to allow determination 
of current operating status as required in Sec. 280.31(c); and
    (iv) Cathodic protection systems are operated and maintained in 
accordance with Sec. 280.31 or guidelines established by the 
implementing agency; or

    Note: The following codes and standards may be used to comply with 
paragraph (b)(2) of this section:
    (A) National Fire Protection Association Standard 30, ``Flammable 
and Combustible Liquids Code'';
    (B) American Petroleum Institute Publication 1615, ``Installation of 
Underground Petroleum Storage Systems'';
    (C) American Petroleum Institute Publication 1632, ``Cathodic 
Protection of Underground Petroleum Storage Tanks and Piping Systems''; 
and
    (D) National Association of Corrosion Engineers Standard RP-01-69, 
``Control of External Corrosion on Submerged Metallic Piping Systems.''

    (3) The piping is constructed of metal without additional corrosion 
protection measures provided that:
    (i) The piping is installed at a site that is determined by a 
corrosion expert to not be corrosive enough to cause it to have a 
release due to corrosion during its operating life; and
    (ii) Owners and operators maintain records that demonstrate 
compliance with the requirements of paragraph (b)(3)(i) of this section 
for the remaining life of the piping; or

    Note: National Fire Protection Association Standard 30, ``Flammable 
and Combustible Liquids Code''; and National Association of Corrosion 
Engineers Standard RP-01-69, ``Control of External Corrosion on 
Submerged Metallic Piping Systems,'' may be used to comply with 
paragraph (b)(3) of this section.

    (4) The piping construction and corrosion protection are determined 
by the implementing agency to be designed to prevent the release or 
threatened release of any stored regulated substance in a manner that is 
no less protective of human health and the environment than the 
requirements in paragraphs (b) (1) through (3) of this section.
    (c) Spill and overfill prevention equipment. (1) Except as provided 
in paragraph (c)(2) of this section, to prevent spilling and overfilling 
associated with product transfer to the UST system, owners and operators 
must use the following spill and overfill prevention equipment:
    (i) Spill prevention equipment that will prevent release of product 
to the environment when the transfer hose is detached from the fill pipe 
(for example, a spill catchment basin); and

[[Page 985]]

    (ii) Overfill prevention equipment that will:
    (A) Automatically shut off flow into the tank when the tank is no 
more than 95 percent full; or
    (B) Alert the transfer operator when the tank is no more than 90 
percent full by restricting the flow into the tank or triggering a high-
level alarm; or
    (C) Restrict flow 30 minutes prior to overfilling, alert the 
operator with a high level alarm one minute before overfilling, or 
automatically shut off flow into the tank so that none of the fittings 
located on top of the tank are exposed to product due to overfilling.
    (2) Owners and operators are not required to use the spill and 
overfill prevention equipment specified in paragraph (c)(1) of this 
section if:
    (i) Alternative equipment is used that is determined by the 
implementing agency to be no less protective of human health and the 
environment than the equipment specified in paragraph (c)(1) (i) or (ii) 
of this section; or
    (ii) The UST system is filled by transfers of no more than 25 
gallons at one time.
    (d) Installation. All tanks and piping must be properly installed in 
accordance with a code of practice developed by a nationally recognized 
association or independent testing laboratory and in accordance with the 
manufacturer's instructions.

    Note: Tank and piping system installation practices and procedures 
described in the following codes may be used to comply with the 
requirements of paragraph (d) of this section:
    (i) American Petroleum Institute Publication 1615, ``Installation of 
Underground Petroleum Storage System''; or
    (ii) Petroleum Equipment Institute Publication RP100, ``Recommended 
Practices for Installation of Underground Liquid Storage Systems''; or
    (iii) American National Standards Institute Standard B31.3, 
``Petroleum Refinery Piping,'' and American National Standards Institute 
Standard B31.4 ``Liquid Petroleum Transportation Piping System.''

    (e) Certification of installation. All owners and operators must 
ensure that one or more of the following methods of certification, 
testing, or inspection is used to demonstrate compliance with paragraph 
(d) of this section by providing a certification of compliance on the 
UST notification form in accordance with Sec. 280.22.
    (1) The installer has been certified by the tank and piping 
manufacturers; or
    (2) The installer has been certified or licensed by the implementing 
agency; or
    (3) The installation has been inspected and certified by a 
registered professional engineer with education and experience in UST 
system installation; or
    (4) The installation has been inspected and approved by the 
implementing agency; or
    (5) All work listed in the manufacturer's installation checklists 
has been completed; or
    (6) The owner and operator have complied with another method for 
ensuring compliance with paragraph (d) of this section that is 
determined by the implementing agency to be no less protective of human 
health and the environment.

[53 FR 37194, Sept. 23, 1988, as amended at 56 FR 38344, Aug. 13, 1991]



Sec. 280.21  Upgrading of existing UST systems.

    (a) Alternatives allowed. Not later than December 22, 1998, all 
existing UST systems must comply with one of the following requirements:
    (1) New UST system performance standards under Sec. 280.20;
    (2) The upgrading requirements in paragraphs (b) through (d) of this 
section; or
    (3) Closure requirements under subpart G of this part, including 
applicable requirements for corrective action under subpart F.
    (b) Tank upgrading requirements. Steel tanks must be upgraded to 
meet one of the following requirements in accordance with a code of 
practice developed by a nationally recognized association or independent 
testing laboratory:
    (1) Interior lining. A tank may be upgraded by internal lining if:
    (i) The lining is installed in accordance with the requirements of 
Sec. 280.33, and
    (ii) Within 10 years after lining, and every 5 years thereafter, the 
lined tank is internally inspected and found to be structurally sound 
with the lining still

[[Page 986]]

performing in accordance with original design specifications.
    (2) Cathodic protection. A tank may be upgraded by cathodic 
protection if the cathodic protection system meets the requirements of 
Sec. 280.20(a)(2) (ii), (iii), and (iv) and the integrity of the tank is 
ensured using one of the following methods:
    (i) The tank is internally inspected and assessed to ensure that the 
tank is structurally sound and free of corrosion holes prior to 
installing the cathodic protection system; or
    (ii) The tank has been installed for less than 10 years and is 
monitored monthly for releases in accordance with Sec. 280.43 (d) 
through (h); or
    (iii) The tank has been installed for less than 10 years and is 
assessed for corrosion holes by conducting two (2) tightness tests that 
meet the requirements of Sec. 280.43(c). The first tightness test must 
be conducted prior to installing the cathodic protection system. The 
second tightness test must be conducted between three (3) and six (6) 
months following the first operation of the cathodic protection system; 
or
    (iv) The tank is assessed for corrosion holes by a method that is 
determined by the implementing agency to prevent releases in a manner 
that is no less protective of human health and the environment than 
paragraphs (b)(2) (i) through (iii) of this section.
    (3) Internal lining combined with cathodic protection. A tank may be 
upgraded by both internal lining and cathodic protection if:
    (i) The lining is installed in accordance with the requirements of 
Sec. 280.33; and
    (ii) The cathodic protection system meets the requirements of 
Sec. 280.20(a)(2) (ii), (iii), and (iv).

    Note: The following codes and standards may be used to comply with 
this section:
    (A) American Petroleum Institute Publication 1631, ``Recommended 
Practice for the Interior Lining of Existing Steel Underground Storage 
Tanks'';
    (B) National Leak Prevention Association Standard 631, ``Spill 
Prevention, Minimum 10 Year Life Extension of Existing Steel Underground 
Tanks by Lining Without the Addition of Cathodic Protection'';
    (C) National Association of Corrosion Engineers Standard RP-02-85, 
``Control of External Corrosion on Metallic Buried, Partially Buried, or 
Submerged Liquid Storage Systems''; and
    (D) American Petroleum Institute Publication 1632, ``Cathodic 
Protection of Underground Petroleum Storage Tanks and Piping Systems.''

    (c) Piping upgrading requirements. Metal piping that routinely 
contains regulated substances and is in contact with the ground must be 
cathodically protected in accordance with a code of practice developed 
by a nationally recognized association or independent testing laboratory 
and must meet the requirements of Sec. 280.20(b)(2) (ii), (iii), and 
(iv).

    Note: The codes and standards listed in the note following 
Sec. 280.20(b)(2) may be used to comply with this requirement.

    (d) Spill and overfill prevention equipment. To prevent spilling and 
overfilling associated with product transfer to the UST system, all 
existing UST systems must comply with new UST system spill and overfill 
prevention equipment requirements specified in Sec. 280.20(c).



Sec. 280.22  Notification requirements.

    (a) Any owner who brings an underground storage tank system into use 
after May 8, 1986, must within 30 days of bringing such tank into use, 
submit, in the form prescribed in appendix I of this part, a notice of 
existence of such tank system to the state or local agency or department 
designated in appendix II of this part to receive such notice.

    Note: Owners and operators of UST systems that were in the ground on 
or after May 8, 1986, unless taken out of operation on or before January 
1, 1974, were required to notify the designated state or local agency in 
accordance with the Hazardous and Solid Waste Amendments of 1984, Pub. 
L. 98-616, on a form published by EPA on November 8, 1985 (50 FR 46602) 
unless notice was given pursuant to section 103(c) of CERCLA. Owners and 
operators who have not complied with the notification requirements may 
use portions I through VI of the notification form contained in appendix 
I of this part.

    (b) In states where state law, regulations, or procedures require 
owners to use forms that differ from those set forth in appendix I of 
this part to fulfill the requirements of this section, the state forms 
may be submitted in lieu of

[[Page 987]]

the forms set forth in Appendix I of this part. If a state requires that 
its form be used in lieu of the form presented in this regulation, such 
form must meet the requirements of section 9002.
    (c) Owners required to submit notices under paragraph (a) of this 
section must provide notices to the appropriate agencies or departments 
identified in appendix II of this part for each tank they own. Owners 
may provide notice for several tanks using one notification form, but 
owners who own tanks located at more than one place of operation must 
file a separate notification form for each separate place of operation.
    (d) Notices required to be submitted under paragraph (a) of this 
section must provide all of the information in sections I through VI of 
the prescribed form (or appropriate state form) for each tank for which 
notice must be given. Notices for tanks installed after December 22, 
1988 must also provide all of the information in section VII of the 
prescribed form (or appropriate state form) for each tank for which 
notice must be given.
    (e) All owners and operators of new UST systems must certify in the 
notification form compliance with the following requirements:
    (1) Installation of tanks and piping under Sec. 280.20(e);
    (2) Cathodic protection of steel tanks and piping under Sec. 280.20 
(a) and (b);
    (3) Financial responsibility under subpart H of this part; and
    (4) Release detection under Secs. 280.41 and 280.42.
    (f) All owners and operators of new UST systems must ensure that the 
installer certifies in the notification form that the methods used to 
install the tanks and piping complies with the requirements in 
Sec. 280.20(d).
    (g) Beginning October 24, 1988, any person who sells a tank intended 
to be used as an underground storage tank must notify the purchaser of 
such tank of the owner's notification obligations under paragraph (a) of 
this section. The form provided in appendix III of this part may be used 
to comply with this requirement.



                Subpart C--General Operating Requirements



Sec. 280.30  Spill and overfill control.

    (a) Owners and operators must ensure that releases due to spilling 
or overfilling do not occur. The owner and operator must ensure that the 
volume available in the tank is greater than the volume of product to be 
transferred to the tank before the transfer is made and that the 
transfer operation is monitored constantly to prevent overfilling and 
spilling.

    Note: The transfer procedures described in National Fire Protection 
Association Publication 385 may be used to comply with paragraph (a) of 
this section. Further guidance on spill and overfill prevention appears 
in American Petroleum Institute Publication 1621, ``Recommended Practice 
for Bulk Liquid Stock Control at Retail Outlets,'' and National Fire 
Protection Association Standard 30, ``Flammable and Combustible Liquids 
Code.''

    (b) The owner and operator must report, investigate, and clean up 
any spills and overfills in accordance with Sec. 280.53.



Sec. 280.31  Operation and maintenance of corrosion protection.

    All owners and operators of steel UST systems with corrosion 
protection must comply with the following requirements to ensure that 
releases due to corrosion are prevented for as long as the UST system is 
used to store regulated substances:
    (a) All corrosion protection systems must be operated and maintained 
to continuously provide corrosion protection to the metal components of 
that portion of the tank and piping that routinely contain regulated 
substances and are in contact with the ground.
    (b) All UST systems equipped with cathodic protection systems must 
be inspected for proper operation by a qualified cathodic protection 
tester in accordance with the following requirements:
    (1) Frequency. All cathodic protection systems must be tested within 
6 months of installation and at least every 3 years thereafter or 
according to another reasonable time frame established by the 
implementing agency; and

[[Page 988]]

    (2) Inspection criteria. The criteria that are used to determine 
that cathodic protection is adequate as required by this section must be 
in accordance with a code of practice developed by a nationally 
recognized association.

    Note: National Association of Corrosion Engineers Standard RP-02-85, 
``Control of External Corrosion on Metallic Buried, Partially Buried, or 
Submerged Liquid Storage Systems,'' may be used to comply with paragraph 
(b)(2) of this section.

    (c) UST systems with impressed current cathodic protection systems 
must also be inspected every 60 days to ensure the equipment is running 
properly.
    (d) For UST systems using cathodic protection, records of the 
operation of the cathodic protection must be maintained (in accordance 
with Sec. 280.34) to demonstrate compliance with the performance 
standards in this section. These records must provide the following:
    (1) The results of the last three inspections required in paragraph 
(c) of this section; and
    (2) The results of testing from the last two inspections required in 
paragraph (b) of this section.



Sec. 280.32  Compatibility.

    Owners and operators must use an UST system made of or lined with 
materials that are compatible with the substance stored in the UST 
system.

    Note: Owners and operators storing alcohol blends may use the 
following codes to comply with the requirements of this section:
    (a) American Petroleum Institute Publication 1626, ``Storing and 
Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals 
and Service Stations''; and
    (b) American Petroleum Institute Publication 1627, ``Storage and 
Handling of Gasoline-Methanol/Cosolvent Blends at Distribution Terminals 
and Service Stations.''



Sec. 280.33  Repairs allowed.

    Owners and operators of UST systems must ensure that repairs will 
prevent releases due to structural failure or corrosion as long as the 
UST system is used to store regulated substances. The repairs must meet 
the following requirements:
    (a) Repairs to UST systems must be properly conducted in accordance 
with a code of practice developed by a nationally recognized association 
or an independent testing laboratory.

    Note: The following codes and standards may be used to comply with 
paragraph (a) of this section: National Fire Protection Association 
Standard 30, ``Flammable and Combustible Liquids Code''; American 
Petroleum Institute Publication 2200, ``Repairing Crude Oil, Liquified 
Petroleum Gas, and Product Pipelines''; American Petroleum Institute 
Publication 1631, ``Recommended Practice for the Interior Lining of 
Existing Steel Underground Storage Tanks''; and National Leak Prevention 
Association Standard 631, ``Spill Prevention, Minimum 10 Year Life 
Extension of Existing Steel Underground Tanks by Lining Without the 
Addition of Cathodic Protection.''

    (b) Repairs to fiberglass-reinforced plastic tanks may be made by 
the manufacturer's authorized representatives or in accordance with a 
code of practice developed by a nationally recognized association or an 
independent testing laboratory.
    (c) Metal pipe sections and fittings that have released product as a 
result of corrosion or other damage must be replaced. Fiberglass pipes 
and fittings may be repaired in accordance with the manufacturer's 
specifications.
    (d) Repaired tanks and piping must be tightness tested in accordance 
with Sec. 280.43(c) and Sec. 280.44(b) within 30 days following the date 
of the completion of the repair except as provided in paragraphs (d) (1) 
through (3), of this section:
    (1) The repaired tank is internally inspected in accordance with a 
code of practice developed by a nationally recognized association or an 
independent testing laboratory; or
    (2) The repaired portion of the UST system is monitored monthly for 
releases in accordance with a method specified in Sec. 280.43 (d) 
through (h); or
    (3) Another test method is used that is determined by the 
implementing agency to be no less protective of human health and the 
environment than those listed above.
    (e) Within 6 months following the repair of any cathodically 
protected UST system, the cathodic protection system must be tested in 
accordance with

[[Page 989]]

Sec. 280.31 (b) and (c) to ensure that it is operating properly.
    (f) UST system owners and operators must maintain records of each 
repair for the remaining operating life of the UST system that 
demonstrate compliance with the requirements of this section.



Sec. 280.34  Reporting and recordkeeping.

    Owners and operators of UST systems must cooperate fully with 
inspections, monitoring and testing conducted by the implementing 
agency, as well as requests for document submission, testing, and 
monitoring by the owner or operator pursuant to section 9005 of Subtitle 
I of the Resource Conservation and Recovery Act, as amended.
    (a) Reporting. Owners and operators must submit the following 
information to the implementing agency:
    (1) Notification for all UST systems (Sec. 280.22), which includes 
certification of installation for new UST systems (Sec. 280.20(e)),
    (2) Reports of all releases including suspected releases 
(Sec. 280.50), spills and overfills (Sec. 280.53), and confirmed 
releases (Sec. 280.61);
    (3) Corrective actions planned or taken including initial abatement 
measures (Sec. 280.62), initial site characterization (Sec. 280.63), 
free product removal (Sec. 280.64), investigation of soil and ground-
water cleanup (Sec. 280.65), and corrective action plan (Sec. 280.66); 
and
    (4) A notification before permanent closure or change-in-service 
(Sec. 280.71).
    (b) Recordkeeping. Owners and operators must maintain the following 
information:
    (1) A corrosion expert's analysis of site corrosion potential if 
corrosion protection equipment is not used (Sec. 280.20(a)(4); 
Sec. 280.20(b)(3)).
    (2) Documentation of operation of corrosion protection equipment 
(Sec. 280.31);
    (3) Documentation of UST system repairs (Sec. 280.33(f));
    (4) Recent compliance with release detection requirements 
(Sec. 280.45); and
    (5) Results of the site investigation conducted at permanent closure 
(Sec. 280.74).
    (c) Availability and Maintenance of Records. Owners and operators 
must keep the records required either:
    (1) At the UST site and immediately available for inspection by the 
implementing agency; or
    (2) At a readily available alternative site and be provided for 
inspection to the implementing agency upon request.
    (3) In the case of permanent closure records required under 
Sec. 280.74, owners and operators are also provided with the additional 
alternative of mailing closure records to the implementing agency if 
they cannot be kept at the site or an alternative site as indicated 
above.



                      Subpart D--Release Detection



Sec. 280.40  General requirements for all UST systems.

    (a) Owners and operators of new and existing UST systems must 
provide a method, or combination of methods, of release detection that:
    (1) Can detect a release from any portion of the tank and the 
connected underground piping that routinely contains product;
    (2) Is installed, calibrated, operated, and maintained in accordance 
with the manufacturer's instructions, including routine maintenance and 
service checks for operability or running condition; and
    (3) Meets the performance requirements in Sec. 280.43 or 280.44, 
with any performance claims and their manner of determination described 
in writing by the equipment manufacturer or installer. In addition, 
methods used after the date shown in the following table corresponding 
with the specified method except for methods permanently installed prior 
to that date, must be capable of detecting the leak rate or quantity 
specified for that method in the corresponding section of the rule (also 
shown in the table) with a probability of detection (Pd) of 0.95 and a 
probability of false alarm (Pfa) of 0.05.

------------------------------------------------------------------------
                                               Date after which Pd/Pfa  
            Method                Section        must be demonstrated   
------------------------------------------------------------------------
Manual Tank Gauging...........    280.43(b)  December 22, 1990.         
Tank Tightness Testing........    280.43(c)  December 22, 1990.         

[[Page 990]]

                                                                        
Automatic Tank Gauging........    280.43(d)  December 22, 1990.         
Automatic Line Leak Detectors.    280.44(a)  September 22, 1991.        
Line Tightness Testing........    280.44(b)  December 22, 1990.         
------------------------------------------------------------------------

    (b) When a release detection method operated in accordance with the 
performance standards in Sec. 280.43 and Sec. 280.44 indicates a release 
may have occurred, owners and operators must notify the implementing 
agency in accordance with subpart E.
    (c) Owners and operators of all UST systems must comply with the 
release detection requirements of this subpart by December 22 of the 
year listed in the following table:

               Schedule for Phase-in of Release Detection               
------------------------------------------------------------------------
                                Year when release detection is required 
                                 (by December 22 of the year indicated) 
  Year system was installed   ------------------------------------------
                                 1989     1990     1991    1992    1993 
------------------------------------------------------------------------
Before 1965 or date unknown..  RD       P                               
1965-69......................  .......  P/RD                            
1970-74......................  .......  P        RD                     
1975-79......................  .......  P        .......  RD            
1980-88......................  .......  P        .......  ......  RD    
                                                                        
 New tanks (after December 22) immediately upon installation.           
------------------------------------------------------------------------
P=Must begin release detection for all pressurized piping as defined in 
  Sec.  280.41(b)(1).                                                   
RD=Must begin release detection for tanks and suction piping in         
  accordance with Sec.  280.41(a), Sec.  280.41(b)(2), and Sec.  280.42.

    (d) Any existing UST system that cannot apply a method of release 
detection that complies with the requirements of this subpart must 
complete the closure procedures in subpart G by the date on which 
release detection is required for that UST system under paragraph (c) of 
this section.

[53 FR 37194, Sept. 23, 1988, as amended at 55 FR 17753, Apr. 27, 1990; 
55 FR 23738, June 12, 1990; 56 FR 26, Jan. 2, 1991]



Sec. 280.41  Requirements for petroleum UST systems.

    Owners and operators of petroleum UST systems must provide release 
detection for tanks and piping as follows:
    (a) Tanks. Tanks must be monitored at least every 30 days for 
releases using one of the methods listed in Sec. 280.43 (d) through (h) 
except that:
    (1) UST systems that meet the performance standards in Sec. 280.20 
or Sec. 280.21, and the monthly inventory control requirements in 
Sec. 280.43 (a) or (b), may use tank tightness testing (conducted in 
accordance with Sec. 280.43(c)) at least every 5 years until December 
22, 1998, or until 10 years after the tank is installed or upgraded 
under Sec. 280.21(b), whichever is later;
    (2) UST systems that do not meet the performance standards in 
Sec. 280.20 or Sec. 280.21 may use monthly inventory controls (conducted 
in accordance with Sec. 280.43(a) or (b)) and annual tank tightness 
testing (conducted in accordance with Sec. 280.43(c)) until December 22, 
1998 when the tank must be upgraded under Sec. 280.21 or permanently 
closed under Sec. 280.71; and
    (3) Tanks with capacity of 550 gallons or less may use weekly tank 
gauging (conducted in accordance with Sec. 280.43(b)).
    (b) Piping. Underground piping that routinely contains regulated 
substances must be monitored for releases in a manner that meets one of 
the following requirements:
    (1) Pressurized piping. Underground piping that conveys regulated 
substances under pressure must:
    (i) Be equipped with an automatic line leak detector conducted in 
accordance with Sec. 280.44(a); and
    (ii) Have an annual line tightness test conducted in accordance with 
Sec. 280.44(b) or have monthly monitoring conducted in accordance with 
Sec. 280.44(c).
    (2) Suction piping. Underground piping that conveys regulated 
substances under suction must either have a line tightness test 
conducted at least every 3 years and in accordance with Sec. 280.44(b), 
or use a monthly monitoring method conduct in accordance with 
Sec. 280.44(c). No release detection is required for suction piping that 
is designed and constructed to meet the following standards:
    (i) The below-grade piping operates at less than atmospheric 
pressure;
    (ii) The below-grade piping is sloped so that the contents of the 
pipe will drain back into the storage tank if the suction is released;

[[Page 991]]

    (iii) Only one check valve is included in each suction line;
    (iv) The check valve is located directly below and as close as 
practical to the suction pump; and
    (v) A method is provided that allows compliance with paragraphs 
(b)(2) (ii)-(iv) of this section to be readily determined.



Sec. 280.42  Requirements for hazardous substance UST systems.

    Owners and operators of hazardous substance UST systems must provide 
release detection that meets the following requirements:
    (a) Release detection at existing UST systems must meet the 
requirements for petroleum UST systems in Sec. 280.41. By December 22, 
1998, all existing hazardous substance UST systems must meet the release 
detection requirements for new systems in paragraph (b) of this section.
    (b) Release detection at new hazardous substance UST systems must 
meet the following requirements:
    (1) Secondary containment systems must be designed, constructed and 
installed to:
    (i) Contain regulated substances released from the tank system until 
they are detected and removed;
    (ii) Prevent the release of regulated substances to the environment 
at any time during the operational life of the UST system; and
    (iii) Be checked for evidence of a release at least every 30 days.

    Note.--The provisions of 40 CFR 265.193, Containment and Detection 
of Releases, may be used to comply with these requirements.

    (2) Double-walled tanks must be designed, constructed, and installed 
to:
    (i) Contain a release from any portion of the inner tank within the 
outer wall; and
    (ii) Detect the failure of the inner wall.
    (3) External liners (including vaults) must be designed, 
constructed, and installed to:
    (i) Contain 100 percent of the capacity of the largest tank within 
its boundary;
    (ii) Prevent the interference of precipitation or ground-water 
intrusion with the ability to contain or detect a release of regulated 
substances; and
    (iii) Surround the tank completely (i.e., it is capable of 
preventing lateral as well as vertical migration of regulated 
substances).
    (4) Underground piping must be equipped with secondary containment 
that satisfies the requirements of paragraph (b)(1) of this section 
(e.g., trench liners, jacketing of double-walled pipe). In addition, 
underground piping that conveys regulated substances under pressure must 
be equipped with an automatic line leak detector in accordance with 
Sec. 280.44(a).
    (5) Other methods of release detection may be used if owners and 
operators:
    (i) Demonstrate to the implementing agency that an alternate method 
can detect a release of the stored substance as effectively as any of 
the methods allowed in Secs. 280.43(b) through (h) can detect a release 
of petroleum;
    (ii) Provide information to the implementing agency on effective 
corrective action technologies, health risks, and chemical and physical 
properties of the stored substance, and the characteristics of the UST 
site; and,
    (iii) Obtain approval from the implementing agency to use the 
alternate release detection method before the installation and operation 
of the new UST system.



Sec. 280.43  Methods of release detection for tanks.

    Each method of release detection for tanks used to meet the 
requirements of Sec. 280.41 must be conducted in accordance with the 
following:
    (a) Inventory control. Product inventory control (or another test of 
equivalent performance) must be conducted monthly to detect a release of 
at least 1.0 percent of flow-through plus 130 gallons on a monthly basis 
in the following manner:
    (1) Inventory volume measurements for regulated substance inputs, 
withdrawals, and the amount still remaining in the tank are recorded 
each operating day;
    (2) The equipment used is capable of measuring the level of product 
over the full range of the tank's height to the nearest one-eighth of an 
inch;
    (3) The regulated substance inputs are reconciled with delivery 
receipts by

[[Page 992]]

measurement of the tank inventory volume before and after delivery;
    (4) Deliveries are made through a drop tube that extends to within 
one foot of the tank bottom;
    (5) Product dispensing is metered and recorded within the local 
standards for meter calibration or an accuracy of 6 cubic inches for 
every 5 gallons of product withdrawn; and
    (6) The measurement of any water level in the bottom of the tank is 
made to the nearest one-eighth of an inch at least once a month.

    Note: Practices described in the American Petroleum Institute 
Publication 1621, ``Recommended Practice for Bulk Liquid Stock Control 
at Retail Outlets,'' may be used, where applicable, as guidance in 
meeting the requirements of this paragraph.

    (b) Manual tank gauging. Manual tank gauging must meet the following 
requirements:
    (1) Tank liquid level measurements are taken at the beginning and 
ending of a period of at least 36 hours during which no liquid is added 
to or removed from the tank;
    (2) Level measurements are based on an average of two consecutive 
stick readings at both the beginning and ending of the period;
    (3) The equipment used is capable of measuring the level of product 
over the full range of the tank's height to the nearest one-eighth of an 
inch;
    (4) A leak is suspected and subject to the requirements of subpart E 
if the variation between beginning and ending measurements exceeds the 
weekly or monthly standards in the following table:

------------------------------------------------------------------------
                                                       Monthly standard 
      Nominal tank capacity         Weekly standard    (average of four 
                                      (one test)            tests)      
------------------------------------------------------------------------
550 gallons or less.............  10 gallons........  5 gallons.        
551-1,000 gallons...............  13 gallons........  7 gallons.        
1,001-2,000 gallons.............  26 gallons........  13 gallons.       
------------------------------------------------------------------------

    (5) Only tanks of 550 gallons or less nominal capacity may use this 
as the sole method of release detection. Tanks of 551 to 2,000 gallons 
may use the method in place of manual inventory control in 
Sec. 280.43(a). Tanks of greater than 2,000 gallons nominal capacity may 
not use this method to meet the requirements of this subpart.
    (c) Tank tightness testing. Tank tightness testing (or another test 
of equivalent performance) must be capable of detecting a 0.1 gallon per 
hour leak rate from any portion of the tank that routinely contains 
product while accounting for the effects of thermal expansion or 
contraction of the product, vapor pockets, tank deformation, evaporation 
or condensation, and the location of the water table.
    (d) Automatic tank gauging. Equipment for automatic tank gauging 
that tests for the loss of product and conducts inventory control must 
meet the following requirements:
    (1) The automatic product level monitor test can detect a 0.2 gallon 
per hour leak rate from any portion of the tank that routinely contains 
product; and
    (2) Inventory control (or another test of equivalent performance) is 
conducted in accordance with the requirements of Sec. 280.43(a).
    (e) Vapor monitoring. Testing or monitoring for vapors within the 
soil gas of the excavation zone must meet the following requirements:
    (1) The materials used as backfill are sufficiently porous (e.g., 
gravel, sand, crushed rock) to readily allow diffusion of vapors from 
releases into the excavation area;
    (2) The stored regulated substance, or a tracer compound placed in 
the tank system, is sufficiently volatile (e.g., gasoline) to result in 
a vapor level that is detectable by the monitoring devices located in 
the excavation zone in the event of a release from the tank;
    (3) The measurement of vapors by the monitoring device is not 
rendered inoperative by the ground water, rainfall, or soil moisture or 
other known interferences so that a release could go undetected for more 
than 30 days;
    (4) The level of background contamination in the excavation zone 
will not interfere with the method used to detect releases from the 
tank;
    (5) The vapor monitors are designed and operated to detect any 
significant increase in concentration above background of the regulated 
substance stored in the tank system, a component or components of that 
substance,

[[Page 993]]

or a tracer compound placed in the tank system;
    (6) In the UST excavation zone, the site is assessed to ensure 
compliance with the requirements in paragraphs (e) (1) through (4) of 
this section and to establish the number and positioning of monitoring 
wells that will detect releases within the excavation zone from any 
portion of the tank that routinely contains product; and
    (7) Monitoring wells are clearly marked and secured to avoid 
unauthorized access and tampering.
    (f) Ground-water monitoring. Testing or monitoring for liquids on 
the ground water must meet the following requirements:
    (1) The regulated substance stored is immiscible in water and has a 
specific gravity of less than one;
    (2) Ground water is never more than 20 feet from the ground surface 
and the hydraulic conductivity of the soil(s) between the UST system and 
the monitoring wells or devices is not less than 0.01 cm/sec (e.g., the 
soil should consist of gravels, coarse to medium sands, coarse silts or 
other permeable materials);
    (3) The slotted portion of the monitoring well casing must be 
designed to prevent migration of natural soils or filter pack into the 
well and to allow entry of regulated substance on the water table into 
the well under both high and low ground-water conditions;
    (4) Monitoring wells shall be sealed from the ground surface to the 
top of the filter pack;
    (5) Monitoring wells or devices intercept the excavation zone or are 
as close to it as is technically feasible;
    (6) The continuous monitoring devices or manual methods used can 
detect the presence of at least one-eighth of an inch of free product on 
top of the ground water in the monitoring wells;
    (7) Within and immediately below the UST system excavation zone, the 
site is assessed to ensure compliance with the requirements in 
paragraphs (f) (1) through (5) of this section and to establish the 
number and positioning of monitoring wells or devices that will detect 
releases from any portion of the tank that routinely contains product; 
and
    (8) Monitoring wells are clearly marked and secured to avoid 
unauthorized access and tampering.
    (g) Interstitial monitoring. Interstitial monitoring between the UST 
system and a secondary barrier immediately around or beneath it may be 
used, but only if the system is designed, constructed and installed to 
detect a leak from any portion of the tank that routinely contains 
product and also meets one of the following requirements:
    (1) For double-walled UST systems, the sampling or testing method 
can detect a release through the inner wall in any portion of the tank 
that routinely contains product;

    Note: The provisions outlined in the Steel Tank Institute's 
``Standard for Dual Wall Underground Storage Tanks'' may be used as 
guidance for aspects of the design and construction of underground steel 
double-walled tanks.

    (2) For UST systems with a secondary barrier within the excavation 
zone, the sampling or testing method used can detect a release between 
the UST system and the secondary barrier;
    (i) The secondary barrier around or beneath the UST system consists 
of artificially constructed material that is sufficiently thick and 
impermeable (at least 10-6 cm/sec for the regulated substance 
stored) to direct a release to the monitoring point and permit its 
detection;
    (ii) The barrier is compatible with the regulated substance stored 
so that a release from the UST system will not cause a deterioration of 
the barrier allowing a release to pass through undetected;
    (iii) For cathodically protected tanks, the secondary barrier must 
be installed so that it does not interfere with the proper operation of 
the cathodic protection system;
    (iv) The ground water, soil moisture, or rainfall will not render 
the testing or sampling method used inoperative so that a release could 
go undetected for more than 30 days;
    (v) The site is assessed to ensure that the secondary barrier is 
always above the ground water and not in a 25-year flood plain, unless 
the barrier and monitoring designs are for use under such conditions; 
and,

[[Page 994]]

    (vi) Monitoring wells are clearly marked and secured to avoid 
unauthorized access and tampering.
    (3) For tanks with an internally fitted liner, an automated device 
can detect a release between the inner wall of the tank and the liner, 
and the liner is compatible with the substance stored.
    (h) Other methods. Any other type of release detection method, or 
combination of methods, can be used if:
    (1) It can detect a 0.2 gallon per hour leak rate or a release of 
150 gallons within a month with a probability of detection of 0.95 and a 
probability of false alarm of 0.05; or
    (2) The implementing agency may approve another method if the owner 
and operator can demonstrate that the method can detect a release as 
effectively as any of the methods allowed in paragraphs (c) through (h) 
of this section. In comparing methods, the implementing agency shall 
consider the size of release that the method can detect and the 
frequency and reliability with which it can be detected. If the method 
is approved, the owner and operator must comply with any conditions 
imposed by the implementing agency on its use to ensure the protection 
of human health and the environment.



Sec. 280.44  Methods of release detection for piping.

    Each method of release detection for piping used to meet the 
requirements of Sec. 280.41 must be conducted in accordance with the 
following:
    (a) Automatic line leak detectors. Methods which alert the operator 
to the presence of a leak by restricting or shutting off the flow of 
regulated substances through piping or triggering an audible or visual 
alarm may be used only if they detect leaks of 3 gallons per hour at 10 
pounds per square inch line pressure within 1 hour. An annual test of 
the operation of the leak detector must be conducted in accordance with 
the manufacturer's requirements.
    (b) Line tightness testing. A periodic test of piping may be 
conducted only if it can detect a 0.1 gallon per hour leak rate at one 
and one-half times the operating pressure.
    (c) Applicable tank methods. Any of the methods in Sec. 280.43 (e) 
through (h) may be used if they are designed to detect a release from 
any portion of the underground piping that routinely contains regulated 
substances.



Sec. 280.45  Release detection recordkeeping.

    All UST system owners and operators must maintain records in 
accordance with Sec. 280.34 demonstrating compliance with all applicable 
requirements of this subpart. These records must include the following:
    (a) All written performance claims pertaining to any release 
detection system used, and the manner in which these claims have been 
justified or tested by the equipment manufacturer or installer, must be 
maintained for 5 years, or for another reasonable period of time 
determined by the implementing agency, from the date of installation;
    (b) The results of any sampling, testing, or monitoring must be 
maintained for at least 1 year, or for another reasonable period of time 
determined by the implementing agency, except that the results of tank 
tightness testing conducted in accordance with Sec. 280.43(c) must be 
retained until the next test is conducted; and
    (c) Written documentation of all calibration, maintenance, and 
repair of release detection equipment permanently located on-site must 
be maintained for at least one year after the servicing work is 
completed, or for another reasonable time period determined by the 
implementing agency. Any schedules of required calibration and 
maintenance provided by the release detection equipment manufacturer 
must be retained for 5 years from the date of installation.



      Subpart E--Release Reporting, Investigation, and Confirmation



Sec. 280.50  Reporting of suspected releases.

    Owners and operators of UST systems must report to the implementing 
agency within 24 hours, or another reasonable time period specified by 
the implementing agency, and follow the procedures in Sec. 280.52 for 
any of the following conditions:

[[Page 995]]

    (a) The discovery by owners and operators or others of released 
regulated substances at the UST site or in the surrounding area (such as 
the presence of free product or vapors in soils, basements, sewer and 
utility lines, and nearby surface water).
    (b) Unusual operating conditions observed by owners and operators 
(such as the erratic behavior of product dispensing equipment, the 
sudden loss of product from the UST system, or an unexplained presence 
of water in the tank), unless system equipment is found to be defective 
but not leaking, and is immediately repaired or replaced; and,
    (c) Monitoring results from a release detection method required 
under Sec. 280.41 and Sec. 280.42 that indicate a release may have 
occurred unless:
    (1) The monitoring device is found to be defective, and is 
immediately repaired, recalibrated or replaced, and additional 
monitoring does not confirm the initial result; or
    (2) In the case of inventory control, a second month of data does 
not confirm the initial result.



Sec. 280.51  Investigation due to off-site impacts.

    When required by the implementing agency, owners and operators of 
UST systems must follow the procedures in Sec. 280.52 to determine if 
the UST system is the source of off-site impacts. These impacts include 
the discovery of regulated substances (such as the presence of free 
product or vapors in soils, basements, sewer and utility lines, and 
nearby surface and drinking waters) that has been observed by the 
implementing agency or brought to its attention by another party.



Sec. 280.52  Release investigation and confirmation steps.

    Unless corrective action is initiated in accordance with subpart F, 
owners and operators must immediately investigate and confirm all 
suspected releases of regulated substances requiring reporting under 
Sec. 280.50 within 7 days, or another reasonable time period specified 
by the implementing agency, using either the following steps or another 
procedure approved by the implementing agency:
    (a) System test. Owners and operators must conduct tests (according 
to the requirements for tightness testing in Sec. 280.43(c) and 
Sec. 280.44(b)) that determine whether a leak exists in that portion of 
the tank that routinely contains product, or the attached delivery 
piping, or both.
    (1) Owners and operators must repair, replace or upgrade the UST 
system, and begin corrective action in accordance with subpart F if the 
test results for the system, tank, or delivery piping indicate that a 
leak exists.
    (2) Further investigation is not required if the test results for 
the system, tank, and delivery piping do not indicate that a leak exists 
and if environmental contamination is not the basis for suspecting a 
release.
    (3) Owners and operators must conduct a site check as described in 
paragraph (b) of this section if the test results for the system, tank, 
and delivery piping do not indicate that a leak exists but environmental 
contamination is the basis for suspecting a release.
    (b) Site check. Owners and operators must measure for the presence 
of a release where contamination is most likely to be present at the UST 
site. In selecting sample types, sample locations, and measurement 
methods, owners and operators must consider the nature of the stored 
substance, the type of initial alarm or cause for suspicion, the type of 
backfill, the depth of ground water, and other factors appropriate for 
identifying the presence and source of the release.
    (1) If the test results for the excavation zone or the UST site 
indicate that a release has occurred, owners and operators must begin 
corrective action in accordance with subpart F;
    (2) If the test results for the excavation zone or the UST site do 
not indicate that a release has occurred, further investigation is not 
required.



Sec. 280.53  Reporting and cleanup of spills and overfills.

    (a) Owners and operators of UST systems must contain and immediately 
clean up a spill or overfill and report to the implementing agency 
within 24 hours, or another reasonable time period specified by the 
implementing agency, and begin corrective action in

[[Page 996]]

accordance with subpart F in the following cases:
    (1) Spill or overfill of petroleum that results in a release to the 
environment that exceeds 25 gallons or another reasonable amount 
specified by the implementing agency, or that causes a sheen on nearby 
surface water; and
    (2) Spill or overfill of a hazardous substance that results in a 
release to the environment that equals or exceeds its reportable 
quantity under CERCLA (40 CFR part 302).
    (b) Owners and operators of UST systems must contain and immediately 
clean up a spill or overfill of petroleum that is less than 25 gallons 
or another reasonable amount specified by the implementing agency, and a 
spill or overfill of a hazardous substance that is less than the 
reportable quantity. If cleanup cannot be accomplished within 24 hours, 
or another reasonable time period established by the implementing 
agency, owners and operators must immediately notify the implementing 
agency.

    Note: Pursuant to Secs. 302.6 and 355.40, a release of a hazardous 
substance equal to or in excess of its reportable quantity must also be 
reported immediately (rather than within 24 hours) to the National 
Response Center under sections 102 and 103 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 and to 
appropriate state and local authorities under Title III of the Superfund 
Amendments and Reauthorization Act of 1986.



   Subpart F--Release Response and Corrective Action for UST Systems 
              Containing Petroleum or Hazardous Substances



Sec. 280.60  General.

    Owners and operators of petroleum or hazardous substance UST systems 
must, in response to a confirmed release from the UST system, comply 
with the requirements of this subpart except for USTs excluded under 
Sec. 280.10(b) and UST systems subject to RCRA Subtitle C corrective 
action requirements under section 3004(u) of the Resource Conservation 
and Recovery Act, as amended.



Sec. 280.61  Initial response.

    Upon confirmation of a release in accordance with Sec. 280.52 or 
after a release from the UST system is identified in any other manner, 
owners and operators must perform the following initial response actions 
within 24 hours of a release or within another reasonable period of time 
determined by the implementing agency:
    (a) Report the release to the implementing agency (e.g., by 
telephone or electronic mail);
    (b) Take immediate action to prevent any further release of the 
regulated substance into the environment; and
    (c) Identify and mitigate fire, explosion, and vapor hazards.



Sec. 280.62  Initial abatement measures and site check.

    (a) Unless directed to do otherwise by the implementing agency, 
owners and operators must perform the following abatement measures:
    (1) Remove as much of the regulated substance from the UST system as 
is necessary to prevent further release to the environment;
    (2) Visually inspect any aboveground releases or exposed belowground 
releases and prevent further migration of the released substance into 
surrounding soils and ground water;
    (3) Continue to monitor and mitigate any additional fire and safety 
hazards posed by vapors or free product that have migrated from the UST 
excavation zone and entered into subsurface structures (such as sewers 
or basements);
    (4) Remedy hazards posed by contaminated soils that are excavated or 
exposed as a result of release confirmation, site investigation, 
abatement, or corrective action activities. If these remedies include 
treatment or disposal of soils, the owner and operator must comply with 
applicable State and local requirements;
    (5) Measure for the presence of a release where contamination is 
most likely to be present at the UST site, unless the presence and 
source of the release have been confirmed in accordance with the site 
check required by Sec. 280.52(b) or the closure site assessment of 
Sec. 280.72(a). In selecting sample

[[Page 997]]

types, sample locations, and measurement methods, the owner and operator 
must consider the nature of the stored substance, the type of backfill, 
depth to ground water and other factors as appropriate for identifying 
the presence and source of the release; and
    (6) Investigate to determine the possible presence of free product, 
and begin free product removal as soon as practicable and in accordance 
with Sec. 280.64.
    (b) Within 20 days after release confirmation, or within another 
reasonable period of time determined by the implementing agency, owners 
and operators must submit a report to the implementing agency 
summarizing the initial abatement steps taken under paragraph (a) of 
this section and any resulting information or data.



Sec. 280.63  Initial site characterization.

    (a) Unless directed to do otherwise by the implementing agency, 
owners and operators must assemble information about the site and the 
nature of the release, including information gained while confirming the 
release or completing the initial abatement measures in Secs. 280.60 and 
280.61. This information must include, but is not necessarily limited to 
the following:
    (1) Data on the nature and estimated quantity of release;
    (2) Data from available sources   and/or site investigations 
concerning the following factors: surrounding populations, water 
quality, use and approximate locations of wells potentially affected by 
the release, subsurface soil conditions, locations of subsurface sewers, 
climatological conditions, and land use;
    (3) Results of the site check required under Sec. 280.62(a)(5); and
    (4) Results of the free product investigations required under 
Sec. 280.62(a)(6), to be used by owners and operators to determine 
whether free product must be recovered under Sec. 280.64.
    (b) Within 45 days of release confirmation or another reasonable 
period of time determined by the implementing agency, owners and 
operators must submit the information collected in compliance with 
paragraph (a) of this section to the implementing agency in a manner 
that demonstrates its applicability and technical adequacy, or in a 
format and according to the schedule required by the implementing 
agency.



Sec. 280.64  Free product removal.

    At sites where investigations under Sec. 280.62(a)(6) indicate the 
presence of free product, owners and operators must remove free product 
to the maximum extent practicable as determined by the implementing 
agency while continuing, as necessary, any actions initiated under 
Secs. 280.61 through 280.63, or preparing for actions required under 
Secs. 280.65 through 280.66. In meeting the requirements of this 
section, owners and operators must:
    (a) Conduct free product removal in a manner that minimizes the 
spread of contamination into previously uncontaminated zones by using 
recovery and disposal techniques appropriate to the hydrogeologic 
conditions at the site, and that properly treats, discharges or disposes 
of recovery byproducts in compliance with applicable local, State and 
Federal regulations;
    (b) Use abatement of free product migration as a minimum objective 
for the design of the free product removal system;
    (c) Handle any flammable products in a safe and competent manner to 
prevent fires or explosions; and
    (d) Unless directed to do otherwise by the implementing agency, 
prepare and submit to the implementing agency, within 45 days after 
confirming a release, a free product removal report that provides at 
least the following information:
    (1) The name of the person(s) responsible for implementing the free 
product removal measures;
    (2) The estimated quantity, type, and thickness of free product 
observed or measured in wells, boreholes, and excavations;
    (3) The type of free product recovery system used;
    (4) Whether any discharge will take place on-site or off-site during 
the recovery operation and where this discharge will be located;
    (5) The type of treatment applied to, and the effluent quality 
expected from, any discharge;

[[Page 998]]

    (6) The steps that have been or are being taken to obtain necessary 
permits for any discharge; and
    (7) The disposition of the recovered free product.



Sec. 280.65  Investigations for soil and ground-water cleanup.

    (a) In order to determine the full extent and location of soils 
contaminated by the release and the presence and concentrations of 
dissolved product contamination in the ground water, owners and 
operators must conduct investigations of the release, the release site, 
and the surrounding area possibly affected by the release if any of the 
following conditions exist:
    (1) There is evidence that ground-water wells have been affected by 
the release (e.g., as found during release confirmation or previous 
corrective action measures);
    (2) Free product is found to need recovery in compliance with 
Sec. 280.64;
    (3) There is evidence that contaminated soils may be in contact with 
ground water (e.g., as found during conduct of the initial response 
measures or investigations required under Secs. 280.60 through 280.64); 
and
    (4) The implementing agency requests an investigation, based on the 
potential effects of contaminated soil or ground water on nearby surface 
water and ground-water resources.
    (b) Owners and operators must submit the information collected under 
paragraph (a) of this section as soon as practicable or in accordance 
with a schedule established by the implementing agency.



Sec. 280.66  Corrective action plan.

    (a) At any point after reviewing the information submitted in 
compliance with Secs. 280.61 through 280.63, the implementing agency may 
require owners and operators to submit additional information or to 
develop and submit a corrective action plan for responding to 
contaminated soils and ground water. If a plan is required, owners and 
operators must submit the plan according to a schedule and format 
established by the implementing agency. Alternatively, owners and 
operators may, after fulfilling the requirements of Secs. 280.61 through 
280.63, choose to submit a corrective action plan for responding to 
contaminated soil and ground water. In either case, owners and operators 
are responsible for submitting a plan that provides for adequate 
protection of human health and the environment as determined by the 
implementing agency, and must modify their plan as necessary to meet 
this standard.
    (b) The implementing agency will approve the corrective action plan 
only after ensuring that implementation of the plan will adequately 
protect human health, safety, and the environment. In making this 
determination, the implementing agency should consider the following 
factors as appropriate:
    (1) The physical and chemical characteristics of the regulated 
substance, including its toxicity, persistence, and potential for 
migration;
    (2) The hydrogeologic characteristics of the facility and the 
surrounding area;
    (3) The proximity, quality, and current and future uses of nearby 
surface water and ground water;
    (4) The potential effects of residual contamination on nearby 
surface water and ground water;
    (5) An exposure assessment; and
    (6) Any information assembled in compliance with this subpart.
    (c) Upon approval of the corrective action plan or as directed by 
the implementing agency, owners and operators must implement the plan, 
including modifications to the plan made by the implementing agency. 
They must monitor, evaluate, and report the results of implementing the 
plan in accordance with a schedule and in a format established by the 
implementing agency.
    (d) Owners and operators may, in the interest of minimizing 
environmental contamination and promoting more effective cleanup, begin 
cleanup of soil and ground water before the corrective action plan is 
approved provided that they:
    (1) Notify the implementing agency of their intention to begin 
cleanup;
    (2) Comply with any conditions imposed by the implementing agency, 
including halting cleanup or mitigating adverse consequences from 
cleanup activities; and

[[Page 999]]

    (3) Incorporate these self-initiated cleanup measures in the 
corrective action plan that is submitted to the implementing agency for 
approval.



Sec. 280.67  Public participation.

    (a) For each confirmed release that requires a corrective action 
plan, the implementing agency must provide notice to the public by means 
designed to reach those members of the public directly affected by the 
release and the planned corrective action. This notice may include, but 
is not limited to, public notice in local newspapers, block 
advertisements, public service announcements, publication in a state 
register, letters to individual households, or personal contacts by 
field staff.
    (b) The implementing agency must ensure that site release 
information and decisions concerning the corrective action plan are made 
available to the public for inspection upon request.
    (c) Before approving a corrective action plan, the implementing 
agency may hold a public meeting to consider comments on the proposed 
corrective action plan if there is sufficient public interest, or for 
any other reason.
    (d) The implementing agency must give public notice that complies 
with paragraph (a) of this section if implementation of an approved 
corrective action plan does not achieve the established cleanup levels 
in the plan and termination of that plan is under consideration by the 
implementing agency.



            Subpart G--Out-of-Service UST Systems and Closure



Sec. 280.70  Temporary closure.

    (a) When an UST system is temporarily closed, owners and operators 
must continue operation and maintenance of corrosion protection in 
accordance with Sec. 280.31, and any release detection in accordance 
with subpart D. Subparts E and F must be complied with if a release is 
suspected or confirmed. However, release detection is not required as 
long as the UST system is empty. The UST system is empty when all 
materials have been removed using commonly employed practices so that no 
more than 2.5 centimeters (one inch) of residue, or 0.3 percent by 
weight of the total capacity of the UST system, remain in the system.
    (b) When an UST system is temporarily closed for 3 months or more, 
owners and operators must also comply with the following requirements:
    (1) Leave vent lines open and functioning; and
    (2) Cap and secure all other lines, pumps, manways, and ancillary 
equipment.
    (c) When an UST system is temporarily closed for more than 12 
months, owners and operators must permanently close the UST system if it 
does not meet either performance standards in Sec. 280.20 for new UST 
systems or the upgrading requirements in Sec. 280.21, except that the 
spill and overfill equipment requirements do not have to be met. Owners 
and operators must permanently close the substandard UST systems at the 
end of this 12-month period in accordance with Secs. 280.71-280.74, 
unless the implementing agency provides an extension of the 12-month 
temporary closure period. Owners and operators must complete a site 
assessment in accordance with Sec. 280.72 before such an extension can 
be applied for.



Sec. 280.71  Permanent closure and changes-in-service.

    (a) At least 30 days before beginning either permanent closure or a 
change-in-service under paragraphs (b) and (c) of this section, or 
within another reasonable time period determined by the implementing 
agency, owners and operators must notify the implementing agency of 
their intent to permanently close or make the change-in-service, unless 
such action is in response to corrective action. The required assessment 
of the excavation zone under Sec. 280.72 must be performed after 
notifying the implementing agency but before completion of the permanent 
closure or a change-in-service.
    (b) To permanently close a tank, owners and operators must empty and 
clean it by removing all liquids and accumulated sludges. All tanks 
taken out of service permanently must also be either removed from the 
ground or filled with an inert solid material.
    (c) Continued use of an UST system to store a non-regulated 
substance is

[[Page 1000]]

considered a change-in-service. Before a change-in-service, owners and 
operators must empty and clean the tank by removing all liquid and 
accumulated sludge and conduct a site assessment in accordance with 
Sec. 280.72.

    Note: The following cleaning and closure procedures may be used to 
comply with this section:
    (A) American Petroleum Institute Recommended Practice 1604, 
``Removal and Disposal of Used Underground Petroleum Storage Tanks'';
    (B) American Petroleum Institute Publication 2015, ``Cleaning 
Petroleum Storage Tanks'';
    (C) American Petroleum Institute Recommended Practice 1631, 
``Interior Lining of Underground Storage Tanks,'' may be used as 
guidance for compliance with this section; and
    (D) The National Institute for Occupational Safety and Health 
``Criteria for a Recommended Standard * * * Working in Confined Space'' 
may be used as guidance for conducting safe closure procedures at some 
hazardous substance tanks.



Sec. 280.72  Assessing the site at closure or change-in-service.

    (a) Before permanent closure or a change-in-service is completed, 
owners and operators must measure for the presence of a release where 
contamination is most likely to be present at the UST site. In selecting 
sample types, sample locations, and measurement methods, owners and 
operators must consider the method of closure, the nature of the stored 
substance, the type of backfill, the depth to ground water, and other 
factors appropriate for identifying the presence of a release. The 
requirements of this section are satisfied if one of the external 
release detection methods allowed in Sec. 280.43 (e) and (f) is 
operating in accordance with the requirements in Sec. 280.43 at the time 
of closure, and indicates no release has occurred.
    (b) If contaminated soils, contaminated ground water, or free 
product as a liquid or vapor is discovered under paragraph (a) of this 
section, or by any other manner, owners and operators must begin 
corrective action in accordance with subpart F.



Sec. 280.73  Applicability to previously closed UST systems.

    When directed by the implementing agency, the owner and operator of 
an UST system permanently closed before December 22, 1988 must assess 
the excavation zone and close the UST system in accordance with this 
subpart if releases from the UST may, in the judgment of the 
implementing agency, pose a current or potential threat to human health 
and the environment.



Sec. 280.74  Closure records.

    Owners and operators must maintain records in accordance with 
Sec. 280.34 that are capable of demonstrating compliance with closure 
requirements under this subpart. The results of the excavation zone 
assessment required in Sec. 280.72 must be maintained for at least 3 
years after completion of permanent closure or change-in-service in one 
of the following ways:
    (a) By the owners and operators who took the UST system out of 
service;
    (b) By the current owners and operators of the UST system site; or
    (c) By mailing these records to the implementing agency if they 
cannot be maintained at the closed facility.



                   Subpart H--Financial Responsibility

    Source: 53 FR 43370, Oct. 26, 1988, unless otherwise noted.



Sec. 280.90  Applicability.

    (a) This subpart applies to owners and operators of all petroleum 
underground storage tank (UST) systems except as otherwise provided in 
this section.
    (b) Owners and operators of petroleum UST systems are subject to 
these requirements if they are in operation on or after the date for 
compliance established in Sec. 280.91.
    (c) State and Federal government entities whose debts and 
liabilities are the debts and liabilities of a state or the United 
States are exempt from the requirements of this subpart.
    (d) The requirements of this subpart do not apply to owners and 
operators of any UST system described in Sec. 280.10 (b) or (c).

[[Page 1001]]

    (e) If the owner and operator of a petroleum underground storage 
tank are separate persons, only one person is required to demonstrate 
financial responsibility; however, both parties are liable in event of 
noncompliance. Regardless of which party complies, the date set for 
compliance at a particular facility is determined by the characteristics 
of the owner as set forth in Sec. 280.91.



Sec. 280.91  Compliance dates.

    Owners of petroleum underground storage tanks are required to comply 
with the requirements of this subpart by the following dates:
    (a) All petroleum marketing firms owning 1,000 or more USTs and all 
other UST owners that report a tangible net worth of $20 million or more 
to the U.S. Securities and Exchange Commission (SEC), Dun and 
Bradstreet, the Energy Information Administration, or the Rural 
Electrification Administration; January 24, 1989, except that compliance 
with Sec. 280.94(b) is required by: July 24, 1989.
    (b) All petroleum marketing firms owning 100-999 USTs; October 26, 
1989.
    (c) All petroleum marketing firms owning 13-99 USTs at more than one 
facility; April 26, 1991.
    (d) All petroleum UST owners not described in paragraphs (a), (b), 
or (c) of this section, excluding local government entities; December 
31, 1993.
    (e) All local government entities (including Indian tribes) not 
included in paragraph (f) of this section; February 18, 1994.
    (f) Indian tribes that own USTs on Indian lands which meet the 
applicable technical requirements of this part; December 31, 1998.

[53 FR 43370, Oct. 26, 1988, as amended at 54 FR 5452, Feb. 3, 1989; 55 
FR 18567, May 2, 1990; 55 FR 46025, Oct. 31, 1990; 56 FR 66373, Dec. 23, 
1991; 59 FR 9607, Feb. 28, 1994]



Sec. 280.92  Definition of terms.

    When used in this subpart, the following terms shall have the 
meanings given below:
     Accidental release means any sudden or nonsudden release of 
petroleum from an underground storage tank that results in a need for 
corrective action and/or compensation for bodily injury or property 
damage neither expected nor intended by the tank owner or operator.
     Bodily injury shall have the meaning given to this term by 
applicable state law; however, this term shall not include those 
liabilities which, consistent with standard insurance industry 
practices, are excluded from coverage in liability insurance policies 
for bodily injury.
    Chief Financial Officer, in the case of local government owners and 
operators, means the individual with the overall authority and 
responsibility for the collection, disbursement, and use of funds by the 
local government.
     Controlling interest means direct ownership of at least 50 percent 
of the voting stock of another entity.
     Director of the Implementing Agency means the EPA Regional 
Administrator, or, in the case of a state with a program approved under 
section 9004, the Director of the designated state or local agency 
responsible for carrying out an approved UST program.
     Financial reporting year means the latest consecutive twelve-month 
period for which any of the following reports used to support a 
financial test is prepared:
    (1) a 10-K report submitted to the SEC;
    (2) an annual report of tangible net worth submitted to Dun and 
Bradstreet; or
    (3) annual reports submitted to the Energy Information 
Administration or the Rural Electrification Administration.

``Financial reporting year'' may thus comprise a fiscal or a calendar 
year period.
     Legal defense cost is any expense that an owner or operator or 
provider of financial assurance incurs in defending against claims or 
actions brought,
    (1) By EPA or a state to require corrective action or to recover the 
costs of corrective action;
    (2) By or on behalf of a third party for bodily injury or property 
damage caused by an accidental release; or
    (3) By any person to enforce the terms of a financial assurance 
mechanism.
    Local government shall have the meaning given this term by 
applicable

[[Page 1002]]

state law and includes Indian tribes. The term is generally intended to 
include: (1) Counties, municipalities, townships, separately chartered 
and operated special districts (including local government public 
transit systems and redevelopment authorities), and independent school 
districts authorized as governmental bodies by state charter or 
constitution; and (2) Special districts and independent school districts 
established by counties, municipalities, townships, and other general 
purpose governments to provide essential services.
     Occurrence means an accident, including continuous or repeated 
exposure to conditions, which results in a release from an underground 
storage tank.

    Note: This definition is intended to assist in the understanding of 
these regulations and is not intended either to limit the meaning of 
``occurrence'' in a way that conflicts with standard insurance usage or 
to prevent the use of other standard insurance terms in place of 
``occurrence.''

     Owner or operator, when the owner or operator are separate parties, 
refers to the party that is obtaining or has obtained financial 
assurances.
     Petroleum marketing facilities include all facilities at which 
petroleum is produced or refined and all facilities from which petroleum 
is sold or transferred to other petroleum marketers or to the public.
     Petroleum marketing firms are all firms owning petroleum marketing 
facilities. Firms owning other types of facilities with USTs as well as 
petroleum marketing facilities are considered to be petroleum marketing 
firms.
     Property damage shall have the meaning given this term by 
applicable state law. This term shall not include those liabilities 
which, consistent with standard insurance industry practices, are 
excluded from coverage in liability insurance policies for property 
damage. However, such exclusions for property damage shall not include 
corrective action associated with releases from tanks which are covered 
by the policy.
     Provider of financial assurance means an entity that provides 
financial assurance to an owner or operator of an underground storage 
tank through one of the mechanisms listed in Secs. 280.95-280.103, 
including a guarantor, insurer, risk retention group, surety, issuer of 
a letter of credit, issuer of a state-required mechanism, or a state.
     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 
guarantee contract is issued ``incident to that relationship'' if it 
arises from and depends on existing economic transactions between the 
guarantor and the owner or operator.
    Substantial governmental relationship means the extent of a 
governmental relationship necessary under applicable state law to make 
an added guarantee contract issued incident to that relationship valid 
and enforceable. A guarantee contract is issued ``incident to that 
relationship'' if it arises from a clear commonality of interest in the 
event of an UST release such as coterminous boundaries, overlapping 
constituencies, common ground-water aquifer, or other relationship other 
than monetary compensation that provides a motivation for the guarantor 
to provide a guarantee.
     Tangible net worth means the tangible assets that remain after 
deducting liabilities; such assets do not include intangibles such as 
goodwill and rights to patents or royalties. For purposes of this 
definition, ``assets'' means all existing and all probable future 
economic benefits obtained or controlled by a particular entity as a 
result of past transactions.
     Termination under Sec. 280.97(b)(1) and Sec. 280.97(b)(2) means 
only those changes that could result in a gap in coverage as where the 
insured has not obtained substitute coverage or has obtained substitute 
coverage with a different retroactive date than the retroactive date of 
the original policy.

[53 FR 43370, Oct. 26, 1988, as amended at 54 FR 47081, Nov. 9, 1989; 58 
FR 9050, Feb. 18, 1993]



Sec. 280.93  Amount and scope of required financial responsibility.

    (a) Owners or operators of petroleum underground storage tanks must 
demonstrate financial responsibility for

[[Page 1003]]

taking corrective action and for compensating third parties for bodily 
injury and property damage caused by accidental releases arising from 
the operation of petroleum underground storage tanks in at least the 
following per-occurrence amounts:
    (1) For owners or operators of petroleum underground storage tanks 
that are located at petroleum marketing facilities, or that handle an 
average of more than 10,000 gallons of petroleum per month based on 
annual throughput for the previous calendar year; $1 million.
    (2) For all other owners or operators of petroleum underground 
storage tanks; $500,000.
    (b) Owners or operators of petroleum underground storage tanks must 
demonstrate financial responsibility for taking corrective action and 
for compensating third parties for bodily injury and property damage 
caused by accidental releases arising from the operation of petroleum 
underground storage tanks in at least the following annual aggregate 
amounts:
    (1) For owners or operators of 1 to 100 petroleum underground 
storage tanks, $1 million; and
    (2) For owners or operators of 101 or more petroleum underground 
storage tanks, $2 million.
    (c) For the purposes of paragraphs (b) and (f) of this section, 
only, ``a petroleum underground storage tank'' means a single 
containment unit and does not mean combinations of single containment 
units.
    (d) Except as provided in paragraph (e) of this section, if the 
owner or operator uses separate mechanisms or separate combinations of 
mechanisms to demonstrate financial responsibility for:
    (1) Taking corrective action;
    (2) Compensating third parties for bodily injury and property damage 
caused by sudden accidental releases; or
    (3) Compensating third parties for bodily injury and property damage 
caused by nonsudden accidental releases, the amount of assurance 
provided by each mechanism or combination of mechanisms must be in the 
full amount specified in paragraphs (a) and (b) of this section.
    (e) If an owner or operator uses separate mechanisms or separate 
combinations of mechanisms to demonstrate financial responsibility for 
different petroleum underground storage tanks, the annual aggregate 
required shall be based on the number of tanks covered by each such 
separate mechanism or combination of mechanisms.
    (f) Owners or operators shall review the amount of aggregate 
assurance provided whenever additional petroleum underground storage 
tanks are acquired or installed. If the number of petroleum underground 
storage tanks for which assurance must be provided exceeds 100, the 
owner or operator shall demonstrate financial responsibility in the 
amount of at least $2 million of annual aggregate assurance by the 
anniversary of the date on which the mechanism demonstrating financial 
responsibility became effective. If assurance is being demonstrated by a 
combination of mechanisms, the owner or operator shall demonstrate 
financial responsibility in the amount of at least $2 million of annual 
aggregate assurance by the first-occurring effective date anniversary of 
any one of the mechanisms combined (other than a financial test or 
guarantee) to provide assurance.
    (g) The amounts of assurance required under this section exclude 
legal defense costs.
    (h) The required per-occurrence and annual aggregate coverage 
amounts do not in any way limit the liability of the owner or operator.



Sec. 280.94  Allowable mechanisms and combinations of mechanisms.

    (a) Subject to the limitations of paragraphs (b) and (c) of this 
section,
    (1) An owner or operator, including a local government owner or 
operator, may use any one or combination of the mechanisms listed in 
Secs. 280.95 through 280.103 to demonstrate financial responsibility 
under this subpart for one or more underground storage tanks, and
    (2) A local government owner or operator may use any one or 
combination of the mechanisms listed in Secs. 280.104 through 280.107 to 
demonstrate financial responsibility under this subpart for one or more 
underground storage tanks.

[[Page 1004]]

    (b) An owner or operator may use a guarantee under Sec. 280.96 or 
surety bond under Sec. 280.98 to establish financial responsibility only 
if the Attorney(s) General of the state(s) in which the underground 
storage tanks are located has (have) submitted a written statement to 
the implementing agency that a guarantee or surety bond executed as 
described in this section is a legally valid and enforceable obligation 
in that state.
    (c) An owner or operator may use self-insurance in combination with 
a guarantee only if, for the purpose of meeting the requirements of the 
financial test under this rule, the financial statements of the owner or 
operator are not consolidated with the financial statements of the 
guarantor.

[53 FR 43370, Oct. 26, 1988, as amended at 58 FR 9051, Feb. 18, 1993]



Sec. 280.95  Financial test of self-insurance.

    (a) An owner or operator, and/or guarantor, may satisfy the 
requirements of Sec. 280.93 by passing a financial test as specified in 
this section. To pass the financial test of self-insurance, the owner or 
operator, and/or guarantor must meet the criteria of paragraph (b) or 
(c) of this section based on year-end financial statements for the 
latest completed fiscal year.
    (b)(1) The owner or operator, and/or guarantor, must have a tangible 
net worth of at least ten times:
    (i) The total of the applicable aggregate amount required by 
Sec. 280.93, based on the number of underground storage tanks for which 
a financial test is used to demonstrate financial responsibility to EPA 
under this section or to a state implementing agency under a state 
program approved by EPA under 40 CFR part 281;
    (ii) The sum of the corrective action cost estimates, the current 
closure and post-closure care cost estimates, and amount of liability 
coverage for which a financial test is used to demonstrate financial 
responsibility to EPA under 40 CFR 264.101, 264.143, 264.145, 265.143, 
165.145, 264.147, and 265.147 or to a state implementing agency under a 
state program authorized by EPA under 40 CFR part 271; and
    (iii) The sum of current plugging and abandonment cost estimates for 
which a financial test is used to demonstrate financial responsibility 
to EPA under 40 CFR 144.63 or to a state implementing agency under a 
state program authorized by EPA under 40 CFR part 145.
    (2) The owner or operator, and/or guarantor, must have a tangible 
net worth of at least $10 million.
    (3) The owner or operator, and/or guarantor, must have a letter 
signed by the chief financial officer worded as specified in paragraph 
(d) of this section.
    (4) The owner or operator, and/or guarantor, must either:
    (i) File financial statements annually with the U.S. Securities and 
Exchange Commission, the Energy Information Administration, or the Rural 
Electrification Administration; or
    (ii) Report annually the firm's tangible net worth to Dun and 
Bradstreet, and Dun and Bradstreet must have assigned the firm a 
financial strength rating of 4A or 5A.
    (5) The firm's year-end financial statements, if independently 
audited, cannot include an adverse auditor's opinion, a disclaimer of 
opinion, or a ``going concern'' qualification.
    (c)(1) The owner or operator, and/or guarantor must meet the 
financial test requirements of 40 CFR 264.147(f)(1), substituting the 
appropriate amounts specified in Sec. 280.93 (b)(1) and (b)(2) for the 
``amount of liability coverage'' each time specified in that section.
    (2) The fiscal year-end financial statements of the owner or 
operator, and/or guarantor, must be examined by an independent certified 
public accountant and be accompanied by the accountant's report of the 
examination.
    (3) The firm's year-end financial statements cannot include an 
adverse auditor's opinion, a disclaimer of opinion, or a ``going 
concern'' qualification.
    (4) The owner or operator, and/or guarantor, must have a letter 
signed by the chief financial officer, worded as specified in paragraph 
(d) of this section.
    (5) If the financial statements of the owner or operator, and/or 
guarantor, are not submitted annually to the U.S. Securities and 
Exchange Commission,

[[Page 1005]]

the Energy Information Administration or the Rural Electrification 
Administration, the owner or operator, and/or guarantor, must obtain a 
special report by an independent certified public accountant stating 
that:
    (i) He has compared the data that the letter form the chief 
financial officer specifies as having been derived from the latest year-
end financial statements of the owner or operator, and/or guarantor, 
with the amounts in such financial statements; and
    (ii) In connection with that comparison, no matters came to his 
attention which caused him to believe that the specified data should be 
adjusted.
    (d) To demonstrate that it meets the financial test under paragraph 
(b) or (c) of this section, the chief financial officer of the owner or 
operator, or guarantor, must sign, within 120 days of the close of each 
financial reporting year, as defined by the twelve-month period for 
which financial statements used to support the financial test are 
prepared, a letter worded exactly as follows, except that the 
instructions in brackets are to be replaced by the relevant information 
and the brackets deleted:

                   Letter from Chief Financial Officer

    I am the chief financial officer of [insert: name and address of the 
owner or operator, or guarantor]. This letter is in support of the use 
of [insert: ``the financial test of self-insurance,'' and/or 
``guarantee''] to demonstrate financial responsibility for [insert: 
``taking corrective action'' and/or ``compensating third parties for 
bodily injury and property damage''] caused by [insert: ``suddent 
accidential releases'' and/or ``nonsudden accidential releases''] in the 
amount of at least [insert: dollar amount] per occurrence and [insert: 
dollar amount] annual aggregate arising from operating (an) underground 
storage tank(s).
    Underground storage tanks at the following facilities are assured by 
this financial test or a financial test under an authorized State 
program by this [insert: ``owner or operator,'' and/or ``guarantor'']: 
[List for each facility: the name and address of the facility where 
tanks assured by this financial test are located, and whether tanks are 
assured by this financial test or a financial test under a State program 
approved under 40 CFR part 281. If separate mechanisms or combinations 
of mechanisms are being used to assure any of the tanks at this 
facility, list each tank assured by this financial test or a financial 
test under a State program authorized under 40 CFR part 281 by the tank 
identification number provided in the notification submitted pursuant to 
40 CFR 280.22 or the corresponding State requirements.]
    A [insert: ``financial test,'' and/or ``guarantee''] is also used by 
this [insert: ``owner or operator,'' or ``guarantor''] to demonstrate 
evidence of financial responsibility in the following amounts under 
other EPA regulations or state programs authorized by EPA under 40 CFR 
parts 271 and 145:

                                                                        
                     EPA Regulations                          Amount    
                                                                        
Closure (Secs.  264.143 and 265.143)....................       $________
Post-Closure Care (Secs.  264.145 and 265.145)..........       $________
Liability Coverage (Secs.  264.147 and 265.147).........       $________
Corrective Action (Secs.  264.101(b))...................       $________
Plugging and Abandonment (Sec.  144.63).................       $________
Closure.................................................       $________
Post-Closure Care.......................................       $________
Liabilitly Coverage.....................................       $________
Corrective Action.......................................       $________
Plugging and Abandonment................................       $________
    Total...............................................       $________
                                                                        

    This [insert: ``owner or operator,'' or ``guarantor''] has not 
received an adverse opinion, a disclaimer of opinion, or a ``going 
concern'' qualification from an independent auditor on his financial 
statements for the latest completed fiscal year.
    [Fill in the information for Alternative I if the criteria of 
paragraph (b) of Sec. 280.95 are being used to demonstrate compliance 
with the financial test requirements. Fill in the information for 
Alternative II if the criteria of paragraph (c) of Sec. 280.95 are being 
used to demonstrate compliance with the financial test requirements.]

                              Alternative I                             
1..  Amount of annual UST aggregate coverage being                      
      assured by a financial test, and/or guarantee....        $________
2..  Amount of corrective action, closure and post-                     
      closure care costs, liability coverage, and                       
      plugging and abandonment costs covered by a                       
      financial test, and/or guarantee.................        $________
3..  Sum of lines 1 and 2..............................        $________
4..  Total tangible assets.............................        $________

[[Page 1006]]

                                                                        
5..  Total liabilities [if any of the amount reported                   
      on line 3 is included in total liabilities, you                   
      may deduct that amount from this line and add                     
      that amount to line 6]...........................        $________
6..  Tangible net worth [subtract line 5 from line 4]..        $________
                                                                 Yes  No
7..  Is line 6 at least $10 million?...................         ____  __
8..  Is line 6 at least 10 times line 3?...............         ____  __
9..  Have financial statements for the latest fiscal                    
      year been filed with the Securities and Exchange                  
      Commission?......................................         ____  __
10.  Have financial statements for the latest fiscal                    
      year been filed with the Energy Information                       
      Administration?..................................         ____  __
11.  Have financial statements for the lastest fiscal                   
      year been filed with the Rural Electrification                    
      Administration?..................................         ____  __
12.  Has financial information been provided to Dun and                 
      Bradstreet, and has Dun and Bradstreet provided a                 
      financial strength rating of 4A or 5A? [Answer                    
      ``Yes'' only if both criteria have been met.]....         ____  __
                                                                        
                             Alternative II                             
                                                                        
1..  Amount of annual UST aggregate coverage being                      
      assured by a test, and/or guarantee..............        $________
2..  Amount of corrective action, closure and post-                     
      closure care costs, liability coverage, and                       
      plugging and abandonment costs covered by a                       
      financial test, and/or guarantee.................        $________
3..  Sum of lines 1 and 2..............................        $________
4..  Total tangible assets.............................        $________
5..  Total liabilities [if any of the amount reported                   
      on line 3 is included in total liabilities, you                   
      may deduct that amount from this line and add                     
      that amount to line 6]...........................        $________
6..  Tangible net worth [subtract line 5 from line 4]..        $________
7..  Total assets in the U.S. [required only if less                    
      than 90 percent of assets are located in the                      
      U.S.]............................................        $________
                                                                 Yes  No
8..  Is line 6 at least $10 million?...................        $____  __
9..  Is line 6 at least 6 times line 3?................         ____  __
10.  Are at least 90 percent of assets located in the                   
      U.S.? [If ``No,'' complete line 11.].............         ____  __
11.  Is line 7 at least 6 times line 3?................         ____  __
              [Fill in either lines 12-15 or lines 16-18:]              
12.  Current assets....................................        $________
13.  Current liabilities...............................         ________
14.  Net working capital [subtract line 13 from line                    
      12]..............................................       __________
                                                                 Yes  No
15.  Is line 14 at least 6 times line 3?...............         ____  __
16.  Current bond rating of most recent bond issue.....         ____  __
17.  Name of rating service............................         ____  __
18.  Date of maturity of bond..........................         ____  __
19.  Have financial statements for the latest fiscal                    
      year been filed with the SEC, the Energy                          
      Information Administration, or the Rural                          
      Electrification Administration?..................         ____  __
                                                                        

    [If ``No,'' please attach a report from an independent certified 
public accountant certifying that there are no material differences 
between the data as reported in lines 4-18 above and the financial 
statements for the latest fiscal year.]
    [For both Alternative I and Alternative II complete the 
certification with this statement.]
    I hereby certify that the wording of this letter is identical to the 
wording specified in 40 CFR part 280.95(d) as such regulations were 
constituted on the date shown immediately below.
    [Signature]
    [Name]
    [Title]
    [Date]

    (e) If an owner or operator using the test to provide financial 
assurance finds that he or she no longer meets the requirements of the 
financial test

[[Page 1007]]

based on the year-end financial statements, the owner or operator must 
obtain alternative coverage within 150 days of the end of the year for 
which financial statements have been prepared.
    (f) The Director of the implementing agency may require reports of 
financial condition at any time from the owner or operator, and/or 
guarantor. If the Director finds, on the basis of such reports or other 
information, that the owner or operator, and/or guarantor, no longer 
meets the financial test requirements of Sec. 280.95(b) or (c) and (d), 
the owner or operator must obtain alternate coverage within 30 days 
after notification of such a finding.
    (g) If the owner or operator fails to obtain alternate assurance 
within 150 days of finding that he or she no longer meets the 
requirements of the financial test based on the year-end financial 
statements, or within 30 days of notification by the Director of the 
implementing agency that he or she no longer meets the requirements of 
the financial test, the owner or operator must notify the Director of 
such failure within 10 days.



Sec. 280.96  Guarantee.

    (a) An owner or operator may satisfy the requirements of Sec. 280.93 
by obtaining a guarantee that conforms to the requirements of this 
section. The guarantor must be:
    (1) A firm that (i) possesses a controlling interest in the owner or 
operator; (ii) possesses a controlling interest in a firm described 
under paragraph (a)(1)(i) of this section; or, (iii) is controlled 
through stock ownership by a common parent firm that possesses a 
controlling interest in the owner or operator; or,
    (2) A firm engaged in a substantial business relationship with the 
owner or operator and issuing the guarantee as an act incident to that 
business relationship.
    (b) Within 120 days of the close of each financial reporting year 
the guarantor must demonstrate that it meets the financial test criteria 
of Sec. 280.95 based on year-end financial statements for the latest 
completed financial reporting year by completing the letter from the 
chief financial officer described in Sec. 280.95(d) and must deliver the 
letter to the owner or operator. If the guarantor fails to meet the 
requirements of the financial test at the end of any financial reporting 
year, within 120 days of the end of that financial reporting year the 
guarantor shall send by certified mail, before cancellation or 
nonrenewal of the guarantee, notice to the owner or operator. If the 
Director of the implementing agency notifies the guarantor that he no 
longer meets the requirements of the financial test of Sec. 280.95 (b) 
or (c) and (d), the guarantor must notify the owner or operator within 
10 days of receiving such notification from the Director. In both cases, 
the guarantee will terminate no less than 120 days after the date the 
owner or operator receives the notification, as evidenced by the return 
receipt. The owner or operator must obtain alternative coverage as 
specified in Sec. 280.110(c).
    (c) The guarantee must be worded as follows, except that 
instructions in brackets are to be replaced with the relevant 
information and the brackets deleted:

                                Guarantee

    Guarantee made this [date] by [name of guaranteeing entity], a 
business entity organized under the laws of the state of [name of 
state], herein referred to as guarantor, to [the state implementing 
agency] and to any and all third parties, and obligees, on behalf of 
[owner or operator] of [business address].

                                Recitals.

    (1) Guarantor meets or exceeds the financial test criteria of 40 CFR 
280.95 (b) or (c) and (d) and agrees to comply with the requirements for 
guarantors as specified in 40 CFR 280.96(b).
    (2) [Owner or operator] owns or operates the following underground 
storage tank(s) covered by this guarantee: [List the number of tanks at 
each facility and the name(s) and address(es) of the facility(ies) where 
the tanks are located. If more than one instrument is used to assure 
different tanks at any one facility, for each tank covered by this 
instrument, list the tank identification number provided in the 
notification submitted pursuant to 40 CFR 280.22 or the corresponding 
state requirement, and the name and address of the facility.] This 
guarantee satisfies 40 CFR part 280, subpart H requirements for assuring 
funding for [insert: ``taking corrective action'' and/or ``compensating 
third parties for bodily injury and property damage caused by'' either 
``sudden accidental releases'' or ``nonsudden accidental releases''

[[Page 1008]]

or ``accidental releases''; if coverage is different for different tanks 
or locations, indicate the type of coverage applicable to each tank or 
location] arising from operating the above-identified underground 
storage tank(s) in the amount of [insert dollar amount] per occurrence 
and [insert dollar amount] annual aggregate.
    (3) [Insert appropriate phrase: ``On behalf of our subsidiary'' (if 
guarantor is corporate parent of the owner or operator); ``On behalf of 
our affiliate'' (if guarantor is a related firm of the owner or 
operator); or ``Incident to our business relationship with'' (if 
guarantor is providing the guarantee as an incident to a substantial 
business relationship with owner or operator)] [owner or operator], 
guarantor guarantees to [implementing agency] and to any and all third 
parties that:
    In the event that [owner or operator] fails to provide alternative 
coverage within 60 days after receipt of a notice of cancellation of 
this guarantee and the [Director of the implementing agency] has 
determined or suspects that a release has occurred at an underground 
storage tank covered by this guarantee, the guarantor, upon instructions 
from the [Director], shall fund a standby trust fund in accordance with 
the provisions of 40 CFR 280.108, in an amount not to exceed the 
coverage limits specified above.
    In the event that the [Director] determines that [owner or operator] 
has failed to perform corrective action for releases arising out of the 
operation of the above-identified tank(s) in accordance with 40 CFR part 
280, subpart F, the guarantor upon written instructions from the 
[Director] shall fund a standby trust in accordance with the provisions 
of 40 CFR 280.108, in an amount not to exceed the coverage limits 
specified above.
    If [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''] accidential 
releases arising from the operation of the above-identified tank(s), 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, upon 
written instructions from the [Director], shall fund a standby trust in 
accordance with the provisions of 40 CFR 280.108 to satisfy such 
judgment(s), award(s), or settlement agreement(s) up to the limits of 
coverage specified above.
    (4) Guarantor agrees that if, at the end of any fiscal year before 
cancellation of this guarantee, the guarantor fails to meet the 
financial test criteria of 40 CFR 280.95 (b) or (c) and (d), guarantor 
shall send within 120 days of such failure, by certified mail, notice to 
[owner or operator]. The guarantee will terminate 120 days from the date 
of receipt of the notice by [owner or operator], as evidenced by the 
return receipt.
    (5) Guarantor agrees to notify [owner or operator] 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.
    (6) Guarantor agrees to remain bound under this guarantee 
notwithstanding any modification or alteration of any obligation of 
[owner or operator] pursuant to 40 CFR part 280.
    (7) Guarantor agrees to remain bound under this guarantee for so 
long as [owner or operator] must comply with the applicable financial 
responsibility requirements of 40 CFR part 280, subpart H for the above-
identified tank(s), except that guarantor may cancel this guarantee by 
sending notice by certified mail to [owner or operator], such 
cancellation to become effective no earlier than 120 days after receipt 
of such notice by [owner or operator], as evidenced by the return 
receipt.
    (8) The guarantor's obligation does not apply to any of the 
following:
    (a) Any obligation of [insert owner or operator] under a workers' 
compensation, disability benefits, or unemployment compensation law or 
other similar law;
    (b) Bodily injury to an employee of [insert owner or operator] 
arising from, and in the course of, employment by [insert owner or 
operator];
    (c) Bodily injury or property damage arising from the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaded to, in the 
care, custody, or control of, or occupied by [insert owner or operator] 
that is not the direct result of a release from a petroleum underground 
storage tank;
    (e) Bodily damage 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 other than a contract or agreement 
entered into to meet the requirements of 40 CFR 280.93.
    (9) Guarantor expressly waives notice of acceptance of this 
guarantee by [the implementing agency], by any or all third parties, or 
by [owner or operator].
    I hereby certify that the wording of this guarantee is identical to 
the wording specified in 40 CFR 280.96(c) as such regulations were 
constituted on the effective date shown immediately below.
Effective date:_________________________________________________________
[Name of guarantor]
[Authorized signature for guarantor]
[Name of person signing]
[Title of person signing]
Signature of witness or notary:
_______________________________________________________________________


[[Page 1009]]

________________________________________________________________________
    (d) An owner or operator who uses a guarantee to satisfy the 
requirements of Sec. 280.93 must establish a standby trust fund when the 
guarantee is obtained. Under the terms of the guarantee, all amounts 
paid by the guarantor under the guarantee will be deposited directly 
into the standby trust fund in accordance with instructions from the 
Director of the implementing agency under Sec. 280.108. This standby 
trust fund must meet the requirements specified in Sec. 280.103.



Sec. 280.97  Insurance and risk retention group coverage.

    (a) An owner or operator may satisfy the requirements of Sec. 290.93 
by obtaining liability insurance that conforms to the requirements of 
this section from a qualified insurer or risk retention group. Such 
insurance may be in the form of a separate insurance policy or an 
endorsement to an existing insurance policy.
    (b) Each insurance policy must be amended by an endorsement worded 
as specified in paragraph (b)(1) of this section, or evidenced by a 
certificate of insurance worded as specified in paragraph (b)(2) of this 
section, except that instructions in brackets must be replaced with the 
relevant information and the brackets deleted:

                             (1) Endorsement

Name: [name of each covered location]
_______________________________________________________________________
_______________________________________________________________________
Address: [address of each covered location]
_______________________________________________________________________
_______________________________________________________________________
Policy Number:__________________________________________________________
Period of Coverage: [current policy period]
_______________________________________________________________________
_______________________________________________________________________
Name of [Insurer or Risk Retention Group]:
_______________________________________________________________________
_______________________________________________________________________
Address of [Insurer or Risk Retention Group]:
_______________________________________________________________________
_______________________________________________________________________
Name of Insured:________________________________________________________
Address of Insured:_____________________________________________________
_______________________________________________________________________
_______________________________________________________________________

                              Endorsement:

    1. This endorsement certifies that the policy to which the 
endorsement is attached provides liability insurance covering the 
following underground storage tanks:
    [List the number of tanks at each facility and the name(s) and 
address(es) of the facility(ies) where the tanks are located. If more 
than one instrument is used to assure different tanks at any one 
facility, for each tank covered by this instrument, list the tank 
identification number provided in the notification submitted pursuant to 
40 CFR 280.22, or the corresponding state requirement, and the name and 
address of the facility.]
for [insert: ``taking corrective action'' and/or ``compensating third 
parties for bodily injury and property damage caused by'' either 
``sudden accidental releases'' or ``nonsudden accidental releases'' or 
``accidental releases''; in accordance with and subject to the limits of 
liability, exclusions, conditions, and other terms of the policy; if 
coverage is different for different tanks or locations, indicate the 
type of coverage applicable to each tank or location] arising from 
operating the underground storage tank(s) identified above.
    The limits of liability are [insert the dollar amount of the ``each 
occurrence'' and ``annual aggregate'' limits of the Insurer's or Group's 
liability; if the amount of coverage is different for different types of 
coverage or for different underground storage tanks or locations, 
indicate the amount of coverage for each type of coverage and/or for 
each underground storage tank or location], exclusive of legal defense 
costs, which are subject to a separate limit under the policy. This 
coverage is provided under [policy number]. The effective date of said 
policy is [date].
    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 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'' or ``Group''] of its obligations under the policy to which 
this endorsement is attached.
    b. The [``Insurer'' or ``Group''] is liable for the payment of 
amounts within any deductible applicable to the policy to the provider 
of corrective action or a damaged third-party, with a right of 
reimbursement by the insured for any such payment made by the 
[``Insurer'' or ``Group'']. This provision does not apply with respect 
to that amount of any deductible for which coverage is demonstrated 
under another mechanism or combination of mechanisms as specified in 40 
CFR 280.95-280.102.
    c. Whenever requested by [a Director of an implementing agency], the 
[``Insurer'' or ``Group''] agrees to furnish to [the Director] a signed 
duplicate original of the policy and all endorsements.

[[Page 1010]]

    d. Cancellation or any other termination of the insurance by the 
[``Insurer'' or ``Group''], except for non-payment of premium or 
misrepresentation by the insured, 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 insured. Cancellation for non-payment 
of premium or misrepresentation by the insured will be effective only 
upon written notice and only after expiration of a minimum of 10 days 
after a copy of such written notice is received by the insured.
    [Insert for claims-made policies:
    e. The insurance covers claims otherwise covered by the policy that 
are reported to the [``Insurer'' or ``Group''] within six months of the 
effective date of cancellation or non-renewal of the policy except where 
the new or renewed policy has the same retroactive date or a retroactive 
date earlier than that of the prior policy, and which arise out of any 
covered occurrence that commenced after the policy retroactive date, if 
applicable, and prior to such policy renewal or termination date. Claims 
reported during such extended reporting period are subject to the terms, 
conditions, limits, including limits of liability, and exclusions of the 
policy.]
    I hereby certify that the wording of this instrument is identical to 
the wording in 40 CFR 280.97(b)(1) and that the [``Insurer'' or 
``Group''] 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 or Risk Retention 
Group]
[Name of person signing]
[Title of person signing], Authorized Representative of [name of Insurer 
or Risk Retention Group]
[Address of Representative]

                      (2) Certificate of Insurance

Name: [name of each covered location]
_______________________________________________________________________
_______________________________________________________________________
Address: [address of each covered location]
_______________________________________________________________________
_______________________________________________________________________
Policy Number:__________________________________________________________
Endorsement (if applicable):____________________________________________
Period of Coverage: [current policy period]
_______________________________________________________________________
Name of [Insurer or Risk Retention Group]:
_______________________________________________________________________
_______________________________________________________________________
Address of [Insurer or Risk Retention Group]:
_______________________________________________________________________
_______________________________________________________________________
Name of Insured:________________________________________________________
Address of Insured:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

                             Certification:

    1. [Name of Insurer or Risk Retention Group], [the ``Insurer'' or 
``Group''], as identified above, hereby certifies that it has issued 
liability insurance covering the following underground storage tank(s):
    [List the number of tanks at each facility and the name(s) and 
address(es) of the facility(ies) where the tanks are located. If more 
than one instrument is used to assure different tanks at any one 
facility, for each tank covered by this instrument, list the tank 
identification number provided in the notification submitted pursuant to 
40 CFR 280.22, or the corresponding state requirement, and the name and 
address of the facility.]
for [insert: ``taking corrective action'' and/or ``compensating third 
parties for bodily injury and property damage caused by'' either 
``sudden accidental releases'' or ``nonsudden accidental releases'' or 
``accidental releases''; in accordance with and subject to the limits of 
liability, exclusions, conditions, and other terms of the policy; if 
coverage is different for different tanks or locations, indicate the 
type of coverage applicable to each tank or location] arising from 
operating the underground storage tank(s) identified above.
    The limits of liability are [insert the dollar amount of the ``each 
occurrence'' and ``annual aggregate'' limits of the Insurer's or Group's 
liability; if the amount of coverage is different for different types of 
coverage or for different underground storage tanks or locations, 
indicate the amount of coverage for each type of coverage and/or for 
each underground storage tank or location], exclusive of legal defense 
costs, which are subject to a separate limit under the policy. This 
coverage is provided under [policy number]. The effective date of said 
policy is [date].
    2. The [``Insurer'' or ``Group''] 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'' or ``Group''] of its obligations under the policy to which 
this certificate applies.
    b. The [``Insurer'' or ``Group''] is liable for the payment of 
amounts within any deductible applicable to the policy to the provider 
of corrective action or a damaged third-party, with a right of 
reimbursement by the insured for any such payment made by the 
[``Insurer'' or ``Group'']. This provision does not apply with respect 
to that amount of any deductible for which coverage is demonstrated 
under another mechanism or combination of mechanisms as specified in 40 
CFR 280.95-280.102.
    c. Whenever requested by [a Director of an implementing agency], the 
[``Insurer'' or ``Group''] agrees to furnish to [the Director]

[[Page 1011]]

a signed duplicate original of the policy and all endorsements.
    d. Cancellation or any other termination of the insurance by the 
[``Insurer'' or ``Group''], except for non-payment of premium or 
misrepresentation by the insured, 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 insured. Cancellation for non-payment 
of premium or misrepresentation by the insured will be effective only 
upon written notice and only after expiration of a minimum of 10 days 
after a copy of such written notice is received by the insured.
    [Insert for claims-made policies:
    e. The insurance covers claims otherwise covered by the policy that 
are reported to the [``Insurer'' or ``Group''] within six months of the 
effective date of cancellation or non-renewal of the policy except where 
the new or renewed policy has the same retroactive date or a retroactive 
date earlier than that of the prior policy, and which arise out of any 
covered occurrence that commenced after the policy retroactive date, if 
applicable, and prior to such policy renewal or termination date. Claims 
reported during such extended reporting period are subject to the terms, 
conditions, limits, including limits of liability, and exclusions of the 
policy.]
    I hereby certify that the wording of this instrument is identical to 
the wording in 40 CFR 280.97(b)(2) and that the [``Insurer'' or 
``Group''] 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 or Risk Retention 
Group]
[Address of Representative]

    (c) Each insurance policy must be issued by an insurer or a risk 
retention group that, 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.

[53 FR 43370, Oct. 26, 1988, as amended at 54 FR 47081, Nov. 9, 1989]



Sec. 280.98  Surety bond.

    (a) An owner or operator may satisfy the requirements of Sec. 280.93 
by obtaining a surety bond that conforms to the requirements of this 
section. The surety company issuing the bond must be among those listed 
as acceptable sureties on federal bonds in the latest Circular 570 of 
the U.S. Department of the Treasury.
    (b) The surety bond must be worded as follows, except that 
instructions in brackets must be replaced with the relevant information 
and the brackets deleted:

                            Performance Bond

Date bond executed:_____________________________________________________
Period of coverage:_____________________________________________________
Principal: [legal name and business address of owner or operator]
_______________________________________________________________________
Type of organization: [insert ``individual,'' ``joint venture,'' 
``partnership,'' or ``corporation'']
_______________________________________________________________________
State of incorporation (if applicable):
_______________________________________________________________________
Surety(ies): [name(s) and business address(es)]
_______________________________________________________________________
Scope of Coverage: [List the number of tanks at each facility and the 
name(s) and address(es) of the facility(ies) where the tanks are 
located. If more than one instrument is used to assure different tanks 
at any one facility, for each tank covered by this instrument, list the 
tank identification number provided in the notification submitted 
pursuant to 40 CFR 280.22, or the corresponding state requirement, and 
the name and address of the facility. List the coverage guaranteed by 
the bond: ``taking corrective action'' and/or ``compensating third 
parties for bodily injury and property damage caused by'' either 
``sudden accidental releases'' or ``nonsudden accidental releases'' or 
``accidental releases'' ``arising from operating the underground storage 
tank''].

Penal sums of bond:
Per occurrence $________________________________________________________
Annual aggregate $______________________________________________________
Surety's bond number:___________________________________________________

    Know All Persons by These Presents, that we, the Principal and 
Surety(ies), hereto are firmly bound to [the implementing agency], in 
the above penal sums 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 sums 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 sums 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 sums.
    Whereas said Principal is required under Subtitle I of the Resource 
Conservation and

[[Page 1012]]

Recovery Act (RCRA), as amended, to provide financial assurance for 
[insert: ``taking corrective action'' and/or ``compensating third 
parties for bodily injury and property damage caused by'' either 
``sudden accidental releases'' or ``nonsudden accidental releases'' or 
``accidental releases''; if coverage is different for different tanks or 
locations, indicate the type of coverage applicable to each tank or 
location] arising from operating the underground storage tanks 
identified above, 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 [``take corrective action, in accordance 
with 40 CFR part 280, subpart F and the Director of the state 
implementing agency's instructions for,'' and/or ``compensate injured 
third parties for bodily injury and property damage caused by'' either 
``sudden'' or ``nonsudden'' or ``sudden and nonsudden''] accidental 
releases arising from operating the tank(s) indentified above, or if the 
Principal shall provide alternate financial assurance, as specified in 
40 CFR part 280, subpart H, within 120 days after the date the notice of 
cancellation is received by the Principal from the Surety(ies), then 
this obligation shall be null and void; otherwise it is to remain in 
full force and effect.
    Such obligation does not apply to any of the following:
    (a) Any obligation of [insert owner or operator] under a workers' 
compensation, disability benefits, or unemployment compensation law or 
other similar law;
    (b) Bodily injury to an employee of [insert owner or operator] 
arising from, and in the course of, employment by [insert owner or 
operator];
    (c) Bodily injury or property damage arising from the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaned to, in the 
care, custody, or control of, or occupied by [insert owner or operator] 
that is not the direct result of a release from a petroleum underground 
storage tank;
    (e) 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 other than a contract or agreement 
entered into to meet the requirements of 40 CFR 280.93.
    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 of the implementing agency] that 
the Principal has failed to [``take corrective action, in accordance 
with 40 CFR part 280, subpart F and the Director's instructions,'' and/
or ``compensate injured third parties''] as guaranteed by this bond, the 
Surety(ies) shall either perform [``corrective action in accordance with 
40 CFR part 280 and the Director's instructions,'' and/or ``third-party 
liability compensation''] or place funds in an amount up to the annual 
aggregate penal sum into the standby trust fund as directed by [the 
Regional Administrator or the Director] under 40 CFR 280.108.
    Upon notification by [the Director] that the Principal has failed to 
provide alternate financial assurance within 60 days after the date the 
notice of cancellation is received by the Principal from the Surety(ies) 
and that [the Director] has determined or suspects that a release has 
occurred, the Surety(ies) shall place funds in an amount not exceeding 
the annual aggregate penal sum into the standby trust fund as directed 
by [the Director] under 40 CFR 280.108.
    The Surety(ies) hereby waive(s) notification of amendments to 
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 annual aggregate to the penal 
sum shown on the face of the bond, but in no event shall the obligation 
of the Surety(ies) hereunder exceed the amount of said annual aggregate 
penal sum.
    The Surety(ies) may cancel the bond by sending notice of 
cancellation by certified mail to the Principal, 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, as evidenced 
by the return receipt.
    The Principal may terminate this bond by sending written notice to 
the Surety(ies).
    In Witness Thereof, 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 40 CFR 280.98(b) as such regulations were 
constituted on the date this bond was executed.

                                Principal

[Signature(s)]
[Names(s)]
[Title(s)]
[Corporate seal]

[[Page 1013]]

                          Corporate Surety(ies)

[Name and address]
[State of Incorporation: __________
[Liability limit: $__________
[Signature(s)]
[Names(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) 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. In all cases, the surety's liability is limited 
to the per-occurrence and annual aggregate penal sums.
    (d) The owner or operator who uses a surety bond to satisfy the 
requirements of Sec. 280.93 must establish a standby trust fund when the 
surety bond is acquired. Under the terms of the bond, all amounts paid 
by the surety under the bond will be deposited directly into the standby 
trust fund in accordance with instructions from the Director under 
Sec. 280.108. This standby trust fund must meet the requirements 
specified in Sec. 280.103.



Sec. 280.99  Letter of credit.

    (a) An owner or operator may satisfy the requirements of Sec. 280.93 
by obtaining an irrevocable standby letter of credit that conforms to 
the requirements of this section. The issuing institution must be an 
entity that has the authority to issue letters of credit in each state 
where used and whose letter-of-credit operations are regulated and 
examined by a federal or state agency.
    (b) The letter of credit 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]
[Name and address of Director(s) of state implementing agency(ies)]

    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 or operator name] of [address] up to the aggregate 
amount of [in words] U.S. dollars ($[insert dollar amount]), available 
upon presentation [insert, if more than one Director of a state 
implementing 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 persuant to regulations issued under 
authority of Subtitle I of the Resource Conservation and Recovery Act of 
1976, as amended.''
    This letter of credit may be drawn on to cover [insert: ``taking 
corrective action'' and/or ``compensating third parties for bodily 
injury and property damage caused by'' either ``sudden accidental 
releases'' or ``nonsudden accidental releases'' or ``accidental 
releases''] arising from operating the underground storage tank(s) 
identified below in the amount of [in words] $[insert dollar amount] per 
occurrence and [in words] $[insert dollar amount] annual aggregate:

    [List the number of tanks at each facility and the name(s) and 
address(es) of the facility(ies) where the tanks are located. If more 
than one instrument is used to assure different tanks at any one 
facility, for each tank covered by this instrument, list the tank 
identification number provided in the notification submitted pursuant to 
40 CFR 280.22, or the corresponding state requirement, and the name and 
address of the facility.]

    The letter of credit may not be drawn on to cover any of the 
following:

    (a) Any obligation of [insert owner or operator] under a workers' 
compensation, disability benefits, or unemployment compensation law or 
other similar law;
    (b) Bodily injury to an employee of [insert owner or operator] 
arising from, and in the course of, employment by [insert owner or 
operator];
    (c) Bodily injury or property damage arising from the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaned to, in the 
care, custody, or control of, or occupied by [insert owner or operator] 
that is not the direct result of a release from a petroleum underground 
storage tank;
    (e) 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 other than a contract or agreement 
entered into to meet the requirements of 40 CFR 280.93.

    This letter of credit is effective as of [date] and shall expire on 
[date], but such expiration date shall be automatically extended for a 
period of [at least the length of the original term] on [expiration 
date] and on each successive expiration date, unless, at least 120 days 
before the curent expiration date,

[[Page 1014]]

we notify [owner or operator] by certified mail that we have decided not 
to extend this letter of credit beyond the current expiration date. In 
the event that [owner or operator] is 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 [owner or operator], as shown on 
the signed return receipt.
    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 or operator] in 
accordance with your instructions.
    We certify that the wording of this letter of credit is identical to 
the wording specified in 40 CFR 280.99(b) 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''].

    (c) An owner or operator who uses a letter of credit to satisfy the 
requirements of Sec. 280.93 must also establish a standby trust fund 
when the letter of credit is acquired. Under the terms of the letter of 
credit, all amounts paid pursuant to a draft by the Director of the 
implementing agency will be deposited by the issuing institution 
directly into the standby trust fund in accordance with instructions 
from the Director under Sec. 280.108. This standby trust fund must meet 
the requirements specified in Sec. 280.103.
    (d) The letter of credit must be irrevocable with a term specified 
by the issuing institution. The letter of credit must provide that 
credit be automatically renewed for the same term as the original term, 
unless, at least 120 days before the current expiration date, the 
issuing institution notifies the owner or operator by certified mail of 
its decision not to renew the letter of credit. Under the terms of the 
letter of credit, the 120 days will begin on the date when the owner or 
operator receives the notice, as evidenced by the return receipt.

[53 FR 37194, Sept. 23, 1988, as amended at 59 FR 29960, June 10, 1994]



Sec. 280.100  Use of state-required mechanism.

    (a) For underground storage tanks located in a state that does not 
have an approved program, and where the state requires owners or 
operators of underground storage tanks to demonstrate financial 
responsibility for taking corrective action and/or for compensating 
third parties for bodily injury and property damage, an owner or 
operator may use a state-required financial mechanism to meet the 
requirements of Sec. 280.93 if the Regional Administrator determines 
that the state mechanism is at least equivalent to the financial 
mechanisms specified in this subpart.
    (b) The Regional Administrator will evaluate the equivalency of a 
state-required mechanism principally in terms of: certainty of the 
availability of funds for taking corrective action and/or for 
compensating third parties; the amount of funds that will be made 
available; and the types of costs covered. The Regional Administrator 
may also consider other factors as is necessary.
    (c) The state, an owner or operator, or any other interested party 
may submit to the Regional Administrator a written petition requesting 
that one or more of the state-required mechanisms be considered 
acceptable for meeting the requirements of Sec. 280.93. The submission 
must include copies of the appropriate state statutory and regulatory 
requirements and must show the amount of funds for corrective action 
and/or for compensating third parties assured by the mechanism(s). The 
Regional Administrator may require the petitioner to submit additional 
information as is deemed necessary to make this determination.
    (d) Any petition under this section may be submitted on behalf of 
all of the state's underground storage tank owners and operators.
    (e) The Regional Administrator will notify the petitioner of his 
determination regarding the mechanism's acceptability in lieu of 
financial mechanisms specified in this subpart. Pending this 
determination, the owners and operators using such mechanisms will be 
deemed to be in compliance with the requirements of Sec. 280.93 for 
underground storage tanks located in the

[[Page 1015]]

state for the amounts and types of costs covered by such mechanisms.

[53 FR 43370, Oct. 26, 1988; 53 FR 51274, Dec. 21, 1988]



Sec. 280.101  State fund or other state assurance.

    (a) An owner or operator may satisfy the requirements of Sec. 280.93 
for underground storage tanks located in a state, where EPA is 
administering the requirements of this subpart, which assures that 
monies will be available from a state fund or state assurance program to 
cover costs up to the limits specified in Sec. 280.93 or otherwise 
assures that such costs will be paid if the Regional Administrator 
determines that the state's assurance is at least equivalent to the 
financial mechanisms specified in this subpart.
    (b) The Regional Administrator will evaluate the equivalency of a 
state fund or other state assurance principally in terms of: Certainty 
of the availability of funds for taking corrective action and/or for 
compensating third parties; the amount of funds that will be made 
available; and the types of costs covered. The Regional Administrator 
may also consider other factors as is necessary.
    (c) The state must submit to the Regional Administrator a 
description of the state fund or other state assurance to be supplied as 
financial assurance, along with a list of the classes of underground 
storage tanks to which the funds may be applied. The Regional 
Administrator may require the state to submit additional information as 
is deemed necessary to make a determination regarding the acceptability 
of the state fund or other state assurance. Pending the determination by 
the Regional Administrator, the owner or operator of a covered class of 
USTs will be deemed to be in compliance with the requirements of 
Sec. 280.93 for the amounts and types of costs covered by the state fund 
or other state assurance.
    (d) The Regional Administrator will notify the state of his 
determination regarding the acceptability of the state's fund or other 
assurance in lieu of financial mechanisms specified in this subpart. 
Within 60 days after the Regional Administrator notifies a state that a 
state fund or other state assurance is acceptable, the state must 
provide to each owner or operator for which it is assuming financial 
responsibility a letter or certificate describing the nature of the 
state's assumption of responsibility. The letter or certificate from the 
state must include, or have attached to it, the following information: 
the facility's name and address and the amount of funds for corrective 
action and/or for compensating third parties that is assured by the 
state. The owner or operator must maintain this letter or certificate on 
file as proof of financial responsibility in accordance with 
Sec. 280.107(b)(5).



Sec. 280.102  Trust fund.

    (a) An owner or operator may satisfy the requirements of Sec. 280.93 
by establishing a trust fund that conforms to the requirements of this 
section. The trustee must be an entity that has the authority to act as 
a trustee and whose trust operations are regulated and examined by a 
federal agency or an agency of the state in which the fund is 
established.
    (b) The wording of the trust agreement must be identical to the 
wording specified in Sec. 280.103(b)(1), and must be accompanied by a 
formal certification of acknowledgement as specified in 
Sec. 280.103(b)(2).
    (c) The trust fund, when established, must be funded for the full 
required amount of coverage, or funded for part of the required amount 
of coverage and used in combination with other mechanism(s) that provide 
the remaining required coverage.
    (d) If the value of the trust fund is greater than the required 
amount of coverage, the owner or operator may submit a written request 
to the Director of the implementing agency for release of the excess.
    (e) If other financial assurance as specified in this subpart is 
substituted for all or part of the trust fund, the owner or operator may 
submit a written request to the Director of the implementing agency for 
release of the excess.
    (f) Within 60 days after receiving a request from the owner or 
operator for release of funds as specified in paragraph (d) or (e) of 
this section, the Director of the implementing agency will

[[Page 1016]]

instruct the trustee to release to the owner or operator such funds as 
the Director specifies in writing.



Sec. 280.103  Standby trust fund.

    (a) An owner or operator using any one of the mechanisms authorized 
by Secs. 280.96, 280.98, or 280.99 must establish a standby trust fund 
when the mechanism is acquired. The trustee of the standby trust fund 
must be an entity that has the authority to act as a trustee and whose 
trust operations are regulated and examined by a Federal agency or an 
agency of the state in which the fund is established.
    (b)(1) The standby trust agreement, or trust agreement, 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 an underground storage tank shall provide assurance that 
funds will be available when needed for corrective action and third-
party compensation for bodily injury and property damage caused by 
sudden and nonsudden accidental releases arising from the operation of 
the underground storage tank. The attached Schedule A lists the number 
of tanks at each facility and the name(s) and address(es) of the 
facility(ies) where the tanks are located that are covered by the 
standpoint trust agreement.
    [Whereas, the Grantor has elected to establish [insert either ``a 
guarantee,'' ``surety bond,'' or ``letter of credit''] to provide all or 
part of such financial assurance for the underground storage tanks 
identified herein and is required to establish a standby trust fund able 
to accept payments from the instrument (This paragraph is only 
applicable to the standby trust agreement.)];
    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 the Financial Assurance Mechanism

    This Agreement pertains to the [identify the financial assurance 
mechanism, either a guarantee, surety bond, or letter of credit, from 
which the standby trust fund is established to receive payments (This 
paragraph is only applicable to the standby trust agreement.)].

                    Section 3. Establishment of Fund

    The Grantor and the Trustee hereby establish a trust fund, the 
``Fund,'' for the benefit of [implementing agency]. 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 a standby to 
receive payments and shall not consist of any property.] Payments made 
by the provider of financial assurance pursuant to [the Director of the 
implementing agency's] instruction are transferred to the Trustee and 
are 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 as provider of financial assurance, any 
payments necessary to discharge any liability of the Grantor established 
by [the state implementing agency]

    Section 4. Payment for [``Corrective Action'' and/or Third-Party 
                           Liability Claims'']

    The Trustee shall make payments from the Fund as [the Director of 
the implementing agency] shall direct, in writing, to provide for the 
payment of the costs of [insert: ``taking corrective action'' and/or 
compensating third parties for bodily injury and property damage caused 
by'' either ``sudden accidental releases'' or ``nonsudden accidental 
releases'' or ``accidental releases''] arising from operating the tanks 
covered by the financial assurance mechanism identified in this 
Agreement.
    The Fund may not be drawn upon to cover any of the following:

[[Page 1017]]

    (a) Any obligation of [insert owner or operator] under a workers' 
compensation, disability benefits, or unemployment compensation law or 
other similar law;
    (b) Bodily injury to an employee of [insert owner or operator] 
arising from, and in the course of employment by [insert owner or 
operator];
    (c) Bodily injury or property damage arising from the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaned to, in the 
care, custody, or control of, or occupied by [insert owner or operator] 
that is not the direct result of a release from a petroleum underground 
storage tank;
    (e) 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 other than a contract or agreement 
entered into to meet the requirements of 40 CFR 280.93.
    The Trustee shall reimburse the Grantor, or other persons as 
specified by [the Director], from the Fund for corrective action 
expenditures and/or third-party liability claims in such amounts as [the 
Director] shall direct in writing. In addition, the Trustee shall refund 
to the Grantor such amounts as [the 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 and 
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 
beneficiaries 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 tanks, 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 depository even though, when so deposited, such 
securities may be merged and held in bulk in the name of the nominee of 
such depository with other securities deposited therein by another 
person, or to deposit or arrange for the deposit of any securities 
issued by the United States

[[Page 1018]]

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. Advice of Counsel

    The Trustee may from time to time consult with counsel, who may be 
counsel to the Grantor, with respect to any questions 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 
writing sent to the Grantor 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, and instructions by the Grantor to the Trustee 
shall be in writing, signed by such persons as are designated in the 
attached Schedule B or such other designees as the Grantor may designate 
by amendment to Schedule B. 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 of the implementing agency] to the Trustee shall be in 
writing, signed by [the Director], 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 [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 Director], except as provided 
for herein.

                   Section 14. Amendment of Agreement

    This Agreement may be amended by an instrument in writing executed 
by the Grantor and the Trustee, or by the Trustee and [the Director of 
the implementing agency] 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 direction of the Grantor and 
the Trustee, or by the Trustee and [the Director of the implementing 
agency], 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 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 or [the Director of the implementing agency] issued in 
accordance with this Agreement. The Trustee shall be indemnified and 
saved harmless by the Grantor, from and against any personal liability 
to which the Trustee may be subjected by reason of any act or conduct in

[[Page 1019]]

its official capacity, including all expenses reasonably 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 [insert name of state], or the 
Comptroller of the Currency in the case of National Association banks.

                       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 
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 (if applicable) 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 40 
CFR 280.103(b)(1) as such regulations were constituted on the date 
written above.

[Signature of Grantor]
[Name of the Grantor]
[Title]

Attest:
    [Signature of Trustee]
    [Name of the Trustee]
    [Title]
    [Seal]
    [Signature of Witness]
    [Name of the Witness]
    [Title]
    [Seal]

    (2) The standby trust agreement, or trust agreement must be 
accompanied by a formal certification of acknowledgement similar to the 
following. 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]
    [Name of Notary Public]

    (c) The Director of the implementing agency will instruct the 
trustee to refund the balance of the standby trust fund to the provider 
of financial assurance if the Director determines that no additional 
corrective action costs or third-party liability claims will occur as a 
result of a release covered by the financial assurance mechanism for 
which the standby trust fund was established.
    (d) An owner or operator may establish one trust fund as the 
depository mechanism for all funds assured in compliance with this rule.

[53 FR 43370, Oct. 26, 1988; 53 FR 51274, Dec. 21, 1988]



Sec. 280.104  Local government bond rating test.

    (a) A general purpose local government owner or operator and/or 
local government serving as a guarantor may satisfy the requirements of 
Sec. 280.93 by having a currently outstanding issue or issues of general 
obligation bonds of $1 million or more, excluding refunded obligations, 
with a Moody's rating of Aaa, Aa, A, or Baa, or a Standard & Poor's 
rating of AAA, AA, A, or BBB. Where a local government has multiple 
outstanding issues, or where a local government's bonds are rated by 
both Moody's and Standard and Poor's, the lowest rating must be used to 
determine eligibility. Bonds that are backed by credit enhancement other 
than municipal bond insurance may not be considered in determining the 
amount of applicable bonds outstanding.
    (b) A local government owner or operator or local government serving 
as a guarantor that is not a general-purpose local government and does 
not have the legal authority to issue general obligation bonds may 
satisfy the requirements of Sec. 280.93 by having a currently 
outstanding issue or issues of revenue bonds of $1 million or more, 
excluding refunded issues and by also having a Moody's rating of Aaa, A, 
A, or Baa, or a Standard & Poor's rating of AAA, AA, A, or BBB as the 
lowest rating for any rated revenue bond issued by the local government. 
Where bonds are rated by both Moody's and Standard & Poor's, the lower 
rating for each bond

[[Page 1020]]

must be used to determine eligibility. Bonds that are backed by credit 
enhancement may not be considered in determining the amount of 
applicable bonds outstanding.
    (c) The local government owner or operator and/or guarantor must 
maintain a copy of its bond rating published within the last 12 months 
by Moody's or Standard & Poor's.
    (d) To demonstrate that it meets the local government bond rating 
test, the chief financial officer of a general purpose local government 
owner or operator and/or guarantor must sign a letter worded exactly as 
follows, except that the instructions in brackets are to be replaced by 
the relevant information and the brackets deleted:

                   Letter from Chief Financial Officer

    I am the chief financial officer of [insert: name and address of 
local government owner or operator, or guarantor]. This letter is in 
support of the use of the bond rating test to demonstrate financial 
responsibility for [insert: ``taking corrective action'' and/or 
``compensating third parties for bodily injury and property damage''] 
caused by [insert: ``sudden accidental releases'' and/or ``nonsudden 
accidental releases''] in the amount of at least [insert: dollar amount] 
per occurrence and [insert: dollar amount] annual aggregate arising from 
operating (an) underground storage tank(s).
    Underground storage tanks at the following facilities are assured by 
this bond rating test: [List for each facility: the name and address of 
the facility where tanks are assured by the bond rating test].
    The details of the issue date, maturity, outstanding amount, bond 
rating, and bond rating agency of all outstanding bond issues that are 
being used by [name of local government owner or operator, or guarantor] 
to demonstrate financial responsibility are as follows: [complete table]


----------------------------------------------------------------------------------------------------------------
           Issue date                Maturity date    Outstanding amount      Bond rating        Rating agency  
----------------------------------------------------------------------------------------------------------------
                                                                                              [Moody's or       
                                                                                               Standard &       
                                                                                               Poor's]          
----------------------------------------------------------------------------------------------------------------


    The total outstanding obligation of [insert amount], excluding 
refunded bond issues, exceeds the minimum amount of $1 million. All 
outstanding general obligation bonds issued by this government that have 
been rated by Moody's or Standard & Poor's are rated as at least 
investment grade (Moody's Baa or Standard & Poor's BBB) based on the 
most recent ratings published within the last 12 months. Neither rating 
service has provided notification within the last 12 months of 
downgrading of bond ratings below investment grade or of withdrawal of 
bond rating other than for repayment of outstanding bond issues.
    I hereby certify that the wording of this letter is identical to the 
wording specified in 40 CFR Part 280.104(d) as such regulations were 
constituted on the date shown immediately below.

[Date]__________________________________________________________________
[Signature]_____________________________________________________________
[Name]__________________________________________________________________
[Title]_________________________________________________________________

    (e) To demonstrate that it meets the local government bond rating 
test, the chief financial officer of local government owner or operator 
and/or guarantor other than a general purpose government must sign a 
letter worded exactly as follows, except that the instructions in 
brackets are to be replaced by the relevant information and the brackets 
deleted:

                   Letter from Chief Financial Officer

    I am the chief financial officer of [insert: name and address of 
local government owner or operator, or guarantor]. This letter is in 
support of the use of the bond rating test to demonstrate financial 
responsibility for [insert: ``taking corrective action'' and/or 
``compensating third parties for bodily injury and property damage''] 
caused by [insert : ``sudden accidental releases'' and/or ``nonsudden 
accidental releases''] in the amount of at least [insert: dollar amount] 
per occurrence and [insert: dollar amount] annual aggregate arising from 
operating (an) underground storage tank(s). This local government is not 
organized to provide general governmental services and does not have the 
legal authority under state law or constitutional provisions to issue 
general obligation debt.
    Underground storage tanks at the following facilities are assured by 
this bond rating test: [List for each facility: the name and address of 
the facility where tanks are assured by the bond rating test].
    The details of the issue date, maturity, outstanding amount, bond 
rating, and bond rating agency of all outstanding revenue bond issues 
that are being used by [name of

[[Page 1021]]

local government owner or operator, or guarantor] to demonstrate 
financial responsibility are as follows: [complete table]


----------------------------------------------------------------------------------------------------------------
           Issue date                Maturity date    Outstanding amount      Bond rating        Rating agency  
----------------------------------------------------------------------------------------------------------------
                                                                                                 [Moody's or    
                                                                                               Standard &       
                                                                                               Poor's]          
----------------------------------------------------------------------------------------------------------------


    The total outstanding obligation of [insert amount], excluding 
refunded bond issues, exceeds the minimum amount of $1 million. All 
outstanding revenue bonds issued by this government that have been rated 
by Moody's or Standard & Poor's are rated as at least investment grade 
(Moody's Baa or Standard & Poor's BBB) based on the most recent ratings 
published within the last 12 months. The revenue bonds listed are not 
backed by third-party credit enhancement or are insured by a municipal 
bond insurance company. Neither rating service has provided notification 
within the last 12 months of downgrading of bond ratings below 
investment grade or of withdrawal of bond rating other than for 
repayment of outstanding bond issues.
    I hereby certify that the wording of this letter is identical to the 
wording specified in 40 CFR part 280.104(e) as such regulations were 
constituted on the date shown immediately below.

[Date]__________________________________________________________________
[Signature]_____________________________________________________________
[Name]__________________________________________________________________
[Title]_________________________________________________________________

    (f) The Director of the implementing agency may require reports of 
financial condition at any time from the local government owner or 
operator, and/or local government guarantor. If the Director finds, on 
the basis of such reports or other information, that the local 
government owner or operator, and/or guarantor, no longer meets the 
local government bond rating test requirements of Sec. 280.104, the 
local government owner or operator must obtain alternative coverage 
within 30 days after notification of such a finding.
    (g) If a local government owner or operator using the bond rating 
test to provide financial assurance finds that it no longer meets the 
bond rating test requirements, the local government owner or operator 
must obtain alternative coverage within 150 days of the change in 
status.

[58 FR 9053, Feb. 18, 1993]



Sec. 280.105  Local government financial test.

    (a) A local government owner or operator may satisfy the 
requirements of Sec. 280.93 by passing the financial test specified in 
this section. To be eligible to use the financial test, the local 
government owner or operator must have the ability and authority to 
assess and levy taxes or to freely establish fees and charges. To pass 
the local government financial test, the owner or operator must meet the 
criteria of paragraphs (b)(2) and (b)(3) of this section based on year-
end financial statements for the latest completed fiscal year.
    (b)(1) The local government owner or operator must have the 
following information available, as shown in the year-end financial 
statements for the latest completed fiscal year:
    (i) Total revenues: Consists of the sum of general fund operating 
and non-operating revenues including net local taxes, licenses and 
permits, fines and forfeitures, revenues from use of money and property, 
charges for services, investment earnings, sales (property, 
publications, etc.), intergovernmental revenues (restricted and 
unrestricted), and total revenues from all other governmental funds 
including enterprise, debt service, capital projects, and special 
revenues, but excluding revenues to funds held in a trust or agency 
capacity. For purposes of this test, the calculation of total revenues 
shall exclude all transfers between funds under the direct control of 
the local government using the financial test (interfund transfers), 
liquidation of investments, and issuance of debt.
    (ii) Total expenditures: Consists of the sum of general fund 
operating and non-operating expenditures including public safety, public 
utilities, transportation, public works, environmental protection, 
cultural and recreational,

[[Page 1022]]

community development, revenue sharing, employee benefits and 
compensation, office management, planning and zoning, capital projects, 
interest payments on debt, payments for retirement of debt principal, 
and total expenditures from all other governmental funds including 
enterprise, debt service, capital projects, and special revenues. For 
purposes of this test, the calculation of total expenditures shall 
exclude all transfers between funds under the direct control of the 
local government using the financial test (interfund transfers).
    (iii) Local revenues: Consists of total revenues (as defined in 
paragraph (b)(1)(i) of this section) minus the sum of all transfers from 
other governmental entities, including all monies received from Federal, 
state, or local government sources.
    (iv) Debt service: Consists of the sum of all interest and principal 
payments on all long-term credit obligations and all interest-bearing 
short-term credit obligations. Includes interest and principal payments 
on general obligation bonds, revenue bonds, notes, mortgages, judgments, 
and interest bearing warrants. Excludes payments on non-interest-bearing 
short-term obligations, interfund obligations, amounts owed in a trust 
or agency capacity, and advances and contingent loans from other 
governments.
    (v) Total funds: Consists of the sum of cash and investment 
securities from all funds, including general, enterprise, debt service, 
capital projects, and special revenue funds, but excluding employee 
retirement funds, at the end of the local government's financial 
reporting year. Includes Federal securities, Federal agency securities, 
state and local government securities, and other securities such as 
bonds, notes and mortgages. For purposes of this test, the calculation 
of total funds shall exclude agency funds, private trust funds, accounts 
receivable, value of real property, and other non-security assets.
    (vi) Population consists of the number of people in the area served 
by the local government.
    (2) The local government's year-end financial statements, if 
independently audited, cannot include an adverse auditor's opinion or a 
disclaimer of opinion. The local government cannot have outstanding 
issues of general obligation or revenue bonds that are rated as less 
than investment grade.
    (3) The local government owner or operator must have a letter signed 
by the chief financial officer worded as specified in paragraph (c) of 
this section.
    (c) To demonstrate that it meets the financial test under paragraph 
(b) of this section, the chief financial officer of the local government 
owner or operator, must sign, within 120 days of the close of each 
financial reporting year, as defined by the twelve-month period for 
which financial statements used to support the financial test are 
prepared, a letter worded exactly as follows, except that the 
instructions in brackets are to be replaced by the relevant information 
and the brackets deleted:

                   Letter From Chief Financial Officer

    I am the chief financial officer of [insert: name and address of the 
owner or operator]. This letter is in support of the use of the local 
government financial test to demonstrate financial responsibility for 
[insert: ``taking corrective action'' and/or ``compensating third 
parties for bodily injury and property damage''] caused by [insert: 
``sudden accidental releases'' and/or ``nonsudden accidental releases''] 
in the amount of at least [insert: dollar amount] per occurrence and 
[insert: dollar amount] annual aggregate arising from operating [an] 
underground storage tank[s].
    Underground storage tanks at the following facilities are assured by 
this financial test [List for each facility: the name and address of the 
facility where tanks assured by this financial test are located. If 
separate mechanisms or combinations of mechanisms are being used to 
assure any of the tanks at this facility, list each tank assured by this 
financial test by the tank identification number provided in the 
notification submitted pursuant to 40 CFR Part 280.22 or the 
corresponding state requirements.]
    This owner or operator has not received an adverse opinion, or a 
disclaimer of opinion from an independent auditor on its financial 
statements for the latest completed fiscal year. Any outstanding issues 
of general obligation or revenue bonds, if rated, have a Moody's rating 
of Aaa, Aa, A, or Baa or a Standard and Poor's rating of AAA, AA, A, or 
BBB; if rated by both firms, the bonds have a Moody's rating of Aaa, Aa, 
A, or Baa and a Standard and Poor's rating of AAA, AA, A, or BBB.

[[Page 1023]]

                 Worksheet for Municipal Financial Test

                        Part I: Basic Information

                            1. Total Revenues

a. Revenues (dollars) ____________
    Value of revenues excludes liquidation of investments and issuance 
of debt. Value includes all general fund operating and non-operating 
revenues, as well as all revenues from all other governmental funds 
including enterprise, debt service, capital projects, and special 
revenues, but excluding revenues to funds held in a trust or agency 
capacity.
b. Subtract interfund transfers (dollars)____________
c. Total Revenues (dollars)____________

                          2. Total Expenditures

a. Expenditures (dollars) ____________
    Value consists of the sum of general fund operating and non-
operating expenditures including interest payments on debt, payments for 
retirement of debt principal, and total expenditures from all other 
governmental funds including enterprise, debt service, capital projects, 
and special revenues.
b. Subtract interfund transfers (dollars)____________
c. Total Expenditures (dollars)____________

                            3. Local Revenues

a. Total Revenues (from 1c) (dollars) ____________
b. Subtract total intergovernmental transfers (dollars)____________
c. Local Revenues (dollars)____________

                             4. Debt Service

a. Interest and fiscal charges (dollars)____________
b. Add debt retirement (dollars)____________
c. Total Debt Service (dollars)____________

                  5. Total Funds (Dollars)____________

(Sum of amounts held as cash and investment securities from all funds, 
          excluding amounts held for employee retirement funds, agency 
          funds, and trust funds)

                   6. Population (Persons)____________

                      Part II: Application of Test

                     7. Total Revenues to Population

a. Total Revenues (from 1c)____________
b. Population (from 6)____________
c. Divide 7a by 7b ____________
d. Subtract 417____________
e. Divide by 5,212____________
f. Multiply by 4.095____________

                     8. Total Expenses to Population

a. Total Expenses (from 2c)____________
b. Population (from 6)____________
c. Divide 8a by 8b ____________
d. Subtract 524 ____________
e. Divide by 5,401____________
f. Multiply by 4.095____________

                   9. Local Revenues to Total Revenues

a. Local Revenues (from 3c)____________
b. Total Revenues (from 1c)____________
c. Divide 9a by 9b ____________
d. Subtract .695____________
e. Divide by .205____________
f. Multiply by 2.840 ____________

                     10. Debt Service to Population

a. Debt Service (from 4d) ____________
b. Population (from 6)____________
c. Divide 10a by 10b ____________
d. Subtract 51 ____________
e. Divide by 1,038____________
f. Multiply by -1.866____________

                   11. Debt Service to Total Revenues

a. Debt Service (from 4d)____________
b. Total Revenues (from 1c)____________
c. Divide 11a by 11b ____________
d. Subtract .068 ____________
e. Divide by .259 ____________
f. Multiply by -3.533 ____________

                  12. Total Revenues to Total Expenses

a. Total Revenues (from 1c)____________
b. Total Expenses (from 2c)____________
c. Divide 12a by 12b____________
d. Subtract .910 ____________
e. Divide by .899 ____________
f. Multiply by 3.458 ____________

                   13. Funds Balance to Total Revenues

a. Total Funds (from 5) ____________
b. Total Revenues (from 1c)____________
c. Divide 13a by 13b ____________
d. Subtract .891 ____________
e. Divide by 9.156____________
f. Multiply by 3.270 ____________

                   14. Funds Balance to Total Expenses

a. Total Funds (from 5)____________
b. Total Expenses (from 2c)____________
c. Divide 14a by 14b____________
d. Subtract .866 ____________
e. Divide by 6.409 ____________
f. Multiply by 3.270 ____________

               15. Total Funds to Population ____________

a. Total Funds (from 5) ____________
b. Population (from 6)____________
c. Divide 15a by 15b ____________
d. Subtract 270 ____________
e. Divide by 4,548 ____________
f. Multiply by 1.866 ____________

[[Page 1024]]

       16. Add 7f + 8f + 9f + 10f + 11f + 12f + 13f + 14f + 15f + 
                            4.937____________

    I hereby certify that the financial index shown on line 16 of the 
worksheet is greater than zero and that the wording of this letter is 
identical to the wording specified in 40 CFR part 280.105(c) as such 
regulations were constituted on the date shown immediately below.

[Date]
[Signature]
[Name]
[Title]

    (d) If a local government owner or operator using the test to 
provide financial assurance finds that it no longer meets the 
requirements of the financial test based on the year-end financial 
statements, the owner or operator must obtain alternative coverage 
within 150 days of the end of the year for which financial statements 
have been prepared.
    (e) The Director of the implementing agency may require reports of 
financial condition at any time from the local government owner or 
operator. If the Director finds, on the basis of such reports or other 
information, that the local government owner or operator no longer meets 
the financial test requirements of Sec. 280.105 (b) and (c), the owner 
or operator must obtain alternate coverage within 30 days after 
notification of such a finding.
    (f) If the local government owner or operator fails to obtain 
alternate assurance within 150 days of finding that it no longer meets 
the requirements of the financial test based on the year-end financial 
statements or within 30 days of notification by the Director of the 
implementing agency that it no longer meets the requirements of the 
financial test, the owner or operator must notify the Director of such 
failure within 10 days.

[58 FR 9054, Feb. 18, 1993]



Sec. 280.106  Local government guarantee.

    (a) A local government owner or operator may satisfy the 
requirements of Sec. 280.93 by obtaining a guarantee that conforms to 
the requirements of this section. The guarantor must be either the state 
in which the local government owner or operator is located or a local 
government having a ``substantial governmental relationship'' with the 
owner and operator and issuing the guarantee as an act incident to that 
relationship. A local government acting as the guarantor must:
    (1) demonstrate that it meets the bond rating test requirement of 
Sec. 280.104 and deliver a copy of the chief financial officer's letter 
as contained in Sec. 280.104(c) to the local government owner or 
operator; or
    (2) demonstrate that it meets the worksheet test requirements of 
Sec. 280.105 and deliver a copy of the chief financial officer's letter 
as contained in Sec. 280.105(c) to the local government owner or 
operator; or
    (3) demonstrate that it meets the local government fund requirements 
of Sec. 280.107(a), Sec. 280.107(b), or Sec. 280.107(c) and deliver a 
copy of the chief financial officer's letter as contained in 
Sec. 280.107 to the local government owner or operator.
    (b) If the local government guarantor is unable to demonstrate 
financial assurance under any of Secs. 280.104, 280.105, 280.107(a), 
280.107(b), or 280.107(c), at the end of the financial reporting year, 
the guarantor shall send by certified mail, before cancellation or non-
renewal of the guarantee, notice to the owner or operator. The guarantee 
will terminate no less than 120 days after the date the owner or 
operator receives the notification, as evidenced by the return receipt. 
The owner or operator must obtain alternative coverage as specified in 
Sec. 280.114(c).
    (c) The guarantee agreement must be worded as specified in paragraph 
(d) or (e) of this section, depending on which of the following 
alternative guarantee arrangements is selected:
    (1) If, in the default or incapacity of the owner or operator, the 
guarantor guarantees to fund a standby trust as directed by the Director 
of the implementing agency, the guarantee shall be worded as specified 
in paragraph (d) of this section.
    (2) If, in the default or incapacity of the owner or operator, the 
guarantor guarantees to make payments as directed by the Director of the 
implementing agency for taking corrective action or compensating third 
parties for bodily injury and property damage, the guarantee shall be 
worded as specified in paragraph (e) of this section.

[[Page 1025]]

    (d) If the guarantor is a state, the local government guarantee with 
standby trust must be worded exactly as follows, except that 
instructions in brackets are to be replaced with relevant information 
and the brackets deleted:

      Local Government Guarantee With Standby Trust Made by a State

    Guarantee made this [date] by [name of state], herein referred to as 
guarantor, to [the state implementing agency] and to any and all third 
parties, and obliges, on behalf of [local government owner or operator].

                                Recitals

    (1) Guarantor is a state.
    (2) [Local government owner or operator] owns or operates the 
following underground storage tank(s) covered by this guarantee: [List 
the number of tanks at each facility and the name(s) and address(es) of 
the facility(ies) where the tanks are located. If more than one 
instrument is used to assure different tanks at any one facility, for 
each tank covered by this instrument, list the tank identification 
number provided in the notification submitted pursuant to 40 CFR part 
280 or the corresponding state requirement, and the name and address of 
the facility.] This guarantee satisfies 40 CFR part 280, subpart H 
requirements for assuring funding for [insert: ``taking corrective 
action'' and/or ``compensating third parties for bodily injury and 
property damage caused by'' either ``sudden accidental releases'' or 
``nonsudden accidental releases'' or ``accidental releases''; if 
coverage is different for different tanks or locations, indicate the 
type of coverage applicable to each tank or location] arising from 
operating the above-identified underground storage tank(s) in the amount 
of [insert dollar amount] per occurrence and [insert dollar amount] 
annual aggregate.
    (3) Guarantor guarantees to [implementing agency] and to any and all 
third parties that:
    In the event that [local government owner or operator] fails to 
provide alternative coverage within 60 days after receipt of a notice of 
cancellation of this guarantee and the [Director of the implementing 
agency] has determined or suspects that a release has occurred at an 
underground storage tank covered by this guarantee, the guarantor, upon 
instructions from the [Director] shall fund a standby trust fund in 
accordance with the provisions of 40 CFR part 280.112, in an amount not 
to exceed the coverage limits specified above.
    In the event that the [Director] determines that [local government 
owner or operator] has failed to perform corrective action for releases 
arising out of the operation of the above-identified tank(s) in 
accordance with 40 CFR part 280, subpart F, the guarantor upon written 
instructions from the [Director] shall fund a standby trust fund in 
accordance with the provisions of 40 CFR part 280.112, in an amount not 
to exceed the coverage limits specified above.
    If [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 
releases arising from the operation of the above-identified tank(s), 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, upon 
written instructions from the [Director], shall fund a standby trust in 
accordance with the provisions of 40 CFR part 280.112 to satisfy such 
judgment(s), award(s), or settlement agreement(s) up to the limits of 
coverage specified above.
    (4) Guarantor agrees to notify [owner or operator] 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.
    (5) Guarantor agrees to remain bound under this guarantee 
notwithstanding any modification or alteration of any obligation of 
[owner or operator] pursuant to 40 CFR part 280.
    (6) Guarantor agrees to remain bound under this guarantee for so 
long as [local government owner or operator] must comply with the 
applicable financial responsibility requirements of 40 CFR part 280, 
subpart H for the above identified tank(s), except that guarantor may 
cancel this guarantee by sending notice by certified mail to [owner or 
operator], such cancellation to become effective no earlier than 120 
days after receipt of such notice by [owner or operator], as evidenced 
by the return receipt.
    (7) The guarantor's obligation does not apply to any of the 
following:
    (a) Any obligation of [local government owner or operator] under a 
workers' compensation, disability benefits, or unemployment compensation 
law or other similar law;
    (b) Bodily injury to an employee of [insert: local government owner 
or operator] arising from, and in the course of, employment by [insert: 
local government owner or operator];
    (c) Bodily injury or property damage arising from the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaded to, in the 
care, custody, or control of, or occupied by [insert: local government 
owner or operator] that is not the direct result of a release from a 
petroleum underground storage tank;

[[Page 1026]]

    (e) Bodily damage 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 other than a contract or agreement 
entered into to meet the requirements of 40 CFR part 280.93.
    (8) Guarantor expressly waives notice of acceptance of this 
guarantee by [the implementing agency], by any or all third parties, or 
by [local government owner or operator],
    I hereby certify that the wording of this guarantee is identical to 
the wording specified in 40 CFR part 280.106(d) as such regulations were 
constituted on the effective date shown immediately below.

Effective date:_________________________________________________________
[Name of guarantor]
[Authorized signature for guarantor]
[Name of person signing]
[Title of person signing]
Signature of witness or notary:



    If the guarantor is a local government, the local government 
guarantee with standby trust must be worded exactly as follows, except 
that instructions in brackets are to be replaced with relevant 
information and the brackets deleted:

Local Government Guarantee With Standby Trust Made by a Local Government

    Guarantee made this [date] by [name of guaranteeing entity], a local 
government organized under the laws of [name of state], herein referred 
to as guarantor, to [the state implementing agency] and to any and all 
third parties, and obliges, on behalf of [local government owner or 
operator].

                                Recitals

    (1) Guarantor meets or exceeds [select one: the local government 
bond rating test requirements of 40 CFR part 280.104, the local 
government financial test requirements of 40 CFR part 280.105, or the 
local government fund under 40 CFR part 280.107(a), 280.107(b), or 
280.107(c)].
    (2) [Local government owner or operator] owns or operates the 
following underground storage tank(s) covered by this guarantee: [List 
the number of tanks at each facility and the name(s) and address(es) of 
the facility(ies) where the tanks are located. If more than one 
instrument is used to assure different tanks at any one facility, for 
each tank covered by this instrument, list the tank identification 
number provided in the notification submitted pursuant to 40 CFR part 
280 or the corresponding state requirement, and the name and address of 
the facility.] This guarantee satisfies 40 CFR part 280, subpart H 
requirements for assuring funding for [insert: ``taking corrective 
action'' and/or ``compensating third parties for bodily injury and 
property damage caused by'' either ``sudden accidental releases'' or 
``nonsudden accidental releases'' or ``accidental releases''; if 
coverage is different for different tanks or locations, indicate the 
type of coverage applicable to each tank or location] arising from 
operating the above-identified underground storage tank(s) in the amount 
of [insert dollar amount] per occurrence and [insert: dollar amount] 
annual aggregate.
    (3) Incident to our substantial governmental relationship with 
[local government owner or operator], guarantor guarantees to 
[implementing agency] and to any and all third parties that:
    In the event that [local government owner or operator] fails to 
provide alternative coverage within 60 days after receipt of a notice of 
cancellation of this guarantee and the [Director of the implementing 
agency] has determined or suspects that a release has occurred at an 
underground storage tank covered by this guarantee, the guarantor, upon 
instructions from the [Director] shall fund a standby trust fund in 
accordance with the provisions of 40 CFR part 280.112, in an amount not 
to exceed the coverage limits specified above.
    In the event that the [Director] determines that [local government 
owner or operator] has failed to perform corrective action for releases 
arising out of the operation of the above-identified tank(s) in 
accordance with 40 CFR part 280, subpart F, the guarantor upon written 
instructions from the [Director] shall fund a standby trust fund in 
accordance with the provisions of 40 CFR part 280.112, in an amount not 
to exceed the coverage limits specified above.
    If [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 
releases arising from the operation of the above-identified tank(s), 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, upon 
written instructions from the [Director], shall fund a standby trust in 
accordance with the provisions of 40 CFR part 280.112 to satisfy such 
judgment(s), award(s), or settlement agreement(s) up to the limits of 
coverage specified above.
    (4) Guarantor agrees that, if at the end of any fiscal year before 
cancellation of this guarantee, the guarantor fails to meet or exceed 
the requirements of the financial responsibility mechanism specified in 
paragraph (1), guarantor shall send within 120 days of such failure, by 
certified mail, notice to [local government owner or operator], as 
evidenced by the return receipt.
    (5) Guarantor agrees to notify [owner or operator] by certified mail 
of a voluntary or

[[Page 1027]]

involuntary proceeding under Title 11 (Bankruptcy), U.S. Code naming 
guarantor as debtor, within 10 days after commencement of the 
proceeding.
    (6) Guarantor agrees to remain bound under this guarantee 
notwithstanding any modification or alteration of any obligation of 
[owner or operator] pursuant to 40 CFR part 280.
    (7) Guarantor agrees to remain bound under this guarantee for so 
long as [local government owner or operator] must comply with the 
applicable financial responsibility requirements of 40 CFR part 280, 
subpart H for the above identified tank(s), except that guarantor may 
cancel this guarantee by sending notice by certified mail to [owner or 
operator], such cancellation to become effective no earlier than 120 
days after receipt of such notice by [owner or operator], as evidenced 
by the return receipt.
    (8) The guarantor's obligation does not apply to any of the 
following:
    (a) Any obligation of [local government owner or operator] under a 
workers' compensation, disability benefits, or unemployment compensation 
law or other similar law;
    (b) Bodily injury to an employee of [insert: local government owner 
or operator] arising from, and in the course of, employment by [insert: 
local government owner or operator];
    (c) Bodily injury or property damage arising from the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaned to, in the 
care, custody, or control of, or occupied by [insert: local government 
owner or operator] that is not the direct result of a release from a 
petroleum underground storage tank;
    (e) Bodily damage 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 other than a contract or agreement 
entered into to meet the requirements of 40 CFR part 280.93.
    (9) Guarantor expressly waives notice of acceptance of this 
guarantee by [the implementing agency], by any or all third parties, or 
by [local government owner or operator].
    I hereby certify that the wording of this guarantee is identical to 
the wording specified in 40 CFR part 280.106(d) as such regulations were 
constituted on the effective date shown immediately below.

Effective date:_________________________________________________________
[Name of guarantor]
[Authorized signature for guarantor]
[Name of person signing]
[Title of person signing]
Signature of witness or notary:
_______________________________________________________________________

    (e) If the guarantor is a state, the local government guarantee 
without standby trust must be worded exactly as follows, except that 
instructions in brackets are to be replaced with relevant information 
and the brackets deleted:

    Local Government Guarantee Without Standby Trust Made by a State

    Guarantee made this [date] by [name of state], herein referred to as 
guarantor, to [the state implementing agency] and to any and all third 
parties, and obliges, on behalf of [local government owner or operator].

                                Recitals

    (1) Guarantor is a state.
    (2) [Local government owner or operator] owns or operates the 
following underground storage tank(s) covered by this guarantee: [List 
the number of tanks at each facility and the name(s) and address(es) of 
the facility(ies) where the tanks are located. If more than one 
instrument is used to assure different tanks at any one facility, for 
each tank covered by this instrument, list the tank identification 
number provided in the notification submitted pursuant to 40 CFR part 
280 or the corresponding state requirement, and the name and address of 
the facility.] This guarantee satisfies 40 CFR part 280, subpart H 
requirements for assuring funding for [insert: ``taking corrective 
action'' and/or ``compensating third parties for bodily injury and 
property damage caused by'' either ``sudden accidental releases'' or 
``nonsudden accidental releases'' or ``accidental releases''; if 
coverage is different for different tanks or locations, indicate the 
type of coverage applicable to each tank or location] arising from 
operating the above-identified underground storage tank(s) in the amount 
of [insert: dollar amount] per occurrence and [insert: dollar amount] 
annual aggregate.
    (3) Guarantor guarantees to [implementing agency] and to any and all 
third parties and obliges that:
    In the event that [local government owner or operator] fails to 
provide alternative coverage within 60 days after receipt of a notice of 
cancellation of this guarantee and the [Director of the implementing 
agency] has determined or suspects that a release has occurred at an 
underground storage tank covered by this guarantee, the guarantor, upon 
written instructions from the [Director] shall make funds available to 
pay for corrective actions and compensate third parties for bodily 
injury and property damage in an amount not to exceed the coverage 
limits specified above.
    In the event that the [Director] determines that [local government 
owner or operator] has failed to perform corrective action for releases 
arising out of the operation of the above-identified tank(s) in 
accordance with 40 CFR part 280, subpart F, the guarantor

[[Page 1028]]

upon written instructions from the [Director] shall make funds available 
to pay for corrective actions in an amount not to exceed the coverage 
limits specified above.
    If [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 
releases arising from the operation of the above-identified tank(s), 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, upon 
written instructions from the [Director], shall make funds available to 
compensate third parties for bodily injury and property damage in an 
amount not to exceed the coverage limits specified above.
    (4) Guarantor agrees to notify [owner or operator] 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.
    (5) Guarantor agrees to remain bound under this guarantee 
notwithstanding any modification or alteration of any obligation of 
[owner or operator] pursuant to 40 CFR part 280.
    (6) Guarantor agrees to remain bound under this guarantee for so 
long as [local government owner or operator] must comply with the 
applicable financial responsibility requirements of 40 CFR part 280, 
subpart H for the above identified tank(s), except that guarantor may 
cancel this guarantee by sending notice by certified mail to [owner or 
operator], such cancellation to become effective no earlier than 120 
days after receipt of such notice by [owner or operator], as evidenced 
by the return receipt. If notified of a probable release, the guarantor 
agrees to remain bound to the terms of this guarantee for all charges 
arising from the release, up to the coverage limits specified above, 
notwithstanding the cancellation of the guarantee with respect to future 
releases.
    (7) The guarantor's obligation does not apply to any of the 
following:
    (a) Any obligation of [local government owner or operator] under a 
workers' compensation disability benefits, or unemployment compensation 
law or other similar law;
    (b) Bodily injury to an employee of [insert local government owner 
or operator] arising from, and in the course of, employment by [insert: 
local government owner or operator];
    (c) Bodily injury or property damage arising from the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaded to, in the 
care, custody, or control of, or occupied by [insert: local government 
owner or operator] that is not the direct result of a release from a 
petroleum underground storage tank;
    (e) Bodily damage 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 other than a contract or agreement 
entered into to meet the requirements of 40 CFR part 280.93.
    (8) Guarantor expressly waives notice of acceptance of this 
guarantee by [the implementing agency], by any or all third parties, or 
by [local government owner or operator].
    I hereby certify that the wording of this guarantee is identical to 
the wording specified in 40 CFR part 280.106(e) as such regulations were 
constituted on the effective date shown immediately below.

Effective date:_________________________________________________________
[Name of guarantor]
[Authorized signature for guarantor]
[Name of person signing]
[Title of person signing]
Signature of witness or notary:



    If the guarantor is a local government, the local government 
guarantee without standby trust must be worded exactly as follows, 
except that instructions in brackets are to be replaced with relevant 
information and the brackets deleted:

    Local Government Guarantee Without Standby Trust Made by a Local 
                               Government

    Guarantee made this [date] by [name of guaranteeing entity], a local 
government organized under the laws of [name of state], herein referred 
to as guarantor, to [the state implementing agency] and to any and all 
third parties, and obliges, on behalf of [local government owner or 
operator].

                                Recitals

    (1) Guarantor meets or exceeds [select one: the local government 
bond rating test requirements of 40 CFR part 280.104, the local 
government financial test requirements of 40 part CFR 280.105, the local 
government fund under 40 CFR part 280.107(a), 280.107(b), or 280.107(c).
    (2) [Local government owner or operator] owns or operates the 
following underground storage tank(s) covered by this guarantee: [List 
the number of tanks at each facility and the name(s) and address(es) of 
the facility(ies) where the tanks are located. If more than one 
instrument is used to assure different tanks at any one facility, for 
each tank covered by this instrument, list the tank identification 
number provided in the notification submitted pursuant to 40 CFR part 
280 or the corresponding state requirement, and the name and address of 
the facility.] This guarantee satisfies 40 CFR part 280, subpart H 
requirements for assuring

[[Page 1029]]

funding for [insert: ``taking corrective action'' and/or ``compensating 
third parties for bodily injury and property damage caused by'' either 
``sudden accidental releases'' or ``nonsudden accidental releases'' or 
``accidental releases''; if coverage is different for different tanks or 
locations, indicate the type of coverage applicable to each tank or 
location] arising from operating the above-identified underground 
storage tank(s) in the amount of [insert: dollar amount] per occurrence 
and [insert: dollar amount] annual aggregate.
    (3) Incident to our substantial governmental relationship with 
[local government owner or operator], guarantor guarantees to 
[implementing agency] and to any and all third parties and obliges that:
    In the event that [local government owner or operator] fails to 
provide alternative coverage within 60 days after receipt of a notice of 
cancellation of this guarantee and the [Director of the implementing 
agency] has determined or suspects that a release has occurred at an 
underground storage tank covered by this guarantee, the guarantor, upon 
written instructions from the [Director] shall make funds available to 
pay for corrective actions and compensate third parties for bodily 
injury and property damage in an amount not to exceed the coverage 
limits specified above.
    In the event that the [Director] determines that [local government 
owner or operator] has failed to perform corrective action for releases 
arising out of the operation of the above-identified tank(s) in 
accordance with 40 CFR part 280, subpart F, the guarantor upon written 
instructions from the [Director] shall make funds available to pay for 
corrective actions in an amount not to exceed the coverage limits 
specified above.
    If [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 
releases arising from the operation of the above-identified tank(s), 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, upon 
written instructions from the [Director], shall make funds available to 
compensate third parties for bodily injury and property damage in an 
amount not to exceed the coverage limits specified above.
    (4) Guarantor agrees that if at the end of any fiscal year before 
cancellation of this guarantee, the guarantor fails to meet or exceed 
the requirements of the financial responsibility mechanism specified in 
paragraph (1), guarantor shall send within 120 days of such failure, by 
certified mail, notice to [local government owner or operator], as 
evidenced by the return receipt.
    (5) Guarantor agrees to notify [owner or operator] 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.
    (6) Guarantor agrees to remain bound under this guarantee 
notwithstanding any modification or alteration of any obligation of 
[owner or operator] pursuant to 40 CFR part 280.
    (7) Guarantor agrees to remain bound under this guarantee for so 
long as [local government owner or operator] must comply with the 
applicable financial responsibility requirements of 40 CFR part 280, 
subpart H for the above identified tank(s), except that guarantor may 
cancel this guarantee by sending notice by certified mail to [owner or 
operator], such cancellation to become effective no earlier than 120 
days after receipt of such notice by [owner or operator], as evidenced 
by the return receipt. If notified of a probable release, the guarantor 
agrees to remain bound to the terms of this guarantee for all charges 
arising from the release, up to the coverage limits specified above, 
notwithstanding the cancellation of the guarantee with respect to future 
releases.
    (8) The guarantor's obligation does not apply to any of the 
following:
    (a) Any obligation of [local government owner or operator] under a 
workers' compensation disability benefits, or unemployment compensation 
law or other similar law;
    (b) Bodily injury to an employee of [insert: local government owner 
or operator] arising from, and in the course of, employment by [insert: 
local government owner or operator];
    (c) Bodily injury or property damage arising from the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaded to, in the 
care, custody, or control of, or occupied by [insert: local government 
owner or operator] that is not the direct result of a release from a 
petroleum underground storage tank;
    (e) Bodily damage 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 other than a contract or agreement 
entered into to meet the requirements of 40 CFR part 280.93.
    (9) Guarantor expressly waives notice of acceptance of this 
guarantee by [the implementing agency], by any or all third parties, or 
by [local government owner or operator],
    I hereby certify that the wording of this guarantee is identical to 
the wording specified in 40 CFR part 280.106(e) as such regulations were 
constituted on the effective date shown immediately below.

[[Page 1030]]

Effective date:_________________________________________________________
[Name of guarantor]
[Authorized signature for guarantor]
[Name of person signing]
[Title of person signing]
Signature of witness or notary:

[58 FR 9056, Feb. 18, 1993]



Sec. 280.107  Local government fund.

    A local government owner or operator may satisfy the requirements of 
Sec. 280.93 by establishing a dedicated fund account that conforms to 
the requirements of this section. Except as specified in paragraph (b), 
a dedicated fund may not be commingled with other funds or otherwise 
used in normal operations. A dedicated fund will be considered eligible 
if it meets one of the following requirements:
    (a) The fund is dedicated by state constitutional provision, or 
local government statute, charter, ordinance, or order to pay for taking 
corrective action and for compensating third parties for bodily injury 
and property damage caused by accidental releases arising from the 
operation of petroleum underground storage tanks and is funded for the 
full amount of coverage required under Sec. 280.93, or funded for part 
of the required amount of coverage and used in combination with other 
mechanism(s) that provide the remaining coverage; or
    (b) The fund is dedicated by state constitutional provision, or 
local government statute, charter, ordinance, or order as a contingency 
fund for general emergencies, including taking corrective action and 
compensating third parties for bodily injury and property damage caused 
by accidental releases arising from the operation of petroleum 
underground storage tanks, and is funded for five times the full amount 
of coverage required under Sec. 280.93, or funded for part of the 
required amount of coverage and used in combination with other 
mechanism(s) that provide the remaining coverage. If the fund is funded 
for less than five times the amount of coverage required under 
Sec. 280.93, the amount of financial responsibility demonstrated by the 
fund may not exceed one-fifth the amount in the fund; or
    (c) The fund is dedicated by state constitutional provision, or 
local government statute, charter, ordinance or order to pay for taking 
corrective action and for compensating third parties for bodily injury 
and property damage caused by accidental releases arising from the 
operation of petroleum underground storage tanks. A payment is made to 
the fund once every year for seven years until the fund is fully-funded. 
This seven year period is hereafter referred to as the ``pay-in-
period.'' The amount of each payment must be determined by this formula:

                                                                        
                                        TF-CF                           
                                    -------------                       
                                          Y                             
                                                                        

Where TF is the total required financial assurance for the owner or 
operator, CF is the current amount in the fund, and Y is the number of 
years remaining in the pay-in-period, and;
    (1) The local government owner or operator has available bonding 
authority, approved through voter referendum (if such approval is 
necessary prior to the issuance of bonds), for an amount equal to the 
difference between the required amount of coverage and the amount held 
in the dedicated fund. This bonding authority shall be available for 
taking corrective action and for compensating third parties for bodily 
injury and property damage caused by accidental releases arising from 
the operation of petroleum underground storage tanks, or
    (2) The local government owner or operator has a letter signed by 
the appropriate state attorney general stating that the use of the 
bonding authority will not increase the local government's debt beyond 
the legal debt ceilings established by the relevant state laws. The 
letter must also state that prior voter approval is not necessary before 
use of the bonding authority.
    (d) To demonstrate that it meets the requirements of the local 
government fund, the chief financial officer of the local government 
owner or operator and/or guarantor must sign a letter worded exactly as 
follows, except that the instructions in brackets are to be replaced by 
the relevant information and the brackets deleted:

[[Page 1031]]

                   Letter from Chief Financial Officer

    I am the chief financial officer of [insert: name and address of 
local government owner or operator, or guarantor]. This letter is in 
support of the use of the local government fund mechanism to demonstrate 
financial responsibility for [insert: ``taking corrective action'' and/
or ``compensating third parties for bodily injury and property damage''] 
caused by [insert: ``sudden accidental releases'' and/or ``nonsudden 
accidental releases''] in the amount of at least [insert: dollar amount] 
per occurrence and [insert: dollar amount] annual aggregate arising from 
operating (an) underground storage tank(s).
    Underground storage tanks at the following facilities are assured by 
this local government fund mechanism: [List for each facility: the name 
and address of the facility where tanks are assured by the local 
government fund].
    [Insert: ``The local government fund is funded for the full amount 
of coverage required under Sec. 280.93, or funded for part of the 
required amount of coverage and used in combination with other 
mechanism(s) that provide the remaining coverage.'' or ``The local 
government fund is funded for ten times the full amount of coverage 
required under Sec. 280.93, or funded for part of the required amount of 
coverage and used in combination with other mechanisms(s) that provide 
the remaining coverage,'' or ``A payment is made to the fund once every 
year for seven years until the fund is fully-funded and [name of local 
government owner or operator] has available bonding authority, approved 
through voter referendum, of an amount equal to the difference between 
the required amount of coverage and the amount held in the dedicated 
fund'' or ``A payment is made to the fund once every year for seven 
years until the fund is fully-funded and I have attached a letter signed 
by the State Attorney General stating that (1) the use of the bonding 
authority will not increase the local government's debt beyond the legal 
debt ceilings established by the relevant state laws and (2) that prior 
voter approval is not necessary before use of the bonding authority''].
    The details of the local government fund are as follows:

Amount in Fund (market value of fund at close of last fiscal year):_____
    [If fund balance is incrementally funded as specified in 
Sec. 280.107(c), insert:
Amount added to fund in the most recently completed fiscal year:________
Number of years remaining in the pay-in period: ________]

    A copy of the state constitutional provision, or local government 
statute, charter, ordinance or order dedicating the fund is attached.
    I hereby certify that the wording of this letter is identical to the 
wording specified in 40 CFR 280.107(d) as such regulations were 
constituted on the date shown immediately below.
[Date]
[Signature]
[Name]
[Title]

[58 FR 9059, Feb. 18, 1993]



Sec. 280.108  Substitution of financial assurance mechanisms by owner or operator.

    (a) An owner or operator may substitute any alternate financial 
assurance mechanisms as specified in this subpart, provided that at all 
times he maintains an effective financial assurance mechanism or 
combination of mechanisms that satisfies the requirements of 
Sec. 280.93.
    (b) After obtaining alternate financial assurance as specified in 
this subpart, an owner or operator may cancel a financial assurance 
mechanism by providing notice to the provider of financial assurance.

[53 FR 43370, Oct. 26, 1988. Redesignated at 58 FR 9051, Feb. 18, 1993]



Sec. 280.109  Cancellation or nonrenewal by a provider of financial assurance.

    (a) Except as otherwise provided, a provider of financial assurance 
may cancel or fail to renew an assurance mechanism by sending a notice 
of termination by certified mail to the owner or operator.
    (1) Termination of a local government guarantee, a guarantee, a 
surety bond, or a letter of credit may not occur until 120 days after 
the date on which the owner or operator receives the notice of 
termination, as evidenced by the return receipt.
    (2) Termination of insurance or risk retention coverage, except for 
non-payment or misrepresentation by the insured, or state-funded 
assurance may not occur until 60 days after the date on which the owner 
or operator receives the notice of termination, as evidenced by the 
return receipt. Termination for non-payment of premium or 
misrepresentation by the insured may not occur until a minimum of 10 
days after the date on which the owner or

[[Page 1032]]

operator receives the notice of termination, as evidenced by the return 
receipt.
    (b) If a provider of financial responsibility cancels or fails to 
renew for reasons other than incapacity of the provider as specified in 
Sec. 280.114, the owner or operator must obtain alternate coverage as 
specified in this section within 60 days after receipt of the notice of 
termination. If the owner or operator fails to obtain alternate coverage 
within 60 days after receipt of the notice of termination, the owner or 
operator must notify the Director of the implementing agency of such 
failure and submit:
    (1) The name and address of the provider of financial assurance;
    (2) The effective date of termination; and
    (3) The evidence of the financial assistance mechanism subject to 
the termination maintained in accordance with Sec. 280.107(b).

[58 FR 9051, Feb. 18, 1993]



Sec. 280.110  Reporting by owner or operator.

    (a) An owner or operator must submit the appropriate forms listed in 
Sec. 280.111(b) documenting current evidence of financial responsibility 
to the Director of the implementing agency:
    (1) Within 30 days after the owner or operator identifies a release 
from an underground storage tank required to be reported under 
Sec. 280.53 or Sec. 280.61;
    (2) If the owner or operator fails to obtain alternate coverage as 
required by this subpart, within 30 days after the owner or operator 
receives notice of:
    (i) Commencement of a voluntary or involuntary proceeding under 
Title 11 (Bankruptcy), U.S. Code, naming a provider of financial 
assurance as a debtor,
    (ii) Suspension or revocation of the authority of a provider of 
financial assurance to issue a financial assurance mechanism,
    (iii) Failure of a guarantor to meet the requirements of the 
financial test,
    (iv) Other incapacity of a provider of financial assurance; or
    (3) As required by Sec. 280.95(g) and Sec. 280.109(b).
    (b) An owner or operator must certify compliance with the financial 
responsibility requirements of this part as specified in the new tank 
notification form when notifying the appropriate state or local agency 
of the installation of a new underground storage tank under Sec. 280.22.
    (c) The Director of the Implementing Agency may require an owner or 
operator to submit evidence of financial assurance as described in 
Sec. 280.111(b) or other information relevant to compliance with this 
subpart at any time.

[58 FR 9051, Feb. 18, 1993]



Sec. 280.111  Recordkeeping.

    (a) Owners or operators must maintain evidence of all financial 
assurance mechanisms used to demonstrate financial responsibility under 
this subpart for an underground storage tank until released from the 
requirements of this subpart under Sec. 208.113. An owner or operator 
must maintain such evidence at the underground storage tank site or the 
owner's or operator's place of work. Records maintained off-site must be 
made available upon request of the implementing agency.
    (b) An owner or operator must maintain the following types of 
evidence of financial responsibility:
    (1) An owner or operator using an assurance mechanism specified in 
Secs. 280.95 through 280.100 or Sec. 280.102 or Secs. 280.104 through 
280.107 must maintain a copy of the instrument worded as specified.
    (2) An owner or operator using a financial test or guarantee, or a 
local government financial test or a local government guarantee 
supported by the local government financial test must maintain a copy of 
the chief financial officer's letter based on year-end financial 
statements for the most recent completed financial reporting year. Such 
evidence must be on file no later than 120 days after the close of the 
financial reporting year.
    (3) An owner or operator using a guarantee, surety bond, or letter 
of credit must maintain a copy of the signed standby trust fund 
agreement and copies of any amendments to the agreement.
    (4) A local government owner or operator using a local government 
guarantee under Sec. 280.106(d) must maintain a

[[Page 1033]]

copy of the signed standby trust fund agreement and copies of any 
amendments to the agreement.
    (5) A local government owner or operator using the local government 
bond rating test under Sec. 280.104 must maintain a copy of its bond 
rating published within the last twelve months by Moody's or Standard & 
Poor's.
    (6) A local government owner or operator using the local government 
guarantee under Sec. 280.106, where the guarantor's demonstration of 
financial responsibility relies on the bond rating test under 
Sec. 280.104 must maintain a copy of the guarantor's bond rating 
published within the last twelve months by Moody's or Standard & Poor's.
    (7) An owner or operator using an insurance policy or risk retention 
group coverage must maintain a copy of the signed insurance policy or 
risk retention group coverage policy, with the endorsement or 
certificate of insurance and any amendments to the agreements.
    (8) An owner or operator covered by a state fund or other state 
assurance must maintain on file a copy of any evidence of coverage 
supplied by or required by the state under Sec. 280.101(d).
    (9) An owner or operator using a local government fund under 
Sec. 280.107 must maintain the following documents:
    (i) A copy of the state constitutional provision or local government 
statute, charter, ordinance, or order dedicating the fund, and
    (ii) Year-end financial statements for the most recent completed 
financial reporting year showing the amount in the fund. If the fund is 
established under Sec. 280.107(a)(3) using incremental funding backed by 
bonding authority, the financial statements must show the previous 
year's balance, the amount of funding during the year, and the closing 
balance in the fund.
    (iii) If the fund is established under Sec. 280.107(a)(3) using 
incremental funding backed by bonding authority, the owner or operator 
must also maintain documentation of the required bonding authority, 
including either the results of a voter referendum (under 
Sec. 280.107(a)(3)(i)), or attestation by the State Attorney General as 
specified under Sec. 280.107(a)(3)(ii).
    (10) A local government owner or operator using the local government 
guarantee supported by the local government fund must maintain a copy of 
the guarantor's year-end financial statements for the most recent 
completed financial reporting year showing the amount of the fund.
    (11)(i) An owner or operator using an assurance mechanism specified 
in Secs. 280.95 through 280.107 must maintain an updated copy of a 
certification of financial responsibility worded as follows, except that 
instructions in brackets are to be replaced with the relevant 
information and the brackets deleted:

                Certification of Financial Responsibility

    [Owner or operator] hereby certifies that it is in compliance with 
the requirements of subpart H of 40 CFR part 280.
    The financial assurance mechanism(s) used to demonstrate financial 
responsibility under subpart H of 40 CFR part 280 is (are) as follows:
    [For each mechanism, list the type of mechanism, name of issuer, 
mechanism number (if applicable), amount of coverage, effective period 
of coverage and whether the mechanism covers ``taking corrective 
action'' and/or ``compensating third parties for bodily injury and 
property damage caused by'' either ``sudden accidental releases'' or 
``nonsudden accidental releases'' or ``accidental releases.'']

[Signature of owner or operator]
[Name of owner or operator]
[Title]
[Date]
[Signature of witness or notary]
[Name of witness or notary]
[Date]

    (ii) The owner or operator must update this certification whenever 
the financial assurance mechanism(s) used to demonstrate financial 
responsibility change(s).

[58 FR 9051, Feb. 18, 1993]



Sec. 280.112  Drawing on financial assurance mechanisms.

    (a) Except as specified in paragraph (d) of this section, the 
Director of the implementing agency shall require the guarantor, surety, 
or institution issuing a letter of credit to place the

[[Page 1034]]

amount of funds stipulated by the Director, up to the limit of funds 
provided by the financial assurance mechanism, into the standby trust 
if:
    (1)(i) The owner or operator fails to establish alternate financial 
assurance within 60 days after receiving notice of cancellation of the 
guarantee, surety bond, letter of credit, or, as applicable, other 
financial assurance mechanism; and
    (ii) The Director determines or suspects that a release from an 
underground storage tank covered by the mechanism has occurred and so 
notifies the owner or operator or the owner or operator has notified the 
Director pursuant to subparts E or F of a release from an underground 
storage tank covered by the mechanism; or
    (2) The conditions of paragraph (b)(1) or (b)(2) (i) or (ii) of this 
section are satisfied.
    (b) The Director of the implementing agency may draw on a standby 
trust fund when:
    (1) The Director makes a final determination that a release has 
occurred and immediate or long-term corrective action for the release is 
needed, and the owner or operator, after appropriate notice and 
opportunity to comply, has not conducted corrective action as required 
under 40 CFR part 280, subpart F; or
    (2) The Director has received either:
    (i) Certification from the owner or operator and the third-party 
liability claimant(s) and from attorneys representing the owner or 
operator and the third-party liability claimant(s) that a third-party 
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 principals and as legal representatives of 
[insert: owner or operator] and [insert: name and address of third-party 
claimant], hereby certify that the claim of bodily injury [and/or] 
property damage caused by an accidental release arising from operating 
[owner's or operator's] underground storage tank should be paid in the 
amount of $[____________].
[Signatures]
    Owner or Operator
    Attorney for Owner or Operator
    (Notary)
    Date
[Signatures]
    Claimant(s)
    Attorney(s) for Claimant(s)
    (Notary)
    Date

or (ii) A valid final court order establishing a judgment against the 
owner or operator for bodily injury or property damage caused by an 
accidental release from an underground storage tank covered by financial 
assurance under this subpart and the Director determines that the owner 
or operator has not satisfied the judgment.
    (c) If the Director of the implementing agency determines that the 
amount of corrective action costs and third-party liability claims 
eligible for payment under paragraph (b) of this section may exceed the 
balance of the standby trust fund and the obligation of the provider of 
financial assurance, the first priority for payment shall be corrective 
action costs necessary to protect human health and the environment. The 
Director shall pay third-party liability claims in the order in which 
the Director receives certifications under paragraph (b)(2)(i) of this 
section, and valid court orders under paragraph (b)(2)(ii) of this 
section.
    (d) A governmental entity acting as guarantor under Sec. 280.106(e), 
the local government guarantee without standby trust, shall make 
payments as directed by the Director under the circumstances described 
in Sec. 280.112 (a), (b), and (c).

[58 FR 9052, Feb. 18, 1993]



Sec. 280.113  Release from the requirements.

    An owner or operator is no longer required to maintain financial 
responsibility under this subpart for an underground storage tank after 
the tank has been properly closed or, if corrective action is required, 
after corrective action has been completed and the tank has been 
properly closed as required by 40 CFR part 280, subpart G.
[53 FR 43370, Oct. 26, 1988. Redesignated at 58 FR 9051, Feb. 18, 1993]

[[Page 1035]]



Sec. 280.114  Bankruptcy or other incapacity of owner or operator or provider of financial assurance.

    (a) Within 10 days after commencement of a voluntary or involuntary 
proceeding under Title 11 (Bankruptcy), U.S. Code, naming an owner or 
operator as debtor, the owner or operator must notify the Director of 
the implementing agency by certified mail of such commencement and 
submit the appropriate forms listed in Sec. 280.111(b) documenting 
current financial responsibility.
    (b) Within 10 days after commencement of a voluntary or involuntary 
proceeding under Title 11 (Bankruptcy), U.S. Code, naming a guarantor 
providing financial assurance as debtor, such guarantor must notify the 
owner or operator by certified mail of such commencement as required 
under the terms of the guarantee specified in Sec. 280.96.
    (c) Within 10 days after commencement of a voluntary or involuntary 
proceeding under Title 11 (Bankruptcy), U.S. Code, naming a local 
government owner or operator as debtor, the local government owner or 
operator must notify the Director of the implementing agency by 
certified mail of such commencement and submit the appropriate forms 
listed in Sec. 280.111(b) documenting current financial responsibility.
    (d) Within 10 days after commencement of a voluntary or involuntary 
proceeding under Title 11 (Bankruptcy), U.S. Code, naming a guarantor 
providing a local government financial assurance as debtor, such 
guarantor must notify the local government owner or operator by 
certified mail of such commencement as required under the terms of the 
guarantee specified in Sec. 280.106.
    (e) An owner or operator who obtains financial assurance by a 
mechanism other than the financial test of self-insurance will be deemed 
to be without the required financial assurance in the event of a 
bankruptcy or incapacity of its provider of financial assurance, or a 
suspension or revocation of the authority of the provider of financial 
assurance to issue a guarantee, insurance policy, risk retention group 
coverage policy, surety bond, letter of credit, or state-required 
mechanism. The owner or operator must obtain alternate financial 
assurance as specified in this subpart within 30 days after receiving 
notice of such an event. If the owner or operator does not obtain 
alternate coverage within 30 days after such notification, he must 
notify the Director of the implementing agency.
    (f) Within 30 days after receipt of notification that a state fund 
or other state assurance has become incapable of paying for assured 
corrective action or third-party compensation costs, the owner or 
operator must obtain alternate financial assurance.
[58 FR 9053, Feb. 18, 1993]



Sec. 280.115  Replenishment of guarantees, letters of credit, or surety bonds.

    (a) If at any time after a standby trust is funded upon the 
instruction of the Director of the implementing agency with funds drawn 
from a guarantee, local government guarantee with standby trust, letter 
of credit, or surety bond, and the amount in the standby trust is 
reduced below the full amount of coverage required, the owner or 
operator shall by the anniversary date of the financial mechanism from 
which the funds were drawn:
    (1) Replenish the value of financial assurance to equal the full 
amount of coverage required, or
    (2) Acquire another financial assurance mechanism for the amount by 
which funds in the standby trust have been reduced.
    (b) For purposes of this section, the full amount of coverage 
required is the amount of coverage to be provided by Sec. 280.93 of this 
subpart. If a combination of mechanisms was used to provide the 
assurance funds which were drawn upon, replenishment shall occur by the 
earliest anniversary date among the mechanisms.
[58 FR 9053, Feb. 18, 1993]
Sec. 280.116  Suspension of enforcement. [Reserved]



                       Subpart I--Lender Liability

    Source: 60 FR 46711, Sept. 7, 1995, unless otherwise noted.

[[Page 1036]]



Sec. 280.200  Definitions.

    (a) UST technical standards, as used in this subpart, refers to the 
UST preventative and operating requirements under 40 CFR part 280, 
subparts B, C, D, G, and Sec. 280.50 of subpart E.
    (b) Petroleum production, refining, and marketing.
    (1) Petroleum production means the production of crude oil or other 
forms of petroleum (as defined in Sec. 280.12) as well as the production 
of petroleum products from purchased materials.
    (2) Petroleum refining means the cracking, distillation, separation, 
conversion, upgrading, and finishing of refined petroleum or petroleum 
products.
    (3) Petroleum marketing means the distribution, transfer, or sale of 
petroleum or petroleum products for wholesale or retail purposes.
    (c) Indicia of ownership means evidence of a secured interest, 
evidence of an interest in a security interest, or evidence of an 
interest in real or personal property securing a loan or other 
obligation, including any legal or equitable title or deed to real or 
personal property acquired through or incident to foreclosure. Evidence 
of such interests include, but are not limited to, mortgages, deeds of 
trust, liens, surety bonds and guarantees of obligations, title held 
pursuant to a lease financing transaction in which the lessor does not 
select initially the leased property (hereinafter ``lease financing 
transaction''), and legal or equitable title obtained pursuant to 
foreclosure. Evidence of such interests also includes assignments, 
pledges, or other rights to or other forms of encumbrance against 
property that are held primarily to protect a security interest. A 
person is not required to hold title or a security interest in order to 
maintain indicia of ownership.
    (d) A holder is a person who, upon the effective date of this 
regulation or in the future, maintains indicia of ownership (as defined 
in Sec. 280.200(c)) primarily to protect a security interest (as defined 
in Sec. 280.200(f)(1)) in a petroleum UST or UST system or facility or 
property on which a petroleum UST or UST system is located. A holder 
includes the initial holder (such as a loan originator); any subsequent 
holder (such as a successor-in-interest or subsequent purchaser of the 
security interest on the secondary market); a guarantor of an 
obligation, surety, or any other person who holds ownership indicia 
primarily to protect a security interest; or a receiver or other person 
who acts on behalf or for the benefit of a holder.
    (e) A borrower, debtor, or obligor is a person whose UST or UST 
system or facility or property on which the UST or UST system is located 
is encumbered by a security interest. These terms may be used 
interchangeably.
    (f) Primarily to protect a security interest means that the holder's 
indicia of ownership are held primarily for the purpose of securing 
payment or performance of an obligation.
    (1) Security interest means an interest in a petroleum UST or UST 
system or in the facility or property on which a petroleum UST or UST 
system is located, created or established for the purpose of securing a 
loan or other obligation. Security interests include but are not limited 
to mortgages, deeds of trusts, liens, and title pursuant to lease 
financing transactions. Security interests may also arise from 
transactions such as sale and leasebacks, conditional sales, installment 
sales, trust receipt transactions, certain assignments, factoring 
agreements, accounts receivable financing arrangements, and 
consignments, if the transaction creates or establishes an interest in 
an UST or UST system or in the facility or property on which the UST or 
UST system is located, for the purpose of securing a loan or other 
obligation.
    (2) Primarily to protect a security interest, as used in this 
subpart, does not include indicia of ownership held primarily for 
investment purposes, nor ownership indicia held primarily for purposes 
other than as protection for a security interest. A holder may have 
other, secondary reasons for maintaining indicia of ownership, but the 
primary reason why any ownership indicia are held must be as protection 
for a security interest.
    (g) Operation means, for purposes of this subpart, the use, storage, 
filling, or dispensing of petroleum contained in an UST or UST system.

[[Page 1037]]





Sec. 280.210  Participation in management.
    The term ``participating in the management of an UST or UST system'' 
means that, subsequent to the effective date of this subpart, December 
6, 1995, the holder is engaging in decisionmaking control of, or 
activities related to, operation of the UST or UST system, as defined 
herein.
    (a) Actions that are participation in management.
    (1) Participation in the management of an UST or UST system means, 
for purposes of this subpart, actual participation by the holder in the 
management or control of decisionmaking related to the operation of an 
UST or UST system. Participation in management does not include the mere 
capacity or ability to influence or the unexercised right to control UST 
or UST system operations. A holder is participating in the management of 
the UST or UST system only if the holder either:
    (i) Exercises decisionmaking control over the operational (as 
opposed to financial or administrative) aspects of the UST or UST 
system, such that the holder has undertaken responsibility for all or 
substantially all of the management of the UST or UST system; or
    (ii) Exercises control at a level comparable to that of a manager of 
the borrower's enterprise, such that the holder has assumed or 
manifested responsibility for the overall management of the enterprise 
encompassing the day-to-day decisionmaking of the enterprise with 
respect to all, or substantially all, of the operational (as opposed to 
financial or administrative) aspects of the enterprise.
    (2) Operational aspects of the enterprise relate to the use, 
storage, filling, or dispensing of petroleum contained in an UST or UST 
system, and include functions such as that of a facility or plant 
manager, operations manager, chief operating officer, or chief executive 
officer. Financial or administrative aspects include functions such as 
that of a credit manager, accounts payable/receivable manager, personnel 
manager, controller, chief financial officer, or similar functions. 
Operational aspects of the enterprise do not include the financial or 
administrative aspects of the enterprise, or actions associated with 
environmental compliance, or actions undertaken voluntarily to protect 
the environment in accordance with applicable requirements in 40 CFR 
part 280 or applicable state requirements in those states that have been 
delegated authority by EPA to administer the UST program pursuant to 42 
USC 6991c and 40 CFR part 281.
    (b) Actions that are not participation in management pre-
foreclosure.
    (1) Actions at the inception of the loan or other transaction. No 
act or omission prior to the time that indicia of ownership are held 
primarily to protect a security interest constitutes evidence of 
participation in management within the meaning of this subpart. A 
prospective holder who undertakes or requires an environmental 
investigation (which could include a site assessment, inspection, and/or 
audit) of the UST or UST system or facility or property on which the UST 
or UST system is located (in which indicia of ownership are to be held), 
or requires a prospective borrower to clean up contamination from the 
UST or UST system or to comply or come into compliance (whether prior or 
subsequent to the time that indicia of ownership are held primarily to 
protect a security interest) with any applicable law or regulation, is 
not by such action considered to be participating in the management of 
the UST or UST system or facility or property on which the UST or UST 
system is located.
    (2) Loan policing and work out. Actions that are consistent with 
holding ownership indicia primarily to protect a security interest do 
not constitute participation in management for purposes of this subpart. 
The authority for the holder to take such actions may, but need not, be 
contained in contractual or other documents specifying requirements for 
financial, environmental, and other warranties, covenants, conditions, 
representations or promises from the borrower. Loan policing and work 
out activities cover and include all such activities up to foreclosure, 
exclusive of any activities that constitute participation in management.
    (i) Policing the security interest or loan.

[[Page 1038]]

    (A) A holder who engages in policing activities prior to foreclosure 
will remain within the exemption provided that the holder does not 
together with other actions participate in the management of the UST or 
UST system as provided in Sec. 280.210(a). Such policing actions 
include, but are not limited to, requiring the borrower to clean up 
contamination from the UST or UST system during the term of the security 
interest; requiring the borrower to comply or come into compliance with 
applicable federal, state, and local environmental and other laws, 
rules, and regulations during the term of the security interest; 
securing or exercising authority to monitor or inspect the UST or UST 
system or facility or property on which the UST or UST system is located 
(including on-site inspections) in which indicia of ownership are 
maintained, or the borrower's business or financial condition during the 
term of the security interest; or taking other actions to adequately 
police the loan or security interest (such as requiring a borrower to 
comply with any warranties, covenants, conditions, representations, or 
promises from the borrower).
    (B) Policing activities also include undertaking by the holder of 
UST environmental compliance actions and voluntary environmental actions 
taken in compliance with 40 CFR part 280, provided that the holder does 
not otherwise participate in the management or daily operation of the 
UST or UST system as provided in Sec. 280.210(a) and Sec. 280.230. Such 
allowable actions include, but are not limited to, release detection and 
release reporting, release response and corrective action, temporary or 
permanent closure of an UST or UST system, UST upgrading or replacement, 
and maintenance of corrosion protection. A holder who undertakes these 
actions must do so in compliance with the applicable requirements in 40 
CFR part 280 or applicable state requirements in those states that have 
been delegated authority by EPA to administer the UST program pursuant 
to 42 U.S.C. 6991c and 40 CFR part 281. A holder may directly oversee 
these environmental compliance actions and voluntary environmental 
actions, and directly hire contractors to perform the work, and is not 
by such action considered to be participating in the management of the 
UST or UST system.
    (ii) Loan work out. A holder who engages in work out activities 
prior to foreclosure will remain within the exemption provided that the 
holder does not together with other actions participate in the 
management of the UST or UST system as provided in Sec. 280.210(a). For 
purposes of this rule, ``work out'' refers to those actions by which a 
holder, at any time prior to foreclosure, seeks to prevent, cure, or 
mitigate a default by the borrower or obligor; or to preserve, or 
prevent the diminution of, the value of the security. Work out 
activities include, but are not limited to, restructuring or 
renegotiating the terms of the security interest; requiring payment of 
additional rent or interest; exercising forbearance; requiring or 
exercising rights pursuant to an assignment of accounts or other amounts 
owing to an obligor; requiring or exercising rights pursuant to an 
escrow agreement pertaining to amounts owing to an obligor; providing 
specific or general financial or other advice, suggestions, counseling, 
or guidance; and exercising any right or remedy the holder is entitled 
to by law or under any warranties, covenants, conditions, 
representations, or promises from the borrower.
    (c) Foreclosure on an UST or UST system or facility or property on 
which an UST or UST system is located, and participation in management 
activities post-foreclosure.
    (1) Foreclosure. (i) Indicia of ownership that are held primarily to 
protect a security interest include legal or equitable title or deed to 
real or personal property acquired through or incident to foreclosure. 
For purposes of this subpart, the term ``foreclosure'' means that legal, 
marketable or equitable title or deed has been issued, approved, and 
recorded, and that the holder has obtained access to the UST, UST 
system, UST facility, and property on which the UST or UST system is 
located, provided that the holder acted diligently to acquire marketable 
title or deed and to gain access to the UST, UST system, UST facility, 
and property on which the UST or UST system

[[Page 1039]]

is located. The indicia of ownership held after foreclosure continue to 
be maintained primarily as protection for a security interest provided 
that the holder undertakes to sell, re-lease an UST or UST system or 
facility or property on which the UST or UST system is located, held 
pursuant to a lease financing transaction (whether by a new lease 
financing transaction or substitution of the lessee), or otherwise 
divest itself of the UST or UST system or facility or property on which 
the UST or UST system is located, in a reasonably expeditious manner, 
using whatever commercially reasonable means are relevant or appropriate 
with respect to the UST or UST system or facility or property on which 
the UST or UST system is located, taking all facts and circumstances 
into consideration, and provided that the holder does not participate in 
management (as defined in Sec. 280.210(a)) prior to or after 
foreclosure.
    (ii) For purposes of establishing that a holder is seeking to sell, 
re-lease pursuant to a lease financing transaction (whether by a new 
lease financing transaction or substitution of the lessee), or divest in 
a reasonably expeditious manner an UST or UST system or facility or 
property on which the UST or UST system is located, the holder may use 
whatever commercially reasonable means as are relevant or appropriate 
with respect to the UST or UST system or facility or property on which 
the UST or UST system is located, or may employ the means specified in 
Sec. 280.210(c)(2). A holder that outbids, rejects, or fails to act upon 
a written bona fide, firm offer of fair consideration for the UST or UST 
system or facility or property on which the UST or UST system is 
located, as provided in Sec. 280.210(c)(2), is not considered to hold 
indicia of ownership primarily to protect a security interest.
    (2) Holding foreclosed property for disposition and liquidation. A 
holder, who does not participate in management prior to or after 
foreclosure, may sell, re-lease, pursuant to a lease financing 
transaction (whether by a new lease financing transaction or 
substitution of the lessee), an UST or UST system or facility or 
property on which the UST or UST system is located, liquidate, wind up 
operations, and take measures, prior to sale or other disposition, to 
preserve, protect, or prepare the secured UST or UST system or facility 
or property on which the UST or UST system is located. A holder may also 
arrange for an existing or new operator to continue or initiate 
operation of the UST or UST system. The holder may conduct these 
activities without voiding the security interest exemption, subject to 
the requirements of this subpart.
    (i) A holder establishes that the ownership indicia maintained after 
foreclosure continue to be held primarily to protect a security interest 
by, within 12 months following foreclosure, listing the UST or UST 
system or the facility or property on which the UST or UST system is 
located, with a broker, dealer, or agent who deals with the type of 
property in question, or by advertising the UST or UST system or 
facility or property on which the UST or UST system is located, as being 
for sale or disposition on at least a monthly basis in either a real 
estate publication or a trade or other publication suitable for the UST 
or UST system or facility or property on which the UST or UST system is 
located, or a newspaper of general circulation (defined as one with a 
circulation over 10,000, or one suitable under any applicable federal, 
state, or local rules of court for publication required by court order 
or rules of civil procedure) covering the location of the UST or UST 
system or facility or property on which the UST or UST system is 
located. For purposes of this provision, the 12-month period begins to 
run from December 6, 1995 or from the date that the marketable title or 
deed has been issued, approved and recorded, and the holder has obtained 
access to the UST, UST system, UST facility and property on which the 
UST or UST system is located, whichever is later, provided that the 
holder acted diligently to acquire marketable title or deed and to 
obtain access to the UST, UST system, UST facility and property on which 
the UST or UST system is located. If the holder fails to act diligently 
to acquire marketable title or deed or to gain access to the UST or UST 
system, the 12-month period begins to run from December 6, 1995 or

[[Page 1040]]

from the date on which the holder first acquires either title to or 
possession of the secured UST or UST system, or facility or property on 
which the UST or UST system is located, whichever is later.
    (ii) A holder that outbids, rejects, or fails to act upon an offer 
of fair consideration for the UST or UST system or the facility or 
property on which the UST or UST system is located, establishes by such 
outbidding, rejection, or failure to act, that the ownership indicia in 
the secured UST or UST system or facility or property on which the UST 
or UST system is located are not held primarily to protect the security 
interest, unless the holder is required, in order to avoid liability 
under federal or state law, to make a higher bid, to obtain a higher 
offer, or to seek or obtain an offer in a different manner.
    (A) Fair consideration, in the case of a holder maintaining indicia 
of ownership primarily to protect a senior security interest in the UST 
or UST system or facility or property on which the UST or UST system is 
located, is the value of the security interest as defined in this 
section. The value of the security interest includes all debt and costs 
incurred by the security interest holder, and is calculated as an amount 
equal to or in excess of the sum of the outstanding principal (or 
comparable amount in the case of a lease that constitutes a security 
interest) owed to the holder immediately preceding the acquisition of 
full title (or possession in the case of a lease financing transaction) 
pursuant to foreclosure, plus any unpaid interest, rent, or penalties 
(whether arising before or after foreclosure). The value of the security 
interest also includes all reasonable and necessary costs, fees, or 
other charges incurred by the holder incident to work out, foreclosure, 
retention, preserving, protecting, and preparing, prior to sale, the UST 
or UST system or facility or property on which the UST or UST system is 
located, re-lease, pursuant to a lease financing transaction (whether by 
a new lease financing transaction or substitution of the lessee), of an 
UST or UST system or facility or property on which the UST or UST system 
is located, or other disposition. The value of the security interest 
also includes environmental investigation costs (which could include a 
site assessment, inspection, and/or audit of the UST or UST system or 
facility or property on which the UST or UST system is located), and 
corrective action costs incurred under Secs. 280.51 through 280.67 or 
any other costs incurred as a result of reasonable efforts to comply 
with any other applicable federal, state or local law or regulation; 
less any amounts received by the holder in connection with any partial 
disposition of the property and any amounts paid by the borrower (if not 
already applied to the borrower's obligations) subsequent to the 
acquisition of full title (or possession in the case of a lease 
financing transaction) pursuant to foreclosure. In the case of a holder 
maintaining indicia of ownership primarily to protect a junior security 
interest, fair consideration is the value of all outstanding higher 
priority security interests plus the value of the security interest held 
by the junior holder, each calculated as set forth in this paragraph.
    (B) Outbids, rejects, or fails to act upon an offer of fair 
consideration means that the holder outbids, rejects, or fails to act 
upon within 90 days of receipt, a written, bona fide, firm offer of fair 
consideration for the UST or UST system or facility or property on which 
the UST or UST system is located received at any time after six months 
following foreclosure, as defined in Sec. 280.210(c). A ``written, bona 
fide, firm offer'' means a legally enforceable, commercially reasonable, 
cash offer solely for the foreclosed UST or UST system or facility or 
property on which the UST or UST system is located, including all 
material terms of the transaction, from a ready, willing, and able 
purchaser who demonstrates to the holder's satisfaction the ability to 
perform. For purposes of this provision, the six-month period begins to 
run from December 6, 1995 or from the date that marketable title or deed 
has been issued, approved and recorded to the holder, and the holder has 
obtained access to the UST, UST system, UST facility and property on 
which the UST or UST system is located, whichever is later, provided 
that the holder was acting diligently to acquire marketable title or 
deed and to obtain access to

[[Page 1041]]

the UST or UST system, UST facility and property on which the UST or UST 
system is located. If the holder fails to act diligently to acquire 
marketable title or deed or to gain access to the UST or UST system, the 
six-month period begins to run from December 6, 1995 or from the date on 
which the holder first acquires either title to or possession of the 
secured UST or UST system, or facility or property on which the UST or 
UST system is located, whichever is later.
    (3) Actions that are not participation in management post-
foreclosure. A holder is not considered to be participating in the 
management of an UST or UST system or facility or property on which the 
UST or UST system is located when undertaking actions under 40 CFR part 
280, provided that the holder does not otherwise participate in the 
management or daily operation of the UST or UST system as provided in 
Sec. 280.210(a) and Sec. 280.230. Such allowable actions include, but 
are not limited to, release detection and release reporting, release 
response and corrective action, temporary or permanent closure of an UST 
or UST system, UST upgrading or replacement, and maintenance of 
corrosion protection. A holder who undertakes these actions must do so 
in compliance with the applicable requirements in 40 CFR part 280 or 
applicable state requirements in those states that have been delegated 
authority by EPA to administer the UST program pursuant to 42 U.S.C. 
6991c and 40 CFR part 281. A holder may directly oversee these 
environmental compliance actions and voluntary environmental actions, 
and directly hire contractors to perform the work, and is not by such 
action considered to be participating in the management of the UST or 
UST system.



Sec. 280.220  Ownership of an underground storage tank or underground storage tank system or facility or property on which an underground storage tank or 
          underground storage tank system is located.

    Ownership of an UST or UST system or facility or property on which 
an UST or UST system is located. A holder is not an ``owner'' of a 
petroleum UST or UST system or facility or property on which a petroleum 
UST or UST system is located for purposes of compliance with the UST 
technical standards as defined in Sec. 280.200(a), the UST corrective 
action requirements under Secs. 280.51 through 280.67, and the UST 
financial responsibility requirements under Secs. 280.90 through 
280.111, provided the person:
    (a) Does not participate in the management of the UST or UST system 
as defined in Sec. 280.210; and

    (b) Does not engage in petroleum production, refining, and marketing 
as defined in Sec. 280.200(b).



Sec. 280.230  Operating an underground storage tank or underground storage tank system.

    (a) Operating an UST or UST system prior to foreclosure. A holder, 
prior to foreclosure, as defined in Sec. 280.210(c), is not an 
``operator'' of a petroleum UST or UST system for purposes of compliance 
with the UST technical standards as defined in Sec. 280.200(a), the UST 
corrective action requirements under Secs. 280.51 through 280.67, and 
the UST financial responsibility requirements under Secs. 280.90 through 
280.111, provided that, after December 6, 1995, the holder is not in 
control of or does not have responsibility for the daily operation of 
the UST or UST system.

    (b) Operating an UST or UST system after foreclosure. The following 
provisions apply to a holder who, through foreclosure, as defined in 
Sec. 280.210(c), acquires a petroleum UST or UST system or facility or 
property on which a petroleum UST or UST system is located.

    (1) A holder is not an ``operator'' of a petroleum UST or UST system 
for purposes of compliance with 40 CFR part 280 if there is an operator, 
other than the holder, who is in control of or has responsibility for 
the daily operation of the UST or UST system, and who can be held 
responsible for compliance with applicable requirements of 40 CFR part 
280 or applicable state requirements in those states that have been 
delegated authority by EPA to administer the UST program pursuant to 42 
U.S.C. 6991c and 40 CFR part 281.

    (2) If another operator does not exist, as provided for under 
paragraph (b)(1)

[[Page 1042]]

of this section, a holder is not an ``operator'' of the UST or UST 
system, for purposes of compliance with the UST technical standards as 
defined in Sec. 280.200(a), the UST corrective action requirements under 
Secs. 280.51 through 280.67, and the UST financial responsibility 
requirements under Secs. 280.90 through 280.111, provided that the 
holder:
    (i) Empties all of its known USTs and UST systems within 60 calendar 
days after foreclosure or within 60 calendar days after December 6, 
1995, whichever is later, or another reasonable time period specified by 
the implementing agency, so that no more than 2.5 centimeters (one inch) 
of residue, or 0.3 percent by weight of the total capacity of the UST 
system, remains in the system; leaves vent lines open and functioning; 
and caps and secures all other lines, pumps, manways, and ancillary 
equipment; and
    (ii) Empties those USTs and UST systems that are discovered after 
foreclosure within 60 calendar days after discovery or within 60 
calendar days after December 6, 1995, whichever is later, or another 
reasonable time period specified by the implementing agency, so that no 
more than 2.5 centimeters (one inch) of residue, or 0.3 percent by 
weight of the total capacity of the UST system, remains in the system; 
leaves vent lines open and functioning; and caps and secures all other 
lines, pumps, manways, and ancillary equipment.
    (3) If another operator does not exist, as provided for under 
paragraph (b)(1) of this section, in addition to satisfying the 
conditions under paragraph (b)(2) of this section, the holder must 
either:
    (i) Permanently close the UST or UST system in accordance with 
Secs. 280.71 through 280.74, except Sec. 280.72(b); or
    (ii) Temporarily close the UST or UST system in accordance with the 
following applicable provisions of Sec. 280.70:
    (A) Continue operation and maintenance of corrosion protection in 
accordance with Sec. 280.31;
    (B) Report suspected releases to the implementing agency; and
    (C) Conduct a site assessment in accordance with Sec. 280.72(a) if 
the UST system is temporarily closed for more than 12 months and the UST 
system does not meet either the performance standards in Sec. 280.20 for 
new UST systems or the upgrading requirements in Sec. 280.21, except 
that the spill and overfill equipment requirements do not have to be 
met. The holder must report any suspected releases to the implementing 
agency. For purposes of this provision, the 12-month period begins to 
run from December 6, 1995 or from the date on which the UST system is 
emptied and secured under paragraph (b)(2) of this section, whichever is 
later.
    (4) The UST system can remain in temporary closure until a 
subsequent purchaser has acquired marketable title to the UST or UST 
system or facility or property on which the UST or UST system is 
located. Once a subsequent purchaser acquires marketable title to the 
UST or UST system or facility or property on which the UST or UST system 
is located, the purchaser must decide whether to operate or close the 
UST or UST system in accordance with applicable requirements in 40 CFR 
part 280 or applicable state requirements in those states that have been 
delegated authority by EPA to administer the UST program pursuant to 42 
U.S.C. 6991c and 40 CFR part 281.

[[Page 1043]]

   Appendix I to Part 280--Notification for Underground Storage Tanks 
                                 (Form)
[GRAPHIC] [TIFF OMITTED] TC01AU92.047


[[Page 1044]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.048



[[Page 1045]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.049



[[Page 1046]]



    Appendix II to Part 280--List of Agencies Designated To Receive 
                              Notifications

Alabama (EPA Form), Alabama Department of Environmental Management, 
Ground Water Section/Water Division, 1751 Congressman W.L. Dickinson 
Drive, Montgomery, Alabama 36130, 205/271-7823
Alaska (EPA Form), Department of Environmental Conservation, Box 0, 
Juneau, Alaska 99811-1800, 970/465-2653
American Samoa (EPA Form), Executive Secretary, Environmental Quality 
Commission, Office of the Governor, American Samoan Government, Pago 
Pago, American Samoa 96799; Attention: UST Notification
Arizona (EPA Form), Attention: UST Coordinator, Arizona Department of 
Environmental Quality, Environmental Health Services, 2005 N. Central, 
Phoenix, Arizona 85004
Arkansas (EPA Form), Arkansas Department of Pollution Control and 
Ecology, P.O. Box 9583, Little Rock, Arkansas 72219, 501/562-7444
California (State Form), Executive Director, State Water Resources 
Control Board, P.O. Box 100, Sacramento, California 95801, 916/445-1533
Co1orado (EPA Form), Section Chief, Colorado Department of Health, Waste 
Management Division, Underground Tank Program, 4210 East 11th Avenue, 
Denver, Colorado 80220, 303/320-8333
Connecticut (State Form), Hazardous Materials Management Unit, 
Department of Environmental Protection, State Office Building, 165 
Capitol Avenue, Hartford, Connecticut 06106
Delaware (State Form), Division of Air and Waste Management, Department 
of Natural Resources and Environmental Control, P.O. Box 1401, 89 Kings 
Highway, Dover, Delaware 19903, 302/726-5409
District of Columbia (EPA Form), Attention: UST Notification Form, 
Department of Consumer and Regulatory Affairs, Pesticides and Hazardous 
Waste Management Branch, Room 114, 5010 Overlook Avenue SW., Washington, 
DC 20032
Florida (State Form), Florida Department of Environmental Regulation, 
Solid Waste Section, Twin Towers Office Building, 2600 Blair Stone Road, 
Tallahassee, Florida 32399, 904/487-4398
Georgia (EPA Form), Georgia Department of Natural Resources, 
Environmental Protection Division, Underground Storage Tank Program, 
3420 Norman Berry Drive, 7th Floor, Hapeville, Georgia 30354,   404/656-
7404
Guam (State Form), Administrator, Guam Environmental Protection Agency, 
P.O. Box 2999, Agana, Guam 96910, Overseas Operator (Commercial call 
646-8863)
Hawaii (EPA Form), Administrator, Hazardous Waste Program, 645 
Halekauwila Street, Honolulu, Hawaii 96813, 808/548-2270
Idaho (EPA Form), Underground Storage Tank Coordinator, Water Quality 
Bureau, Division of Environmental Quality, Idaho Department of Health 
and Welfare, 450 W. State Street, Boise, Idaho 83720, 208/334-4251
Illinois (EPA Form), Underground Storage Tank Coordinator, Division of 
Fire Prevention, Office of State Fire Marshal, 3150 Executive Park 
Drive, Springfield, Illinois 62703-4599
Indiana (EPA Form), Underground Storage Tank Program, Office of 
Environmental Response, Indiana Department of Environmental Management, 
105 South Meridian Street, Indianapolis, Indiana 46225
Iowa (State Form), UST Coordinator, Iowa Department of Natural 
Resources, Henry A. Wallace Building, 900 East Grand, Des Moines, Iowa 
50219, 512/281-8135
Kansas (EPA Form), Kansas Department of Health and Environment, Forbes 
Field, Building 740, Topeka, Kansas 66620,  913/296-1594
Kentucky (State Form), Department of Environmental Protection, Hazardous 
Waste Branch, Fort Boone Plaza, Building 2, 18 Reilly Road, Frankfort, 
Kentucky 40601, 501/564-6716
Louisiana (State Form), Secretary, Louisiana Department of Environmental 
Quality, P.O. Box 44066, Baton Rouge, Louisiana 70804, 501/342-1265
Maine (State Form), Attention: Underground Tanks Program, Bureau of Oil 
and Hazardous Material Control, Department of Environmental Protection, 
State House--Station 17, Augusta, Maine 04333
Maryland (EPA Form), Science and Health Advisory Group, Office of 
Environmental Programs, 201 West Preston Street, Baltimore, Maryland 
21201
Massachusetts (EPA Form), UST Registry, Department of Public Safety, 
1010 Commonwealth Avenue, Boston, Massachusetts 02215, 617/566-4500
Michigan (EPA Form), Michigan Department of State Police, Fire Marshal 
Division, General Office Building, 7150 Harris Drive, Lansing, Michigan 
48913
Minnesota (State Form), Underground Storage Tank Program, Division of 
Solid and Hazardous Wastes, Minnesota Pollution Control Agency, 520 West 
Lafayette Road, St. Paul, Minnesota 55155
Mississippi (State Form), Department of Natural Resources, Bureau of 
Pollution Control, Underground Storage Tank Section, P.O. Box 10385, 
Jackson, Mississippi 39209, 601/961-5171
Missouri (EPA Form), UST Coordinator, Missouri Department of Natural 
Resources, P.O. Box 176, Jefferson City, Missouri 65102, 314/751-7428

[[Page 1047]]

Montana (EPA Form), Solid and Hazardous Waste Bureau, Department of 
Health and Environmental Science, Cogswell Bldg., Room B-201, Helena, 
Montana 59620
Nebraska (EPA Form), Nebraska State Fire Marshal, P.O. Box 94677, 
Lincoln, Nebraska 68509-4677, 402/471-9465
Nevada (EPA Form), Attention: UST Coordinator, Division of Environmental 
Protection, Department of Conservation and Natural Resources, Capitol 
Complex 201 S. Fall Street, Carson City, Nevada 89710, 800/992-0900, 
Ext. 4670, 702/885-4670
New Hampshire (EPA Form), NH Dept. of Environmental Services, Water 
Supply and Pollution Control Division, Hazen Drive, P.O. Box 95, 
Concord, New Hampshire 03301, Attention: UST Registration
New Jersey (State Form), Underground Storage Tank Coordinator, 
Department of Environmental Protection, Division of Water Resources (CN-
029), Trenton, New Jersey 08625, 609/292-0424
New Mexico (EPA Form), New Mexico Environmental Improvement Division, 
Groundwater/Hazardous Waste Bureau, P.O. Box 968, Santa Fe, New Mexico 
37504, 505/827-2933
New York (EPA Form), Bulk Storage Section, Division of Water, Department 
of Environmental Conservation, 50 Wolf Road, Room 326, Albany, New York 
12233-0001, 518/457-4351
North Carolina (EPA Form), Division of Environmental Management, Ground-
Water Operations Branch, Department of Natural Resources and Community 
Development, P.O. Box 27687, Raleigh, North Carolina 27611, 919/733-3221
North Dakota (State Form), Division of Hazardous Management and Special 
Studies, North Dakota Department of Health, Box 5520, Bismarck, North 
Dakota 58502-5520
Northern Mariana Islands (EPA Form), Chief, Division of Environmental 
Quality, P.O. Box 1304, Commonwealth of Northern Mariana Islands, 
Saipan, CM 96950, Cable Address: Gov. NMI Saipan, Overseas Operator: 
6984
Ohio (State Form), State Fire Marshal's Office, Department of Commerce, 
8895 E. Main Street, Reynoldsburg, Ohio 43068, State Hotline: 800/282-
1927
Oklahoma (EPA Form), Underground Storage Tank Program, Oklahoma 
Corporation Comm., Jim Thorpe Building, Oklahoma City, Oklahoma 73105
Oregon (State Form), Underground Storage Tank Program, Hazardous and 
Solid Waste Division, Department of Environmental Quality, 811 S.W. 
Sixth Avenue, Portland, Oregon 98204, 503/229-5788
Pennsylvania (EPA Form), PA Department of Environmental Resources, 
Bureau of Water Quality Management, Ground Water Unit, 9th Floor Fulton 
Building, P.O. Box 2063, Harrisburg, Pennsylvania 17120
Puerto Rico (EPA Form), Director, Water Quality Control Area, 
Environmental Quality Board, Commonwealth of Puerto Rico, Santurce, 
Puerto Rico, 809/725-0717
Rhode Island (EPA Form), UST Registration, Department of Environmental 
Management, 83 Park Street, Providence, Rhode Island 02903, 401/277-2234
South Carolina (State Form), Ground-Water Protection Division, South 
Carolina Department of Health and Environmental Control, 2600 Bull 
Street, Columbia, South Carolina 29201, 803/758-5213
South Dakota (EPA Form), Office of Water Quality, Department of Water 
and Natural Resources, Joe Foss Building, Pierre, South Dakota 57501,
Tennessee (EPA Form), Tennessee Department of Health and Environment, 
Division of Superfund Underground Storage Tank Section, 150 Ninth 
Avenue, North, Nashville, Tennessee 37219-5404, 615/741-0690
Texas (EPA Form), Underground Storage Tank Program, Texas Water 
Commission, P.O. Box 13087, Austin, Texas 78711
Utah (EPA Form), Division of Envirormental Health, P.O. Box 45500, Salt 
Lake City, Utah 84145-0500
Vermont (State Form), Underground Storage Tank Program, Vermont AEC/
Waste Management Division, State Office Building, Montpelier, Vermont 
05602, 802/828-3395
Virginia (EPA Form), Virginia Water Control Board, P.O. Box 11143, 
Richmond, Virginia 23230-1143, 804/257-6685
Virgin Islands (EPA Form), 205(J) Coordinator, Division of Natural 
Resources Management, 14 F Building 111, Watergut Homes, Christianstead, 
St. Croix, Virgin Islands 00820
Washington (State Form), Underground Storage Tank Notification, Solid 
and Hazardous Waste Program, Department of Ecology, M/S PV-11, Olympia, 
Washington 98504-8711, 206/459-6316
West Virginia (EPA Form), Attention: UST Notification, Solid and 
Hazardous Waste, Ground Water Branch, West Virginia Department of 
Natural Resources, 1201 Greenbriar Street, Charleston, West Virginia 
25311
Wisconsin (State Form), Bureau of Petroleum Inspection, P.O. Box 7969, 
Madison, Wisconsin 53707, 608/266-7605
Wyoming (EPA Form), Water Quality Division, Department of Environmental 
Quality, Herschler Building, 4th Floor West, 122 West 25th Street, 
Cheyenne, Wyoming 82002, 307/777-7781.

  Appendix III to Part 280--Statement for Shipping Tickets and Invoices

    Note.--A Federal law (the Resource Conservation and Recovery Act 
(RCRA), as amended (Pub. L. 98-616)) requires owners of certain 
underground storage tanks to notify

[[Page 1048]]

designated State or local agencies by May 8, 1986, of the existence of 
their tanks. Notifications for tanks brought into use after May 8, 1986, 
must be made within 30 days. Consult EPA's regulations, issued on 
November 8, 1985 (40 CFR part 280) to determine if you are affected by 
this law.



PART 281--APPROVAL OF STATE UNDERGROUND STORAGE TANK PROGRAMS--Table of Contents




           Subpart A--Purpose, General Requirements and Scope

Sec.
281.10  Purpose.
281.11  General requirements.
281.12  Scope and definitions.

             Subpart B--Components of a Program Application

281.20  Program application.
281.21  Description of state program.
281.22  Procedures for adequate enforcement.
281.23  Schedule for interim approval.
281.24  Memorandum of agreement.
281.25  Attorney General's statement.

                Subpart C--Criteria for No Less Stringent

281.30  New UST system design, construction, installation, and 
          notification.
281.31  Upgrading existing UST systems.
281.32  General operating requirements.
281.33  Release detection.
281.34  Release reporting, investigation, and confirmation.
281.35  Release response and corrective action.
281.36  Out-of-service UST systems and closure.
281.37  Financial responsibility for UST systems containing petroleum.
281.38  Financial responsibility for USTs containing hazardous 
          substances. [Reserved]
281.39  Lender liability.

              Subpart D--Adequate Enforcement of Compliance

281.40  Requirements for compliance monitoring program and authority.
281.41  Requirements for enforcement authority.
281.42  Requirements for public participation.
281.43  Sharing of information.

                     Subpart E--Approval Procedures

281.50  Approval procedures for state programs.
281.51  Amendment required at end of interim period.
281.52  Revision of approved state programs.

           Subpart F--Withdrawal of Approval of State Programs

281.60  Criteria for withdrawal of approval of state programs.
281.61  Procedures for withdrawal of approval of state programs.

    Authority: 42 U.S.C. 6912, 6991 (c), (d), (e), (g).

    Source: 53 FR 37241, Sept. 23, 1988, unless otherwise noted.



           Subpart A--Purpose, General Requirements and Scope



Sec. 281.10  Purpose.

    (a) This subpart specifies the requirements that state programs must 
meet for approval by the Administrator under section 9004 of RCRA, and 
the procedures EPA will follow in approving, revising and withdrawing 
approval of state programs.
    (b) State submissions for program approval must be in accordance 
with the procedures set out in this part.
    (c) A state may apply for approval under this subpart at any time 
after the promulgation of release detection, prevention, and correction 
regulations under section 9003 of RCRA.
    (d) Any state program approved by the Administrator under this part 
shall at all times be conducted in accordance with the requirements of 
this part.



Sec. 281.11  General requirements.

    (a) State program elements. The following substantive elements of a 
state program must be addressed in a state application for approval:
    (1) Requirements for all existing and new underground storage tanks:
    (i) New UST systems (design, construction, installation, and 
notification);
    (ii) Upgrading of existing UST systems;
    (iii) General operating requirements;
    (iv) Release detection;
    (v) Release reporting, investigation, and confirmation;
    (vi) Out-of-service USTs and closure;
    (vii) Release response and corrective action; and

[[Page 1049]]

    (viii) Financial responsibility for UST systems containing 
petroleum.
    (2) Provisions for adequate enforcement of compliance with the above 
program elements.
    (b) Final approval. The state must demonstrate that its requirements 
under each state program element for existing and new UST systems are no 
less stringent than the corresponding federal requirements as set forth 
in subpart C of this part, except as provided in paragraph (c) of this 
section. The state must also demonstrate that it has a program that 
provides adequate enforcement of compliance with these requirements.
    (c) Interim approval. (1) The Administrator may approve state 
programs with requirements less stringent than the federal requirements 
for a period of 1 to 3 years from September 23, 1988. Such interim 
approval may be granted only if state regulatory and/or legislative 
change is required in order for the state program to be no less 
stringent than the federal requirements and standards under part 280 for 
one or more of the following program elements: Release detection at 
existing UST systems; release reporting and investigation; and out-of-
service or closed UST systems.
    (2) A state program may receive interim approval if it:
    (i) Has requirements for three elements:
    (A) Release Detection;
    (B) Release Reporting, Investigation, and Confirmation; and
    (C) Out-of-Service UST Systems and Closure; and
    (ii) Has requirements that are no less stringent than the 
corresponding federal requirements for five elements:
    (A) New UST System Design, Construction, Installation and 
Notification;
    (B) Upgrading Existing UST Systems;
    (C) General Operating Requirements;
    (D) Release Response and Corrective Action; and
    (E) Financial Responsibility for UST systems containing petroleum; 
and
    (iii) Provides for adequate enforcement of compliance with these 
requirements.
    (3) A state with a program that has received interim approval must 
receive final approval of an amended program containing program elements 
that are no less stringent than the corresponding federal program 
elements under subpart C in accordance with the following schedule:
    (i) If only state regulatory action is required, the state must 
submit an amended program to EPA for approval before September 23, 1989.
    (ii) If only state legislative action is required, the state must 
submit an amended program to EPA for approval before September 23, 1990.
    (iii) If both state legislative and regulatory action are required, 
the state must submit an amended program to EPA for approval before 
September 23, 1991.
    (d) States with programs approved under this part are authorized to 
administer the state program in lieu of the federal program and will 
have primary enforcement responsibility with respect to the requirements 
of the approved program. EPA retains authority to take enforcement 
action in approved states as necessary and will notify the designated 
lead state agency of any such intended action.



Sec. 281.12  Scope and definitions.

    (a) Scope. (1) The Administrator may approve either partial or 
complete state programs. A ``partial'' state program regulates either 
solely UST systems containing petroleum or solely UST systems containing 
hazardous substances. If a ``partial'' state program is approved, EPA 
will administer the remaining part of the program. A ``complete'' state 
program regulates both petroleum and hazardous substance tanks.
    (2) EPA will administer the UST program on Indian lands, except 
where Congress has clearly expressed an intention to grant a state 
authority to regulate petroleum and hazardous substance USTs on Indian 
lands. In either case, this decision will not impair a state's ability 
to obtain program approval for petroleum and/or hazardous substances on 
non-Indian lands in accordance with this part.
    (3) Nothing in this subpart precludes a state from:

[[Page 1050]]

    (i) Adopting or enforcing requirements that are more stringent or 
more extensive than those required under this part; or
    (ii) Operating a program with a greater scope of coverage than that 
required under this part. Where an approved state program has a greater 
scope of coverage than required by federal law, the additional coverage 
is not part of the federally-approved program.
    (b) Definitions. (1) The definitions in part 280 apply to all 
subparts of this part.
    (2) For the purpose of this part, the term interim approval means 
the approval received by a state program that meets the requirements in 
Sec. 281.11(c) (1) and (2) for the time period defined in 
Sec. 281.11(c)(3).
    (3) For the purposes of this part the term final approval means the 
approval received by a state program that meets the requirements in 
Sec. 281.11(b).



             Subpart B--Components of a Program Application



Sec. 281.20  Program application.

    Any state that seeks to administer a program under this part must 
submit an application containing the following parts:
    (a) A transmittal letter from the Governor of the state requesting 
program approval;
    (b) A description in accordance with Sec. 281.21 of the state 
program and operating procedures;
    (c) A demonstration of the state's procedures to ensure adequate 
enforcement;
    (d) A schedule for obtaining needed authorities under interim 
approval, where applicable;
    (e) A Memorandum of Agreement outlining roles and responsibilities 
of EPA and the implementing agency;
    (f) An Attorney General's statement in accordance with Sec. 281.25 
certifying to applicable state authorities; and
    (g) Copies of all applicable state statutes and regulations.

    Note: EPA has designed an optional application form that is 
available for use by state applicants.



Sec. 281.21  Description of state program.

    A state seeking to administer a program under this part must submit 
a description of the program it proposes to administer under state law 
in lieu of the federal program. The description of a state's existing or 
planned program must include:
    (a) The scope of the state program:
    (1) Whether the state program regulates UST systems containing 
petroleum or hazardous substances, or both;
    (2) Whether the state is applying for interim or final approval;
    (3) Whether the state program is more stringent or broader in scope 
than the federal program, and in what ways; and
    (4) Whether the state has any existing authority over Indian lands 
or has existing agreements with Indian tribes relevant to the regulation 
of underground storage tanks.
    (b) The organization and structure of the state and local agencies 
with responsibility for administering the program. The jurisdiction and 
responsibilities of all state and local implementing agencies must be 
delineated, appropriate procedures for coordination set forth, and one 
state agency designated as a ``lead agency'' to facilitate 
communications between EPA and the state.
    (c) Staff resources to carry out and enforce the required state 
program elements, both existing and planned, including the number of 
employees, agency where employees are located, general duties of the 
employees, and current limits or restrictions on hiring or utilization 
of staff.
    (d) An existing state funding mechanism to meet the estimated costs 
of administering and enforcing the required state program elements, and 
any restrictions or limitations upon this funding.



Sec. 281.22  Procedures for adequate enforcement.

    A state must submit a description of its compliance monitoring and 
enforcement procedures, including related state administrative or 
judicial review procedures.


[[Page 1051]]





Sec. 281.23  Schedule for interim approval.

    For a state program that must modify its statutory or regulatory 
requirements for release detection, release reporting and investigation, 
and out-of-service or closed UST systems in order to be no less 
stringent than the federal requirements, the plan must include a 
schedule for making such changes and for submitting an amendment to the 
state application in accordance with Sec. 281.51.



Sec. 281.24  Memorandum of agreement.

    EPA and the approved state will negotiate a Memorandum of Agreement 
(MOA) containing proposed areas of coordination and shared 
responsibilities between the state and EPA and separate EPA and state 
roles and responsibilities in areas including, but not limited to: 
Implementation of partial state programs; enforcement; compliance 
monitoring; EPA oversight; and sharing and reporting of information. At 
the time of approval, the MOA must be signed by the Regional 
Administrator and the appropriate official of the state lead agency.



Sec. 281.25  Attorney General's statement.

    (a) A state must submit a written demonstration from the Attorney 
General that the laws and regulations of the state provide adequate 
authority to carry out the program described under Sec. 281.21 and to 
meet other requirements of this part. This statement may be signed by 
independent legal counsel for the state rather than the Attorney 
General, provided that such counsel has full authority to independently 
represent the state Agency in court on all matters pertaining to the 
state program. This statement must include citations to the specific 
statutes, administrative regulations, and where appropriate, judicial 
decisions that demonstrate adequate authority to regulate and enforce 
requirements for UST systems. State statutes and regulations cited by 
the state Attorney General must be fully effective when the program is 
approved.
    (b) If a state currently has authority over underground storage tank 
activities on Indian Lands, the statement must contain an appropriate 
analysis of the state's authority.



                Subpart C--Criteria for No-Less-Stringent



Sec. 281.30  New UST system design, construction, installation, and notification.

    In order to be considered no less stringent than the corresponding 
federal requirements for new UST system design, construction, 
installation, and notification, the state must have requirements that 
ensure all new underground storage tanks, and the attached piping in 
contact with the ground and used to convey the regulated substance 
stored in the tank, conform to the following:
    (a) Be designed, constructed, and installed in a manner that will 
prevent releases for their operating life due to manufacturing defects, 
structural failure, or corrosion.

    Note: Codes of practice developed by nationally-recognized 
organizations and national independent testing laboratories may be used 
to demonstrate that the state program requirements are no less stringent 
in this area.

    (b) Be provided with equipment to prevent spills and tank overfills 
when new tanks are installed or existing tanks are upgraded, unless the 
tank does not receive more than 25 gallons at one time.
    (c) All UST system owners and operators must notify the implementing 
state agency of the existence of any new UST system using a form 
designated by the state agency.



Sec. 281.31  Upgrading existing UST systems.

    In order to be considered no less stringent than the corresponding 
federal upgrading requirements, the state must have requirements that 
ensure existing UST systems will be replaced or upgraded before December 
22, 1998, to prevent releases for their operating life due to corrosion, 
and spills or overfills.


[[Page 1052]]





Sec. 281.32  General operating requirements.

    In order to be considered no less stringent than the corresponding 
federal general operating requirements, the state must have requirements 
that ensure all new and existing UST systems conform to the following:
    (a) Prevent spills and overfills by ensuring that the space in the 
tank is sufficient to receive the volume to be transferred and that the 
transfer operation is monitored constantly;
    (b) Where equipped with cathodic protection, be operated and 
maintained by a person with sufficient training and experience in 
preventing corrosion, and in a manner that ensures that no releases 
occur during the operating life of the UST system;

    Note: Codes of practice developed by nationally-recognized 
organizations and national independent testing laboratories may be used 
to demonstrate the state program requirements are no less stringent.

    (c) Be made of or lined with materials that are compatible with the 
substance stored;
    (d) At the time of upgrade or repair, be structurally sound and 
upgraded or repaired in a manner that will prevent releases due to 
structural failure or corrosion during their operating lives;
    (e) Have records of monitoring, testing, repairs, and closure 
maintained that are sufficient to demonstrate recent facility compliance 
status, except that records demonstrating compliance with repair and 
upgrading requirements must be maintained for the remaining operating 
life of the facility. These records must be made readily available when 
requested by the implementing agency.



Sec. 281.33  Release detection.

    In order to be considered no less stringent than the corresponding 
federal requirements for release detection, the state must have 
requirements that at a minimum ensure all UST systems are provided with 
release detection that conforms to the following:
    (a) General methods. Release detection requirements for owners and 
operators must consist of a method, or combination of methods, that is:
    (1) Capable of detecting a release of the regulated substance from 
any portion of the UST system that routinely contains regulated 
substances--as effectively as any of the methods allowed under the 
federal technical standards--for as long as the UST system is in 
operation. In comparing methods, the implementing agency shall consider 
the size of release that the method can detect and the speed and 
reliability with which the release can be detected.
    (2) Designed, installed, calibrated, operated and maintained so that 
releases will be detected in accordance with the capabilities of the 
method.
    (b) Phase-in of requirements. Release detection requirements must, 
at a minimum, be scheduled to be applied at all UST systems:
    (1) Immediately when a new UST system is installed:
    (2) On an orderly schedule that completes a phase-in of release 
detection at all existing UST systems (or their closure) before December 
21, 1993, except that release detection for the piping attached to any 
existing UST that conveys a regulated substance under greater than 
atmospheric pressure must be phased-in before December 22, 1990.
    (c) Requirements for petroleum tanks. All petroleum tanks must be 
sampled, tested, or checked for releases at least monthly, except that:
    (1) New or upgraded tanks (that is, tanks and piping protected from 
releases due to corrosion and equipped with both spill and overfill 
prevention devices) may temporarily use monthly inventory control (or 
its equivalent) in combination with tightness testing (or its 
equivalent) conducted every 5 years for the first 10 years after the 
tank is installed or upgraded or until December 22, 1998, whichever is 
later; and
    (2) Existing tanks unprotected from releases due to corrosion or 
without spill and overfill prevention devices may use monthly inventory 
control (or its equivalent) in combination with annual tightness testing 
(or its equivalent) until December 22, 1998.
    (d) Requirements for petroleum piping. All underground piping 
attached to the tank that routinely conveys petroleum must conform to 
the following:

[[Page 1053]]

    (1) If the petroleum is conveyed under greater than atmospheric 
pressure:
    (i) The piping must be equipped with release detection that detects 
a release within an hour by restricting or shutting off flow or sounding 
an alarm; and
    (ii) The piping must have monthly monitoring applied or annual 
tightness tests conducted.
    (2) If suction lines are used:
    (i) Tightness tests must be conducted at least once every 3 years, 
unless a monthly method of detection is applied to this piping; or
    (ii) The piping is designed to allow the contents of the pipe to 
drain back into the storage tank if the suction is released and is also 
designed to allow an inspector to immediately determine the integrity of 
the piping system.
    (e) Requirements for hazardous substance UST systems. All UST 
systems storing hazardous substances must meet the following:
    (1) All existing hazardous substance UST systems must comply with 
all the requirements for petroleum UST systems in paragraphs (c) and (d) 
of this section and after December 22, 1998, they must comply with the 
following paragraph (e)(2) of this section.
    (2) All new hazardous substance UST systems must use interstitial 
monitoring within secondary containment of the tanks and the attached 
underground piping that conveys the regulated substance stored in the 
tank, unless the owner and operator can demonstrate to the state (or the 
state otherwise determines) that another method will detect a release of 
the regulated substance as effectively as other methods allowed under 
the state program for petroleum UST systems and that effective 
corrective action technology is available for the hazardous substance 
being stored that can be used to protect human health and the 
environment.



Sec. 281.34  Release reporting, investigation, and confirmation.

    In order to be considered no less stringent than the corresponding 
federal requirements for release reporting, investigation, and 
confirmation, the state must have requirements that ensure all owners 
and operators conform with the following:
    (a) Promptly investigate all suspected releases, including:
    (1) When unusual operating conditions, release detection signals and 
environmental conditions at the site suggest a release of regulated 
substances may have occurred; and
    (2) When required by the implementing agency to determine the source 
of a release having an impact in the surrounding area; and
    (b) Promptly report all confirmed underground releases and any 
spills and overfills that are not contained and cleaned up.
    (c) Ensure that all owners and operators contain and clean up 
unreported spills and overfills in a manner that will protect human 
health and the environment.



Sec. 281.35  Release response and corrective action.

    In order to be considered no less stringent than the corresponding 
federal requirements for release response and corrective action, the 
state must have requirements that ensure:
    (a) All releases from UST systems are promptly assessed and further 
releases are stopped;
    (b) Actions are taken to identify, contain and mitigate any 
immediate health and safety threats that are posed by a release (such 
activities include investigation and initiation of free product removal, 
if present);
    (c) All releases from UST systems are investigated to determine if 
there are impacts on soil and ground water, and any nearby surface 
waters. The extent of soil and ground water contamination must be 
delineated when a potential threat to human health and the environment 
exists.
    (d) All releases from UST systems are cleaned up through soil and 
ground water remediation and any other steps, as necessary to protect 
human health and the environment;
    (e) Adequate information is made available to the state to 
demonstrate that corrective actions are taken in accordance with the 
requirements of

[[Page 1054]]

paragraphs (a) through (d) of this section. This information must be 
submitted in a timely manner that demonstrates its technical adequacy to 
protect human health and the environment; and
    (f) In accordance with Sec. 280.67, the state must notify the 
affected public of all confirmed releases requiring a plan for soil and 
ground water remediation, and upon request provide or make available 
information to inform the interested public of the nature of the release 
and the corrective measures planned or taken.



Sec. 281.36  Out-of-service UST systems and closure.

    In order to be considered no less stringent than the corresponding 
federal requirements for temporarily closed UST systems and permanent 
closure, the state must have requirements that ensure UST systems 
conform with the following:
    (a) Removal from service. All new and existing UST systems 
temporarily closed must:
    (1) Continue to comply with general operating requirements, release 
reporting and investigation, and release response and corrective action;
    (2) Continue to comply with release detection requirements if 
regulated substances are stored in the tank;
    (3) Be closed off to outside access; and
    (4) Be permanently closed if the UST system has not been protected 
from corrosion and has not been used in one year, unless the state 
approves an extension after the owner and operator conducts a site 
assessment.
    (b) Permanent closure of UST systems. All tanks and piping must be 
cleaned and permanently closed in a manner that eliminates the potential 
for safety hazards and any future releases. The owner or operator must 
notify the state of permanent UST system closures. The site must also be 
assessed to determine if there are any present or were past releases, 
and if so, release response and corrective action requirements must be 
complied with.
    (c) All UST systems taken out of service before the effective date 
of the federal regulations must permanently close in accordance with 
paragraph (b) of this section when directed by the implementing agency.



Sec. 281.37  Financial responsibility for UST systems containing petroleum.

    (a) In order to be considered no less stringent than the federal 
requirements for financial responsibility for UST systems containing 
petroleum, the state requirements for financial responsibility for 
petroleum UST systems must ensure that:
    (1) Owners and operators have $1 million per occurrence for 
corrective action and third-party claims in a timely manner to protect 
human health and the environment;
    (2) Owners and operators not engaged in petroleum production, 
refining, and marketing and who handle a throughput of 10,000 gallons of 
petroleum per month or less have $500,000 per occurrence for corrective 
action and third-party claims in a timely manner to protect human health 
and the environment;
    (3) Owners and operators of 1 to 100 petroleum USTs must have an 
annual aggregate of $1 million; and
    (4) Owners and operators of 101 or more petroleum USTs must have an 
annual aggregate of $2 million.
    (b) Phase-in of requirements. Financial responsibility requirements 
for petroleum UST systems must, at a minimum, be scheduled to be applied 
at all UST systems on an orderly schedule that completes a phase-in of 
the financial responsibility requirements within the time allowed in the 
Federal regulations under 40 CFR 280.91.
    (c) States may allow the use of a wide variety of financial 
assurance mechanisms to meet this requirement. Each financial mechanism 
must meet the following criteria in order to be no less stringent than 
the federal requirements. The mechanism must: Be valid and enforceable; 
be issued by a provider that is qualified or licensed in the state; not 
permit cancellation without allowing the state to draw funds; ensure 
that funds will only and directly be used for corrective action and 
third party liability costs; and require that the provider notify the 
owner or operator of any circumstances that would impair or suspend 
coverage.

[[Page 1055]]

    (d) States must require owners and operators to maintain records 
that demonstrate compliance with the state financial responsibility 
requirements, and these records must be made readily available when 
requested by the implementing agency.

[53 FR 43382, Oct. 26, 1988; 53 FR 51274, Dec. 21, 1988; 54 FR 38788, 
Sept. 20, 1989, as amended at 55 FR 46025, Oct. 31, 1990]
Sec. 281.38  Financial responsibility for USTs containing hazardous 
substances. [Reserved]



Sec. 281.39  Lender liability.

    (a) A state program that contains a security interest exemption will 
be considered to be no less stringent than, and as broad in scope as, 
the federal program provided that the state's exemption:
    (1) Mirrors the security interest exemption provided for in 40 CFR 
part 280, subpart I; or
    (2) Achieves the same effect as provided by the following key 
criteria:
    (i) A holder, meaning a person who maintains indicia of ownership 
primarily to protect a security interest in a petroleum UST or UST 
system or facility or property on which a petroleum UST or UST system is 
located, who does not participate in the management of the UST or UST 
system as defined under Sec. 280.210 of this chapter, and who does not 
engage in petroleum production, refining, and marketing as defined under 
Sec. 280.200(b) of this chapter is not:
    (A) An ``owner'' of a petroleum UST or UST system or facility or 
property on which a petroleum UST or UST system is located for purposes 
of compliance with the requirements of 40 CFR part 280; or
    (B) An ``operator'' of a petroleum UST or UST system for purposes of 
compliance with the requirements of 40 CFR part 280, provided the holder 
is not in control of or does not have responsibility for the daily 
operation of the UST or UST system.
    (ii) [Reserved]
    (b) [Reserved]

[60 FR 46715, Sept. 7, 1995]



              Subpart D--Adequate Enforcement of Compliance



Sec. 281.40  Requirements for compliance monitoring program and authority.

    (a) Any authorized representative of the state engaged in compliance 
inspections, monitoring, and testing must have authority to obtain by 
request any information from an owner or operator with respect to the 
UST system(s) that is necessary to determine compliance with the 
regulations.
    (b) Any authorized representative of the state must have authority 
to require an owner or operator to conduct monitoring or testing.
    (c) Authorized representatives must have the authority to enter any 
site or premises subject to UST system regulations or in which records 
relevant to the operation of the UST system(s) are kept, and to copy 
these records, obtain samples of regulated substances, and inspect or 
conduct the monitoring or testing of UST system(s).
    (d) State programs must have procedures for receipt, evaluation, 
retention, and investigation of records and reports required of owners 
or operators and must provide for enforcement of failure to submit these 
records and reports.
    (e)(1) State programs must have inspection procedures to determine, 
independent of information supplied by regulated persons, compliance 
with program requirements, and must provide for enforcement of failure 
to comply with the program requirements. States must maintain a program 
for systematic inspections of facilities subject to regulations in a 
manner designed to determine compliance or non-compliance, to verify 
accuracy of information submitted by owners or operators of regulated 
USTs, and to verify adequacy of methods used by owners or operators in 
developing that information.
    (2) When inspections are conducted, samples taken, or other 
information gathered, these procedures must be conducted in a manner 
(for example, using proper ``chain of custody'' procedures) that will 
produce evidence admissible in an enforcement proceeding, or in court.
    (f) Public effort in reporting violations must be encouraged and the 
state

[[Page 1056]]

enforcement agency(ies) must make available information on reporting 
procedures. State programs must maintain a program for investigating 
information obtained from the public about suspected violations of UST 
program requirements.
    (g) The state program must maintain the data collected through 
inspections and evaluation of records in such a manner that the 
implementing agency can monitor over time the compliance status of the 
regulated community. Any compilation, index, or inventory of such 
facilities and activities shall be made available to EPA upon request.



Sec. 281.41  Requirements for enforcement authority.

    (a) Any state agency administering a program must have the authority 
to implement the following remedies for violations of state program 
requirements:
    (1) To restrain immediately and effectively any person by order or 
by suit in state court from engaging in any unauthorized activity that 
is endangering or causing damage to public health or the environment;
    (2) To sue in courts of competent jurisdiction to enjoin any 
threatened or continuing violation of any program requirement;
    (3) To assess or sue to recover in court civil penalties as follows:
    (i) Civil penalties for failure to notify or for submitting false 
information pursuant to tank notification requirements must be capable 
of being assessed up to $5,000 or more per violation.
    (ii) Civil penalties for failure to comply with any state 
requirements or standards for existing or new tank systems must be 
capable of being assessed for each instance of violation, up to $5,000 
or more for each tank for each day of violation. If the violation is 
continuous, civil penalties shall be capable of being assessed up to 
$5,000 or more for each day of violation.
    (b) The burden of proof and degree of knowledge or intent required 
under state law for establishing violations under paragraph (a)(3) of 
this section, must be no greater than the burden of proof or degree of 
knowledge or intent that EPA must provide when it brings an action under 
Subtitle I of the Resource Conservation and Recovery Act.
    (c) A civil penalty assessed, sought, or agreed upon by the state 
enforcement agency(ies) under paragraph (a)(3) of this section must be 
appropriate to the violation.



Sec. 281.42  Requirements for public participation.

    Any state administering a program must provide for public 
participation in the state enforcement process by providing any one of 
the following three options:
    (a) Authority that allows intervention analogous to Federal Rule 
24(a)(2), and assurance by the appropriate state enforcement agency that 
it will not oppose intervention under the state analogue to Rule 
24(a)(2) on the ground that the applicant's interest is adequately 
represented by the State.
    (b) Authority that allows intervention as of right in any civil 
action to obtain the remedies specified in Sec. 281.41 by any citizen 
having an interest that is or may be adversely affected; or
    (c) Assurance by the appropriate state agency that:
    (1) It will provide notice and opportunity for public comment on all 
proposed settlements of civil enforcement actions (except where 
immediate action is necessary to adequately protect human health and the 
environment);
    (2) It will investigate and provide responses to citizen complaints 
about violations; and
    (3) It will not oppose citizen intervention when permissive 
intervention is allowed by statute, rule, or regulation.



Sec. 281.43  Sharing of information.

    (a) States with approved programs must furnish EPA, upon request, 
any information in state files obtained or used in the administration of 
the state program. This information includes:
    (1) Any information submitted to the state under a claim of 
confidentiality. The state must submit that claim to EPA when providing 
such information. Any information obtained from a state and subject to a 
claim of confidentiality will be treated in accordance with federal 
regulations in 40 CFR part 2; and

[[Page 1057]]

    (2) Any information that is submitted to the state without a claim 
of confidentiality. EPA may make this information available to the 
public without further notice.
    (b) EPA must furnish to states with approved programs, upon request, 
any information in EPA files that the state needs to administer its 
approved state program. Such information includes:
    (1) Any information that is submitted to EPA without a claim of 
confidentiality; and
    (2) Any information submitted to EPA under a claim of 
confidentiality, subject to the conditions in 40 CFR part 2.



                     Subpart E--Approval Procedures



Sec. 281.50  Approval procedures for state programs.

    (a) The following procedures are required for all applications, 
regardless of whether the application is for a partial or complete 
program, as defined in Sec. 281.12, or for interim or final approval in 
accordance with Sec. 281.11.
    (b) Before submitting an application to EPA for approval of a state 
program, the state must provide an opportunity for public notice and 
comment in the development of its underground storage tank program.
    (c) When EPA receives a state program application, EPA will examine 
the application and notify the state whether its application is 
complete, in accordance with the application components required in 
Sec. 281.20. The 180-day statutory review period begins only after EPA 
has determined that a complete application has been received.
    (d) The state and EPA may by mutual agreement extend the review 
period.
    (e) After receipt of a complete program application, the 
Administrator will tentatively determine approval or disapproval of the 
state program. EPA shall issue public notice of the tentative 
determination in the Federal Register; in enough of the largest 
newspapers in the state to attract statewide attention; and to persons 
on the state agency mailing list and any other persons who the agency 
has reason to believe are interested. Notice of the tentative 
determination must also:
    (1) Afford the public 30 days after the notice to comment on the 
state's application and the Administrator's tentative determination; and
    (2) Include a general statement of the areas of concern, if the 
Administrator indicates the state program may not be approved; and
    (3) Note the availability for inspection by the public of the state 
program application; and
    (4) Indicate that a public hearing will be held by EPA no earlier 
than 30 days after notice of the tentative determination unless 
insufficient public interest is expressed, at which time the Regional 
Administrator may cancel the public hearing.
    (f) Within 180 days of receipt of a complete state program 
application, the Administrator must make a final determination whether 
to approve the state program after review of all public comments. EPA 
will give notice of its determination in the Federal Register and codify 
the approved state program. The notice must include a statement of the 
reasons for this determination and a response to significant comments 
received.



Sec. 281.51  Amendment required at end of interim period.

    (a) State programs that meet the requirements of section 281.11(c) 
(1) and (2) may be approved for 1 to 3 years from September 23, 1988. 
States that receive such interim approval must adopt requirements that 
are no less stringent than the corresponding federal requirements and 
standards within the timeframes specified under Sec. 281.11(c)(3).
    (b) By the end of the specified time period, a state with interim 
approval must submit to EPA an amendment to its application that 
includes all modified and new requirements for any of the elements 
containing less stringent requirements. Such amended applications must 
also include a modified program description, an Attorney General's 
statement and a Memorandum of Agreement that incorporate the amended 
program requirements, and copies of all applicable state statutes and 
regulations.
    (c) Upon receipt of the application amendment, the Administrator 
shall

[[Page 1058]]

follow the same review and approval procedures as required in 
Sec. 281.50.
    (d) If a state fails to submit an amendment within the specified 
timeframe, the interim approval of the state program expires upon the 
applicable date established under Sec. 281.11(c), and the Subtitle I 
program automatically reverts to EPA.
    (e) If a state submits an amendment to the program application 
within the timeframe specified under Sec. 281.11(c)(3) and the amendmant 
is disapproved after the end of the time period, the interim approval of 
the state program expires immediately upon disapproval and the Subtitle 
I program automatically reverts to EPA.
    (f) If interim approval of the state program expires, EPA must 
notify the regulated community and the public of the re-establishment of 
the federal program through a notice in the Federal Register.



Sec. 281.52  Revision of approved state programs.

    (a) Either EPA or the approved state may initiate program revision. 
Program revision may be necessary when the controlling federal or state 
statutory or regulatory authority is changed or when responsibility for 
the state program is shifted to a new agency or agencies. The state must 
inform EPA of any proposed modifications to its basic statutory or 
regulatory authority or change in division of responsibility among state 
agencies. EPA will determine in each case whether a revision of the 
approved program is required.
    (b) Whenever the Administrator has reason to believe that 
circumstances have changed with respect to an approved state program or 
the federal program, the Administrator may request, and the state must 
provide, a revised application as prescribed by EPA.
    (c) The Administrator will approve or disapprove program revisions 
based on the requirements of this part and of subtitle I pursuant to the 
procedures under this section, or under section 281.50 if EPA has reason 
to believe the proposed revision will receive significant negative 
comment from the public.
    (1) The Administrator must issue public notice of planned approval 
or disapproval of a state program revision in the Federal Register; in 
enough of the largest newspapers in the state to attract statewide 
attention; and by mailing to persons on the state agency mailing list 
and to any other persons who the agency has reason to believe are 
interested. The public notice must summarize the state program revision, 
indicate whether EPA intends to approve or disapprove the revision, and 
provide for an opportunity to comment for a period of 30 days.
    (2) The Administrator's decision on the proposed revision becomes 
effective 60 days after the date of publication in the Federal Register 
in accordance with paragraph (c)(1) of this section, unless significant 
negative comment opposing the proposed revision is received during the 
comment period. If significant negative comment is received, EPA must 
notify the state and within 60 days after the date of publication, 
publish in the Federal Register either:
    (i) A withdrawal of the immediate final decision, which will then be 
treated as a tentative decision in accordance with the applicable 
procedures of Sec. 281.50 (e) and (f); or
    (ii) A notice that contains a response to significant negative 
comments and affirms either that the immediate final decision takes 
effect or reverses the decision.
    (d) Revised state programs that receive approval must be codified in 
the Federal Register.



           Subpart F--Withdrawal of Approval of State Programs



Sec. 281.60  Criteria for withdrawal of approval of state programs.

    (a) The Administrator may withdraw program approval when the Agency 
determines that a state no longer has adequate regulatory or statutory 
authority or is not administering and enforcing an approved program in 
accordance with this part. The state must have adequate capability to 
administer and enforce the state program. In evaluating whether such 
capability exists, the Agency will consider whether the

[[Page 1059]]

state is implementing an adequate enforcement program by evaluating the 
quality of compliance monitoring and enforcement actions.
    (b) Such withdrawal of approval will occur only after the state 
fails to take appropriate action within a reasonable time, not to exceed 
120 days after notice from the Administrator that the state is not 
administering and enforcing its program in accordance with the 
requirements of this part.



Sec. 281.61  Procedures for withdrawal of approval of state programs.

    (a) The following procedures apply when a state with an approved 
program voluntarily transfers to EPA those program responsibilities 
required by federal law.
    (1) The state must give EPA notice of the proposed transfer, and 
submit, at least 90 days before the transfer, a plan for the orderly 
transfer of all relevant program information necessary for EPA to 
administer the program.
    (2) Within 30 days of receiving the state's transfer plan, EPA must 
evaluate the plan and identify any additional information needed by the 
federal government for program administration.
    (3) At least 30 days before the transfer is to occur, EPA must 
publish notice of the transfer in the Federal Register; in enough of the 
largest newspapers in the state to attract statewide attention; and to 
persons on appropriate state mailing lists.
    (b) When EPA begins proceedings to determine whether to withdraw 
approval of a state program (either on its own initiative or in response 
to a petition from an interested person), withdrawal proceedings must be 
conducted in accordance with procedures set out in 40 CFR 271.23 (b) and 
(c), except for Sec. 271.23(b)(8)(iii) to the extent that it deviates 
from requirements under Sec. 281.60.



PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS--Table of Contents




                      Subpart A--General Provisions

Sec.
282.1  Purpose and scope.
282.2  Incorporation by reference.
282.3--282.49  [Reserved]

                   Subpart B--Approved State Programs

282.50--282.52  [Reserved]
282.53  Arkansas State-Administered Program.
282.54--282.59  [Reserved]
282.60  Georgia State-Administered Program.
282.61--282.64  [Reserved]
282.65  Iowa State-Administered Program.
282.66  Kansas State-Administered Program.
282.67  [Reserved]
282.68  Louisiana State-Administered Program.
282.69  Maine State-Administered Program.
282.70--282.78  [Reserved]
282.79  New Hampshire.
282.80  [Reserved]
282.81  New Mexico State-Administered Program.
282.82--282.83  [Reserved]
282.84  North Dakota State-Administered Program.
282.85  [Reserved]
282.86  Oklahoma State-Administered Program.
282.87--282.88  [Reserved]
282.89  Rhode Island State-Administered Program.
282.90  [Reserved]
282.91  South Dakota State-Administered Program.
282.92  [Reserved]
282.93  Texas State-Administered Program.
282.94  Utah State-Administered Program.
282.95  Vermont State-Administrered Program.
282.96--282.105  [Reserved]

Appendix A to Part 282--State Requirements Incorporated by Reference in 
          Part 282 of the Code of Federal Regulations

    Authority: 42 U.S.C. 6912, 6991 (c), (d), (e), (g).

    Source: 58 FR 58625, Nov. 2, 1993, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 282.1  Purpose and scope.

    This part sets forth the applicable state underground storage tank 
programs under section 9004 of the Resource Conservation and Recovery 
Act (RCRA), 42 U.S.C. 6991c and 40 CFR part 281. ``State'' is defined in 
42 U.S.C. 1004(31) as ``any of the several states, the District of 
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
American Samoa, and the

[[Page 1060]]

Commonwealth of the Northern Mariana Islands.''



Sec. 282.2  Incorporation by reference.

    (a) Material listed as incorporated by reference in part 282 was 
approved for incorporation by reference by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material 
is incorporated as it exists on the date of the approval, and notice of 
any change in the material will be published in the Federal Register.
    (b) Copies of materials incorporated by reference may be inspected 
at the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC. Copies of materials incorporated by reference 
may be obtained or inspected at the EPA OUST Docket, 401 M Street, SW., 
Washington, DC 20460, and at the library of the appropriate Regional 
Office listed below:
    (1) Region 1 (Connecticut, Maine, Massachusetts, New Hampshire, 
Rhode Island, Vermont): JFK Federal Building, Boston, MA 02203-2211.
    (2) Region 2 (New Jersey, New York, Puerto Rico, Virgin Islands): 
Federal Office Building, 26 Federal Plaza, New York, NY 10278.
    (3) Region 3 (Delaware, District of Columbia, Maryland, 
Pennsylvania, Virginia, West Virginia): 841 Chestnut St. Building, 
Philadelphia, PA 19107.
    (4) Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, 
North Carolina, South Carolina, Tennessee): 345 Courtland St., NE, 
Atlanta, GA 30365.
    (5) Region 5 (Illinois, Indiana, Michigan, Minnesota, Ohio, 
Wisconsin): 77 West Jackson Boulevard, Chicago, IL 60604.
    (6) Region 6 (Arkansas, Louisiana, New Mexico, Oklahoma, Texas): 
1445 Ross Avenue, Dallas, TX 75202-2733.
    (7) Region 7 (Iowa, Kansas, Missouri, Nebraska): 726 Minnesota 
Avenue, Kansas City, KS 66101.
    (8) Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah, 
Wyoming): 999 18th Street, Denver, CO 80202-2405.
    (9) Region 9 (Arizona, California, Hawaii, Nevada, Guam, American 
Samoa, Commonwealth of the Northern Mariana Islands): 75 Hawthorne 
Street, San Francisco, CA 94105.
    (10) Region 10 (Alaska, Idaho, Oregon, Washington): 1200 Sixth 
Avenue, Seattle, WA 98101.
    (c) For an informational listing of the state and local requirements 
incorporated in part 282, see appendix A to this part.
Secs. 282.3--282.49  [Reserved]



                   Subpart B--Approved State Programs

Secs. 282.50--282.52  [Reserved]



Sec. 282.53  Arkansas State-Administered Program.

    (a) The State of Arkansas is approved to administer and enforce an 
underground storage tank program in lieu of the federal program under 
Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the Arkansas Department of Pollution Control and Ecology, was 
approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this 
chapter. EPA approved the Arkansas program on February 14, 1995 and it 
was effective on April 25, 1995.
    (b) Arkansas has primary responsibility for enforcing its 
underground storage tank program. However, EPA retains the authority to 
exercise its inspection and enforcement authorities under sections 9005 
and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as 
under other statutory and regulatory provisions.
    (c) To retain program approval, Arkansas must revise its approved 
program to adopt new changes to the federal subtitle I program which 
make it more stringent, in accordance with section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Arkansas obtains 
approval for the revised requirements pursuant to section 9004 of RCRA, 
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions 
will be added to this subpart and notice of any change will be published 
in the Federal Register.
    (d) Arkansas has final approval for the following elements submitted 
to EPA in Arkansas' program application for final approval and approved 
by EPA

[[Page 1061]]

on February 14, 1995. Copies may be obtained from the Underground 
Storage Tank Program, Arkansas Department of Pollution Control and 
Ecology, 8001 National Drive, Little Rock, AR 72219-8913.
    (1) State statutes and regulations. (i) The provisions cited in this 
paragraph are incorporated by reference as part of the underground 
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (A) Arkansas Statutory Requirements Applicable to the Underground 
Storage Tank Program, 1995.
    (B) Arkansas Regulatory Requirements Applicable to the Underground 
Storage Tank Program, 1995.
    (ii) The following statutes and regulations are part of the approved 
state program, although not incorporated by reference herein for 
enforcement purposes.
    (A) The statutory provisions include:

(1) Arkansas Code Annotated, Title 8, Chapter 1, Subchapter 1--General 
Provisions:
    (i) Sec. 8-1-107  Inspections--Definitions--Investigations--
Inspection Warrant--Exceptions--Penalties
(2) Arkansas Code Annotated, Title 8, Chapter 4, Subchapter 1--General 
Provisions:
    (i) Sec. 8-4-103  Criminal, Civil, and Administrative Penalties
(3) Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 8--Regulated 
Substance Storage Tanks:
    (i) Sec. 8-7-802  Department and commission--powers and duties
    (ii) Sec. 8-7-806  Penalties
    (iii) Sec. 8-7-809  Corrective actions--Orders of director

    (B) The regulatory provisions include:

(1) Arkansas Department of Pollution Control and Ecology Regulation 
Number 12--Storage Tank Regulation:
    (i) Chapter 2, Section 4: Access to Records
    (ii) Chapter 2, Section 5: Entry and Inspection of Underground 
Storage Tank Facilities
    (iii) Chapter 8, Section 1: Violations
    (iv) Chapter 8, Section 2: Penalty Policy and Administrative 
Procedures

    (iii) The following statutory and regulatory provisions are broader 
in scope than the federal program, are not part of the approved program, 
and are not incorporated by reference herein for enforcement purposes.

(A) Statutes.
    (1) Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 8--
Regulated Substance Storage Tanks.
    (i) Sec. 8-7-802  Department's Powers and Duties (Insofar as it 
applies to aboveground storage tanks.)
    (ii) Sec. 8-7-805  License Requirement (Insofar as it applies to 
individuals other than UST owners and operators.)
    (2) Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 9--
Petroleum Storage Tank Trust Fund Act.
    (i) Sec. 8-7-903  Rules and Regulations--Powers of department 
(Insofar as (c) addresses aboveground storage tanks.)
    (ii) Reserved.
(B) Regulations.
    (1) Arkansas Department of Pollution Control and Ecology Regulation 
Number 12--Storage Tank Regulation.
    (i) Chapter 2, Section 6: Entry and Inspection of Aboveground 
Storage Tank Facilities (Insofar as it applies to aboveground storage 
tanks.)
    (ii) Chapter 3, Section 1: Underground and Aboveground Storage Tank 
Registration Fees (Insofar as it applies to aboveground storage tanks.)
    (iii) Chapter 5: Licensing of Tank Installers and Service Personnel 
(Insofar as it applies to individuals other than UST system owners and 
operators.)

Section 1: Purpose
Section 2: Definitions
Section 3: Applicability
Section 4: General Requirements
Section 5: Contractor Licensing
Section 6: Individual Licensing
Section 7: Experience Requirements
Section 8: Written Examination
Section 9: Approval of Comparable Licensing Programs
Section 10: Reciprocity
Section 11: Denial of Licenses
Section 12: Renewal of Licenses
Section 13: Duties and Obligations
Section 14: Department Approval of Training and Continuing Education
Section 15: Complaints
Section 16: Investigations; Enforcement; Penalties

[[Page 1062]]

Section 17: Department Actions Against Licenses.

    (iv) Chapter 6: Licensing of Tank Testers (Insofar as it applies to 
individuals other than UST system owners and operators.)

Section 1: Purpose
Section 2: Definitions
Section 3: Applicability
Section 4: General Requirements
Section 5: Company Licensing
Section 6: Individual Licensing
Section 7: Experience Requirements
Section 8: Approval of Comparable Licensing Programs
Section 9: Reciprocity
Section 10: Denial of Licenses
Section 11: Renewal of Licenses
Section 12: Duties and Obligations
Section 13: Department Approval of Training and Continuing Education
Section 14: Complaints
Section 15: Investigation; Enforcement; Penalties
Section 16: Department Actions Against Licenses

    (2) Statement of legal authority. (i) ``Attorney General's Statement 
for Final Approval'', signed by the Attorney General of Arkansas on 
September 21, 1994, though not incorporated by reference, is referenced 
as part of the approved underground storage tank program under Subtitle 
I of RCRA, 42 U.S.C. 6991 et seq.
    (ii) Letter from the Attorney General of Arkansas to EPA, September 
21, 1994, though not incorporated by reference, is referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application on September 26, 1994, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program Description. The program description and any other 
material submitted as part of the original application on September 26, 
1994, though not incorporated by reference, are referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 6 and the Arkansas Department of Pollution Control and Ecology, 
signed by the EPA Regional Administrator on February 14, 1995, though 
not incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.

[61 FR 1214, Jan. 18, 1996]
Secs. 282.54--282.59  [Reserved]



Sec. 282.60  Georgia State-Administered Program.

    (a) The State of Georgia is approved to administer and enforce an 
underground storage tank program in lieu of the federal program under 
Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the Georgia Department of Natural Resources, Environmental Protection 
Division, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 
of this Chapter. EPA approved the Georgia program on April 29, 1991 and 
it was effective on July 9, 1991.
    (b) Georgia has primary responsibility for enforcing its underground 
storage tank program. However, EPA retains the authority to exercise its 
inspection and enforcement authorities under sections 9005 and 9006 of 
subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other 
statutory and regulatory provisions.
    (c) To retain program approval, Georgia must revise its approved 
program to adopt new changes to the federal subtitle I program which 
make it more stringent, in accordance with section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Georgia obtains 
approval for the revised requirements pursuant to section 9004 of RCRA, 
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions 
will be added to this subpart and notice of any change will be published 
in the Federal Register.
    (d) Georgia has final approval for the following elements submitted 
to EPA

[[Page 1063]]

in Georgia's program application for final approval and approved by EPA 
on April 29, 1991. Copies may be obtained from the Underground Storage 
Tank Management Program, Georgia Environmental Protection Division, 4244 
International Parkway, Suite 100, Atlanta, GA 30354.
    (1) State statutes and regulations. (i) The provisions cited in this 
paragraph are incorporated by reference as part of the underground 
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq. 
    (A) Georgia Statutory Requirements Applicable to the Underground 
Storage Tank Program, 1995.
    (B) Georgia Regulatory Requirements Applicable to the Underground 
Storage Tank Program, 1995.
    (ii) The following statutes and regulations are part of the approved 
state program, although not incorporated by reference herein for 
enforcement purposes.
    (A) The statutory provisions include the following sections of the 
Georgia Underground Storage Tank Act:

12-13-5--Rules and regulations; enforcement powers,
12-13-8--Investigations,
12-13-14--Corrective action for violations of chapter, rules, etc., and 
    for release of regulated substance into environment,
12-13-15--Injunctions and restraining orders,
12-13-16--Hearings and review,
12-13-17--Judgement by superior court,
12-13-19--Violations; imposition of penalties,
12-13-20--Action in emergencies, and
12-13-22--Representation by Attorney General

    (B) The regulatory provisions include the following sections of 
Rules of Georgia Department of Natural Resources, Environmental 
Protection Division, Underground Storage Tank Management:

391-3-15-.01(2)--Authority, and
391-3-15-.14--Enforcement

    (2) Statement of legal authority. (i) ``Attorney General's 
Certification of `No Less Stringent' Objectives And `Adequate 
Enforcement' Authorities Implementing The Underground Storage Tank 
Program'', signed by the Attorney General of Georgia on February 20, 
1990, though not incorporated by reference, is referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq. 
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application on February 20, 1990, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program Description. The program description and any other 
material submitted as part of the original application in February 1990, 
though not incorporated by reference, are referenced as part of the 
approved underground storage tank program under subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 4 and the Georgia Department of Natural Resources, signed by the 
EPA Regional Administrator on July 10, 1991, though not incorporated by 
reference, is referenced as part of the approved underground storage 
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[61 FR 4225, Feb. 5, 1996]
Secs. 282.61--282.64  [Reserved]



Sec. 282.65  Iowa State-Administered Program.

    (a) The State of Iowa is approved to administer and enforce an 
underground storage tank program in lieu of the federal program under 
Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the Iowa Department of Natural Resources, was approved by EPA 
pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA approved 
the Iowa program on March 7, 1995 and it was effective on May 8, 1995.
    (b) Iowa has primary responsibility for enforcing its underground 
storage tank program. However, EPA retains the authority to exercise its 
inspection and enforcement authorities under sections 9005 and 9006 of 
subtitle I of

[[Page 1064]]

RCRA, 42 U.S.C. 6991d and 6991e, as well as under other statutory and 
regulatory provisions.
    (c) To retain program approval, Iowa must revise its approved 
program to adopt new changes to the federal subtitle I program which 
make it more stringent, in accordance with section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Iowa obtains approval 
for the revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 
6991c, the newly approved statutory and regulatory provisions will be 
added to this subpart and notice of any change will be published in the 
Federal Register.
    (d) Iowa has final approval for the following elements submitted to 
EPA in Iowa's program application for final approval and approved by EPA 
on March 7, 1995. Copies may be obtained from the Underground Storage 
Tank Program, Iowa Department of Natural Resources, Wallace State Office 
Building, 900 East Grand, Des Moines, Iowa, 50319.
    (1) State statutes and regulations. (i) The provisions cited in this 
paragraph are incorporated by reference as part of the underground 
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (A) Iowa Statutory Requirements Applicable to the Underground 
Storage Tank Program, 1994
    (B) Iowa Regulatory Requirements Applicable to the Underground 
Storage Tank Program, 1994
    (ii) The following statutes and regulations are part of the approved 
state program, although not incorporated by reference herein for 
enforcement purposes.
    (A) The statutory provisions include: Code of Iowa, Chapter 455B, 
Sections 103(4), 109, 111, 112, 475, 476, 477 and 478.
    (iii) The following statutory and regulatory provisions are broader 
in scope than the federal program, are not part of the approved program, 
and are not incorporated by reference herein for enforcement purposes.
    (A) Code of Iowa, Chapter 455B, Sections 113, 114 and 115 insofar as 
they apply to certified laboratories; 479 insofar as it applies to 
account dispersion; Chapter 455G, Sections 1-20 insofar as they apply to 
the comprehensive petroleum underground storage tank fund.
    (B) Iowa Administrative Code, Rule 567, Chapter 134.1-5 insofar as 
they apply to the registration of groundwater professionals; 135.3(4) 
insofar as it applies to farm or residential tanks of 1,100 gallons or 
less capacity used for storing motor fuel for noncommercial purposes.
    (2) Statement of legal authority. (i) ``Attorney General's Statement 
for Final Approval'', signed by the Attorney General of Iowa on December 
22, 1993, though not incorporated by reference, is referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (ii) Letter from the Attorney General of Iowa to EPA, dated December 
22, 1993, though not incorporated by reference, is referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application in March of 1994, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program Description. The program description and any other 
material submitted as part of the original application in March 1994, 
though not incorporated by reference, are referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 7 and the Iowa Department of Natural Resources, signed by the EPA 
Regional Administrator on June 22, 1994, though not incorporated by 
reference, is referenced as part of the approved underground storage 
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[60 FR 12632, Mar. 7, 1995]

[[Page 1065]]



Sec. 282.66  Kansas State-Administered Program.

    (a) The State of Kansas is approved to administer and enforce an 
underground storage tank program in lieu of the federal program under 
subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the Kansas Department of Health and Environment, was approved by EPA 
pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA approved 
the Kansas program on June 6, 1994 and it was effective on July 6, 1994.
    (b) Kansas has primary responsibility for enforcing its underground 
storage tank program. However, EPA retains the authority to exercise its 
inspection and enforcement authorities under sections 9005 and 9006 of 
subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other 
statutory and regulatory provisions.
    (c) To retain program approval, Kansas must revise its approved 
program to adopt new changes to the federal subtitle I program which 
make it more stringent, in accordance with section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Kansas obtains approval 
for the revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 
6991c, the newly approved statutory and regulatory provisions will be 
added to this subpart and notice of any change will be published in the 
Federal Register.
    (d) Kansas has final approval for the following elements submitted 
to EPA in Kansas' program application for final approval and approved by 
EPA on June 6, 1994. Copies may be obtained from the Underground Storage 
Tank Program, Kansas Department of Health and Environment, Forbes Field, 
Building 740, Topeka, Kansas, 66620-0001.
    (1) State statutes and regulations. (i) The provisions cited in this 
paragraph are incorporated by reference as part of the underground 
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (A) Kansas Statutory Requirements Applicable to the Underground 
Storage Tank Program, 1994
    (B) Kansas Regulatory Requirements Applicable to the Underground 
Storage Tank Program, 1994
    (ii) The following statutes and regulations are part of the approved 
state program, although not incorporated by reference herein for 
enforcement purposes.
    (A) The statutory provisions include: Kansas Statutes Annotated, 
Chapter 65, Public Health, Article 34, Kansas Storage Tank Act, Sections 
108, 109 and 113.
    (iii) The following statutory and regulatory provisions are broader 
in scope than the federal program, are not part of the approved program, 
and are not incorporated by reference herein for enforcement purposes.
    (A) Kansas Statutes Annotated, Chapter 65, Article 34, Sections 
105(2) insofar as it applies to aboveground storage tanks, (8) insofar 
as it applies to tank tightness tester qualifications, (11) & (12) 
insofar as it applies to licensing tank installers and fees for these 
licenses, (13) insofar as it applies to aboveground storage tanks; 106 
insofar as it applies to aboveground storage tanks; 110 insofar as it 
applies licensing of tank installers and contractors; 111 insofar as it 
applies suspension of licenses; 112 insofar as it applies to agreements 
between secretary and local governments; 114 & 114a insofar as it 
applies to the storage tank release trust fund; 116 & 117 insofar as it 
applies to the storage tank release fund; 118 insofar as it applies to 
corrective action for aboveground storage tanks; 119-125 insofar as it 
applies to the storage tank release fund; 126 & 127 insofar as it 
applies to the third party liability insurance plan; 128 insofar as it 
applies to the storage tank fee fund; 129 & 130 insofar as it applies to 
the aboveground petroleum storage tank release trust fund.
    (B) Kansas Department of Health and Environment Permanent 
Administrative Regulations, Chapter 28, Article 44, Section 18 insofar 
as it applies to registration of non-regulated underground storage 
tanks; 20-22 insofar as they require underground storage tank 
installers, tank tightness testers and contractors to be licensed; 
23(b)(5) insofar as it applies to heating oil tanks.

[[Page 1066]]

    (2) Statement of legal authority. (i) ``Attorney General's Statement 
for Final Approval'', signed by the Attorney General of Kansas on August 
23, 1993, though not incorporated by reference, is referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (ii) Letter from the Attorney General of Kansas to EPA, August 23, 
1993, though not incorporated by reference, is referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application in September, 1993, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the original application in September 
1993, though not incorporated by reference, are referenced as part of 
the approved underground storage tank program under subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 7 and the Kansas Department of Health and Environment, signed by 
the EPA Regional Administrator on April 29, 1994, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.

[59 FR 49212, Sept. 27, 1994]
Sec. 282.67  [Reserved]



Sec. 282.68  Louisiana State-Administered Program.

    (a) The State of Louisiana is approved to administer and enforce an 
underground storage tank program in lieu of the federal program under 
Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the Louisiana Department of Environmental Quality, was approved by 
EPA pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA 
approved the Louisiana program on July 24, 1992 and it was effective on 
September 4, 1992.
    (b) Louisiana has primary responsibility for enforcing its 
underground storage tank program. However, EPA retains the authority to 
exercise its inspection and enforcement authorities under sections 9005 
and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as 
under other statutory and regulatory provisions.
    (c) To retain program approval, Louisiana must revise its approved 
program to adopt new changes to the federal subtitle I program which 
make it more stringent, in accordance with section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Louisiana obtains 
approval for the revised requirements pursuant to section 9004 of RCRA, 
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions 
will be added to this subpart and notice of any change will be published 
in the Federal Register.
    (d) Louisiana has final approval for the following elements 
submitted to EPA in Louisiana's program application for final approval 
and approved by EPA on July 24, 1992. Copies may be obtained from the 
Underground Storage Tank Program, Louisiana Department of Environmental 
Quality, 7290 Bluebonnet Road, Baton Rouge, LA 70810-1612.
    (1) State statutes and regulations. (i) The provisions cited in this 
paragraph are incorporated by reference as part of the underground 
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (A) Louisiana Statutory Requirements Applicable to the Underground 
Storage Tank Program, 1995.
    (B) Louisiana Regulatory Requirements Applicable to the Underground 
Storage Tank Program, 1995.
    (ii) The following statutes and regulations are part of the approved 
state program, although not incorporated by reference herein for 
enforcement purposes.
    (A) The statutory provisions include:

(1) Louisiana Revised Statutes, Title 30
    Sec. 2012  Enforcement Inspections
    Sec. 2025  Enforcement

[[Page 1067]]

    Sec. 2026  Citizen Suits
    Sec. 2077  Remediation of Pollution
    Sec. 2172  Policy and Purpose
    Sec. 2275  Demand by Secretary; Remedial Action

    (B) The regulatory provisions include:

(1) Louisiana Environmental Regulatory Code, Part XI: Underground 
Storage Tanks, Chapter 15--Enforcement:
    Sec. 1501  Inspection and Entry
    Sec. 1503  Failure to Comply
    Sec. 1505  Investigations: Purposes, Notice

    (iii) The following regulatory provisions are broader in scope than 
the federal program, are not part of the approved program, and are not 
incorporated by reference herein for enforcement purposes.

(A) Louisiana Environmental Regulatory Code, Part XI: Underground 
Storage Tanks
    (1) Chapter 13--Certification Requirements for Persons Who Install, 
Repair, or Close Underground Storage Tank Systems [Insofar as it applies 
to individuals other than UST owners and operators.]
    Sec. 1301  Applicability
    Sec. 1303  Definitions
    Sec. 1305  Categories of Certification and Requirements for Issuance 
and Renewal of Certificates
    Sec. 1307  Certification Examinations
    Sec. 1309  Approval of Continuing Training Courses
    Sec. 1311  Denial of Issuance or Renewal of a Certificate or 
Revocation of a Certificate
    Sec. 1313  UST Certification Board

    (2) Statement of legal authority. (i) ``Attorney General's Statement 
for Final Approval'', signed by the Attorney General of Louisiana on 
September 12, 1991, though not incorporated by reference, is referenced 
as part of the approved underground storage tank program under Subtitle 
I of RCRA, 42 U.S.C. 6991 et seq.
    (ii) Letter from the Attorney General of Louisiana to EPA, September 
12, 1991, though not incorporated by reference, is referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application on October 15, 1991, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program Description. The program description and any other 
material submitted as part of the original application on October 15, 
1991, though not incorporated by reference, are referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 6 and the Louisiana Department of Environmental Quality, signed 
by the EPA Regional Administrator on May 14, 1992, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.

[61 FR 1212, Jan. 18, 1996]



Sec. 282.69  Maine State-Administered Program.

    (a) The State of Maine is approved to administer and enforce an 
underground storage tank program in lieu of the federal program under 
Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the Maine Department of Environmental Protection, was approved by EPA 
pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA approved 
the Maine program on February 18, 1992, and the approval was effective 
on March 18, 1992.
    (b) Maine has primary responsibility for enforcing its underground 
storage tank program. However, EPA retains the authority to exercise its 
inspection and enforcement authorities under sections 3007, 7003, 9005 
and 9006 of RCRA, 42 U.S.C. 6927, 6973, 6991d and 6991e, as well as 
under other statutory and regulatory provisions.

[[Page 1068]]

    (c) To retain program approval, Maine must revise its approved 
program to adopt new changes to the federal Subtitle I program which 
make it more stringent, in accordance with section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Maine obtains approval 
for the revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 
6991c, the newly approved statutory and regulatory provisions will be 
added to this subpart and notice of any change will be published in the 
Federal Register.
    (d) Maine has final approval for the following elements submitted to 
EPA in Maine's program application for final approval and approved by 
EPA on February 18, 1992. Copies may be obtained from the Underground 
Storage Tank Program, Maine Department of Environmental Protection, AMHI 
Complex-Ray Building, Hospital Street, Augusta, ME 04333. The elements 
are listed below:
    (1) State statutes and regulations. (i) The provisions cited in this 
paragraph are incorporated by reference as part of the underground 
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (A) Maine Statutory Requirements Applicable to the Underground 
Storage Tank Program, 1995.
    (B) Maine Regulatory Requirements Applicable to the Underground 
Storage Tank Program, 1995.
    (ii) The following statutes and regulations are part of the approved 
state program, although not incorporated by reference herein for 
enforcement purposes.
    (A) The statutory provisions include: Title 38 Maine Revised 
Statutes Annotated, Sections 561 through 570.
    (B) The regulatory provisions include: Maine Regulations for 
Registration, Installation, Operation and Closure of Underground Oil 
Storage Facilities Chapter 691 Section 1 through 13.
    (iii) The following statutory and regulatory provisions are broader 
in scope than the federal program, are not part of the approved program, 
and are not incorporated by reference herein for enforcement purposes.
    (A) Title 38 Maine Statutes Annotated, Section 565, insofar as it 
refers to registration requirements for tanks greater than 1,100 gallons 
containing heating oil consumed on the premises where stored.
    (B) Maine Environmental Protection Regulations Chapter 691, Section 
6 regulations of heating oil facilities for consumption on premises, 
Section 9 facilities for underground storage of heavy oils.
    (2) Statement of legal authority. (i) ``Attorney General's Statement 
for Final Approval'', signed by the Attorney General of Maine on 
December 5, 1991, though not incorporated by reference, is referenced as 
part of the approved underground storage tank program under Subtitle I 
of RCRA, 42 U.S.C. 6991 et seq.
    (ii) Letter from the Attorney General of Maine to EPA, is referenced 
as part of the approved underground storage tank program under Subtitle 
I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application in November 1991, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the original application in December 20, 
1991, though not incorporated by reference, are referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region I and the Maine Department of Environmental Protection, signed by 
the EPA Regional Administrator on November, 1992, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.

[61 FR 6555, Feb. 21, 1996]
Secs. 282.70--282.78  [Reserved]



Sec. 282.79  New Hampshire.

    (a) The State of New Hampshire is approved to administer and enforce 
an

[[Page 1069]]

underground storage tank program in lieu of the federal program under 
subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the New Hampshire Department of Environmental Services, was approved 
by EPA pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA's 
approval was effective on July 19, 1991.
    (b) New Hampshire has primary responsibility for enforcing its 
underground storage tank program. However, EPA retains the authority to 
exercise its enforcement authorities under sections 9005 and 9006 of 
subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other 
applicable statutory and regulatory provisions.
    (c) To retain program approval, New Hampshire must revise its 
approved program to adopt changes to the federal subtitle I program 
which make it more stringent, in accordance with section 9004 of RCRA, 
42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If New Hampshire 
obtains approval for the revised requirements pursuant to section 9004 
of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory 
provisions will be added to this section and notice of any change will 
be published in the Federal Register.
    (d) New Hampshire has final approval for the following elements 
submitted to EPA in New Hampshire's program application for final 
approval and approved by EPA on June 19, 1991, becoming effective on 
July 19, 1991. Copies may be obtained from the Underground Storage Tank 
Program, New Hampshire Department of Environmental Services, 6 Hazen 
Drive, Concord, NH 03302-0095.
    (1) State statutes and regulations. (i) The provisions cited in this 
paragraph are incorporated by reference as part of the underground 
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (A) New Hampshire Statutory Requirements Applicable to the 
Underground Storage Tank Program, 1993.
    (B) New Hampshire Regulatory Requirements Applicable to the 
Underground Storage Tank Program, 1993.
    (ii) The following statutes and regulations are part of the approved 
state program, although not incorporated by reference herein for 
enforcement purposes.
    (A) The statutory provisions include: New Hampshire Revised Statutes 
Annotated (Supplement 1988) Sections 146-C:9a, 146-C:10, and 146-C:10a; 
147 A:1 through 147-A:13; 541-A:1 through 541-A:10; 91-A:1 through 91-
A:8.
    (B) The regulatory provisions include: New Hampshire Code of 
Administrative Rules (1990) Part Env. C-602.08; Part He-P 1905.
    (iii) The following statutory and regulatory provisions are broader 
in scope than the federal program, are not part of the approved program, 
and are not incorporated by reference herein for enforcement purposes.
    (A) The statutory provisions include: New Hampshire Revised Statutes 
Annotated (Supplement 1988) Section 146-C:1.XII, insofar as it refers to 
heating oil for consumptive use on the premises where stored.
    (B) The regulatory provisions include: New Hampshire Code of 
Administrative Rules (1990) Sections Env-Ws 411.01 and 411.02, insofar 
as they refer to heating oil for consumptive use on the premises where 
stored.
    (2) Statement of legal authority. (i) ``Attorney General's Statement 
for Final Approval'', signed by the Attorney General of New Hampshire on 
November 1, 1990, though not incorporated by reference, is referenced as 
part of the approved underground storage tank program under subtitle I 
of RCRA, 42 U.S.C. 6991 et seq.
    (ii) Letter from the Attorney General of New Hampshire to EPA, 
November 1, 1990, though not incorporated by reference, is referenced as 
part of the approved underground storage tank program under subtitle I 
of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures For Adequate Enforcement'' submitted as 
part of the original application in December 1990, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program description. The program description and any other 
material

[[Page 1070]]

submitted as part of the original application in December 1990, though 
not incorporated by reference, are referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (5) Memorandum of agreement. The Memorandum of Agreement between EPA 
Region I and the New Hampshire Department of Environmental Services, 
signed by the EPA Regional Administrator on August 8, 1991, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
Sec. 282.80  [Reserved]



Sec. 282.81  New Mexico State-Administered Program.

    (a) The State of New Mexico is approved to administer and enforce an 
underground storage tank program in lieu of the federal program under 
Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the New Mexico Environmental Improvement Board, was approved by EPA 
pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA approved 
the New Mexico program on August 21, 1990 and it was effective on 
November 16, 1990.
    (b) New Mexico has primary responsibility for enforcing its 
underground storage tank program. However, EPA retains the authority to 
exercise its inspection and enforcement authorities under sections 9005 
and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as 
under other statutory and regulatory provisions.
    (c) To retain program approval, New Mexico must revise its approved 
program to adopt new changes to the federal subtitle I program which 
make it more stringent, in accordance with section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If New Mexico obtains 
approval for the revised requirements pursuant to section 9004 of RCRA, 
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions 
will be added to this subpart and notice of any change will be published 
in the Federal Register.
    (d) New Mexico has final approval for the following elements 
submitted to EPA in New Mexico's program application for final approval 
and approved by EPA on August 21, 1990. Copies may be obtained from the 
Underground Storage Tank Program, New Mexico Environmental Improvement 
Board, 1190 St. Francis Drive, Santa Fe, NM 87503.
    (1) State statutes and regulations. (i) The provisions cited in this 
paragraph are incorporated by reference as part of the underground 
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (A) New Mexico Statutory Requirements Applicable to the Underground 
Storage Tank Program, 1995.
    (B) New Mexico Regulatory Requirements Applicable to the Underground 
Storage Tank Program, 1995.
    (ii) The following statutes and regulations are part of the approved 
state program, although not incorporated by reference herein for 
enforcement purposes.
    (A) The statutory provisions include:

(1) New Mexico Statutes 1978 Annotated, Chapter 74, Environmental 
Improvement.
    (i) Article 4: Hazardous Wastes.
    74-4-4.2  Permits; Issuance; Denial; Modification; Suspension; 
Revocation
    74-4-4.3  Entry; Availability of Records
    74-4-10  Enforcement; Compliance Orders; Civil Penalties
    74-4-11  Penalty; Criminal
    74-4-12  Penalty; Civil
    74-4-13  Imminent Hazards; Authority of Director; Penalties
    74-4-14  Administrative Actions; Judicial Review
    (ii) Article 6: Water Quality.
    74-6-7  Administrative Action; Judicial Review
    74-6-10  Penalties Enforcement; Compliance Orders; Penalties; 
Assurance of Discontinuance
    74-6-10.1  Civil Penalties
    74-6-10.2  Criminal Penalties
    74-6-11  Emergency; Powers of Delegated Constituent Agencies; 
Penalties
    (iii) Article 6B: Ground Water Protection.
    74-6B-5  Department's Right of Entry and Inspection


[[Page 1071]]


    (B) The regulatory provisions include:

(1) State of New Mexico Environmental Improvement Board Underground 
Storage Tank Regulations.
    (i) Part X: Administrative Review.
    Sec. 1000  Informal Review
    Sec. 1001  Review By the Director on Written Memoranda
    Sec. 1002  Public Participation
(2) New Mexico Rules Governing Appeals From Compliance Orders Under the 
Hazardous Waste Act and the Solid Waste Act.
    (i) Part I: General Provisions.
    Sec. 101  Authority
    Sec. 102  Scope of Rules; Applicability of Rules of Civil Procedure
    Sec. 103  Definitions
    Sec. 104  Use of Number and Gender
    Sec. 105  Powers and Duties of the Director, Hearing Officer, and 
Hearing Clerk
    Sec. 106  Computation and Extension of Time
    Sec. 107  Ex Parte Discussions
    Sec. 108  Examination of Documents Filed
    Sec. 109  Settlement; Consent Agreement
    (ii) Part II: Document Requirements.
    Sec. 201  Filing, Service, and Form of Documents
    Sec. 202  Filing and Service of Documents Issued by Hearing Officer
    Sec. 203  Compliance Order
    Sec. 204  Request for Hearing; Answer to Compliance Order
    Sec. 205  Notice of Docketing; Notice of Hearing Officer Assignment
    Sec. 206  Motions
    (iii) Part III: Prehearing Procedures and Discovery.
    Sec. 301  General Rules Regarding Discovery
    Sec. 302  Identity of Witnesses
    Sec. 303  Production of Documents
    Sec. 304  Request for Admissions
    Sec. 305  Subpoenas
    Sec. 306  Other Discovery
    (iv) Part IV: Hearing Procedures.
    Sec. 401  Scheduling the Hearing
    Sec. 402  Evidence
    Sec. 403  Objections and Offers of Proof
    Sec. 404  Burden of Presentation; Burden of Persuasion
    (v) Part V: Post-Hearing Procedures.
    Sec. 501  Filing the Transcript
    Sec. 502  Proposed Findings, Conclusions and Orders
    Sec. 503  Recommended Decision
    Sec. 504  Final Order by Director
    Sec. 505  Judicial Review
    (vi) Part VI: Miscellaneous Provisions.
    Sec. 601  Liberal Construction
    Sec. 602  Severability
    Sec. 603  Supersession of Prior Rules
    Sec. 604  Savings Clause

    (iii) The following statutory and regulatory provisions are broader 
in scope than the federal program, are not part of the approved program, 
and are not incorporated by reference herein for enforcement purposes.

(A) New Mexico Statutes 1978 Annotated, Chapter 74, Environmental 
Improvement.
    (1) 74-4-4.4  Underground Storage Tanks; Registration; Installer 
Certification; Fees [Insofar as it applies to individuals other than UST 
owners and operators.]
(B) State of New Mexico Environmental Improvement Board Underground 
Storage Tank Regulations.
    (1) Part I: General Provisions.
    Sec. 103  Applicability [Insofar as it does not exclude UST systems 
with de minimis concentrations of regulated substances; emergency spill 
or overflow containment UST systems expeditiously emptied after use; UST 
systems that are part of emergency generator systems at nuclear power 
generation facilities; airport hydrant fuel distribution systems; and 
UST systems with field-constructed tanks; and does not defer emergency 
power generator UST systems.]
    (2) Part XIV: Certification of Tank Installers [Insofar as it 
applies to individuals other than UST owners and operators.]
    Sec. 1400  Purpose
    Sec. 1401  Legal Authority
    Sec. 1402  Definitions
    Sec. 1403  Applicability
    Sec. 1404  General Requirements
    Sec. 1405  Contractor Certification
    Sec. 1406  Individual Certification
    Sec. 1407  Experience Requirements
    Sec. 1408  Written Examination
    Sec. 1409  On-Site Examination
    Sec. 1410  Approval of Comparable Certification Programs

[[Page 1072]]

    Sec. 1411  Denial of Certificates
    Sec. 1412  Renewal of Certificates
    Sec. 1413  Installer Duties and Obligations
    Sec. 1414  Division Approval of Training and Continuing Education
    Sec. 1415  Complaints
    Sec. 1416  Investigations, Enforcement, Penalties
    Sec. 1417  Division Actions Against Certificates

    (2) Statement of legal authority. (i) ``Attorney General's Statement 
for Final Approval'', signed by the Attorney General of New Mexico on 
June 25, 1990, though not incorporated by reference, is referenced as 
part of the approved underground storage tank program under Subtitle I 
of RCRA, 42 U.S.C. 6991 et seq.
    (ii) Letter from the Attorney General of New Mexico to EPA, June 25, 
1990, though not incorporated by reference, is referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application on September 25, 1989, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq. 
    (4) Program Description.  The program description and any other 
material submitted as part of the original application on September 25, 
1990, though not incorporated by reference, are referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 6 and the New Mexico Environmental Improvement Board, signed by 
the EPA Regional Administrator on September 13, 1990, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq. 

[61 FR 1217, Jan. 18, 1996]
Secs. 282.82--282.83  [Reserved]



Sec. 282.84  North Dakota State-Administered Program.

    (a) The State of North Dakota is approved to administer and enforce 
an underground storage tank program in lieu of the federal program under 
subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the North Dakota Department of Health and Consolidated Laboratories, 
was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this 
Chapter. EPA approved the North Dakota program on October 11, 1991 and 
it was effective on December 10, 1991.
    (b) North Dakota has primary responsibility for enforcing its 
underground storage tank program. However, EPA retains the authority to 
exercise its inspection and enforcement authorities under sections 9005 
and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as 
under other statutory and regulatory provisions.
    (c) To retain program approval, North Dakota must revise its 
approved program to adopt new changes to the federal subtitle I program 
which make it more stringent, in accordance with section 9004 of RCRA, 
42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If North Dakota obtains 
approval for the revised requirements pursuant to section 9004 of RCRA, 
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions 
will be added to this subpart and notice of any change will be published 
in the Federal Register.
    (d) North Dakota has final approval for the following elements 
submitted to EPA in North Dakota's program application for final 
approval and approved by EPA on October 11, 1991. Copies may be obtained 
from the Underground Storage Tank Program, North Dakota Department of 
Health Consolidated Laboratories, 1200 Missouri Avenue, Bismarck, ND 
58502-5520.
    (1) State Statutes and Regulations. (i) The provisions cited in this 
paragraph are incorporated by reference as part of the underground 
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[[Page 1073]]

    (A) North Dakota Statutory Requirements Applicable to the 
Underground Storage Tank Program, 1995.
    (B) North Dakota Regulatory Requirements Applicable to the 
Underground Storage Tank Program, 1995.
    (ii) The following statutes and regulations are part of the approved 
state program, although not incorporated by reference herein for 
enforcement purposes.
    (A) The statutory provisions include: North Dakota Century Code 
(NDCC), Chapter 23-20.3, Sections 23-20.3-06, 23-20.3-07 and 23-20.3-09.
    (B) The regulatory provisions include: North Dakota Administrative 
Code, Chapter 33-24-08, Sections 33-24-08-56, 33-24-08-57 and 33-24-08-
98.
    (2) Statement of Legal Authority. (i) ``Attorney General's Statement 
for Final Approval'', signed by the Attorney General of North Dakota on 
February 28, 1991, though not incorporated by reference, is referenced 
as part of the approved underground storage tank program under subtitle 
I of RCRA, 42 U.S.C. 6991 et seq.
    (ii) Letter from the Attorney General of North Dakota to EPA, 
February 28, 1991, though not incorporated by reference, is referenced 
as part of the approved underground storage tank program under subtitle 
I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of Procedures for Adequate Enforcement. The 
``Demonstration of Procedures For Adequate Enforcement'' submitted as 
part of the original application in April 1991, though not incorporated 
by reference, is referenced as part of the approved underground storage 
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (4) Program Description. The program description and any other 
material submitted as part of the original application in April 1991, 
though not incorporated by reference, are referenced as part of the 
approved underground storage tank program under subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region VIII and the North Dakota Department of Health and Consolidated 
Laboratories, signed by the EPA Regional Administrator on September 10, 
1993, though not incorporated by reference, is referenced as part of the 
approved underground storage tank program under subtitle I of RCRA, 42 
U.S.C. 6991 et seq.

[60 FR 32470, June 22, 1995]
Sec. 282.85  [Reserved]



Sec. 282.86  Oklahoma State-Administered Program.

    (a) The State of Oklahoma is approved to administer and enforce an 
underground storage tank program in lieu of the federal program under 
Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the Oklahoma Corporation Commission, was approved by EPA pursuant to 
42 U.S.C. 6991c and part 281 of this chapter. EPA approved the Oklahoma 
program on August 12, 1992 and it was effective on October 14, 1992.
    (b) Oklahoma has primary responsibility for enforcing its 
underground storage tank program. However, EPA retains the authority to 
exercise its inspection and enforcement authorities under sections 9005 
and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as 
under other statutory and regulatory provisions.
    (c) To retain program approval, Oklahoma must revise its approved 
program to adopt new changes to the federal subtitle I program which 
make it more stringent, in accordance with section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Oklahoma obtains 
approval for the revised requirements pursuant to section 9004 of RCRA, 
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions 
will be added to this subpart and notice of any change will be published 
in the Federal Register.
    (d) Oklahoma has final approval for the following elements submitted 
to EPA in Oklahoma's program application for final approval and approved 
by EPA on August 12, 1991. Copies may be obtained from the Underground 
Storage Tank Program, Oklahoma Corporation Commission, Jim Thorpe 
Building, Room 238, Oklahoma City, OK 73105.
    (1) State statutes and regulations. (i) The provisions cited in this 
paragraph

[[Page 1074]]

are incorporated by reference as part of the underground storage tank 
program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (A) Oklahoma Statutory Requirements Applicable to the Underground 
Storage Tank Program, 1995.
    (B) Oklahoma Regulatory Requirements Applicable to the Underground 
Storage Tank Program, 1995.
    (ii) The following statutes and regulations are part of the approved 
state program, although not incorporated by reference herein for 
enforcement purposes.
    (A) The statutory provisions include:

  (1) Oklahoma Statutes, Chapter 14: Oklahoma Underground Storage Tank 
                             Regulation Act

Sec. 306  Corporation Commission--Powers and Duties
Sec. 310  Inspections and Investigations--Violations--Notice--Failure To 
          Take Corrective Action--Notice and Hearing--Orders--Service of 
          Instruments--Notice to Real Property Owner and Opportunity for 
          Hearing
Sec. 312  Enforcement of Actions and Remedies--Action for Equitable 
          Relief--Jurisdiction--Relief

    (B) The regulatory provisions include:

  (1) Oklahoma Annotated Code, Chapter 25: Underground Storage Tanks, 
           Subchapter 9: Inspections, Testing, and Monitoring

Part 1: Inspections
Part 5: Penalties
Part 7: Field Citations
Part 9: Shutdown of Operations

(2) Oklahoma Annotated Code, Chapter 27: Petroleum Storage Tank Release 
       Indemnity Program, Subchapter 9: Administrative Provisions

Sec. 165:27-9-1 Hearing, Orders, and Appeals
Sec. 165:27-9-2 Changes to Rules
Sec. 165:27-9-3 Notices
Sec. 165:27-9-4 Severability

    (iii) The following statutory and regulatory provisions are broader 
in scope than the federal program, are not part of the approved program, 
and are not incorporated by reference herein for enforcement purposes.

  (A) Oklahoma Statutes, Chapter 14: Oklahoma Underground Storage Tank 
                             Regulation Act

Sec. 308  Permits--Necessity--Application--Issuance--Fees--Denial, 
          Refusal to Issue, Suspension or Revocation--Financial 
          Responsibility Coverage (Insofar as (B) applies to individuals 
          other than UST system owners and operators.)
Sec. 318  Program for Certification of Underground Storage Tank 
          Professionals--Meeting Training and Other Requirements for 
          Federal Law and Regulations and State Statutes (Insofar as it 
          applies to individuals other than UST owners and operators.)

   (B) Oklahoma Annotated Code, Chapter 25: Underground Storage Tanks

                  (1) Subchapter 1: General Provisions

Part 9: Notification and Reporting Requirements (Insofar as 165:25-1-45 
          requires owners of exempt USTs to notify the Commission of the 
          existence of such systems.)

     (2) Subchapter 3: Release Prevention, Detection, and Correction

Part 9: Installation of Underground Storage Tank Systems (Insofar as 
          165:25-3-48 applies to individuals other than UST owners and 
          operators.)
Part 19: Certification for UST Consultants (Insofar as it applies to 
          individuals other than UST owners and operators.)

    (2) Statement of legal authority. (i) ``Attorney General's Statement 
for Final Approval'', signed by the Attorney General of Oklahoma on June 
21, 1990, though not incorporated by reference, is referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (ii) Letter from the Attorney General of Oklahoma to EPA, June 21, 
1990, though not incorporated by reference, is referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application on June 25, 1989, though

[[Page 1075]]

not incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program Description. The program description and any other 
material submitted as part of the original application on June 25, 1989, 
though not incorporated by reference, are referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 6 and the Oklahoma Corporation Commission, signed by the EPA 
Regional Administrator on April 8, 1992, though not incorporated by 
reference, is referenced as part of the approved underground storage 
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[61 FR 1221, Jan. 18, 1996]
Secs. 282.87--282.88  [Reserved]



Sec. 282.89  Rhode Island State-Administered Program.

    (a) The State of Rhode Island is approved to administer and enforce 
an underground storage tank program in lieu of the federal program under 
Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the Rhode Island Department of Environmental Management, was approved 
by EPA pursuant to 42 U.S.C. 6991c and Part 281 of 40 CFR. EPA approved 
the Rhode Island program on January 11, 1993, and the approval was 
effective on February 10, 1993.
    (b) Rhode Island has primary responsibility for enforcing its 
underground storage tank program. However, EPA retains the authority to 
exercise its inspection and enforcement authorities under Sections 9005 
and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as 
under other statutory and regulatory provisions.
    (c) To retain program approval, Rhode Island must revise its 
approved program to adopt new changes to the federal Subtitle I program 
which make it more stringent, in accordance with Section 9004 of RCRA, 
42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If Rhode Island obtains 
approval for the revised requirements pursuant to Section 9004 of RCRA, 
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions 
will be added to this subpart and notice of any change will be published 
in the Federal Register.
    (d) Rhode Island has final approval for the following elements 
submitted to EPA in Rhode Island's program application for final 
approval and approved by EPA on January 11, 1995. Copies may be obtained 
from the Underground Storage Tank Program, Rhode Island Department of 
Environmental Management, 291 Promenade Street, Providence, RI 02908. 
The elements are listed as follows:
    (1) State statutes and regulations. (i) The provisions cited in this 
paragraph are incorporated by reference as part of the underground 
storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (A) Rhode Island Statutory Requirements Applicable to the 
Underground Storage Tank Program, 1995.
    (B) Rhode Island Regulatory Requirements Applicable to the 
Underground Storage Tank Program, 1995.
    (ii) The following statutes and regulations are part of the approved 
state program, although not incorporated by reference herein for 
enforcement purposes.
    (A) The statutory provisions include: Titles 46, 42, 38, 37, and 23 
of the General Laws of Rhode Island, 1956, as amended.
    (B) The regulatory provisions include: The State of Rhode Island 
Regulations for Underground Storage Facilities Used for Petroleum 
Products and Hazardous Materials.
    (iii) The following statutory and regulatory provisions are broader 
in scope than the federal program, are not part of the approved program, 
and are not incorporated by reference herein for enforcement purposes.
    (A) Titles 46, 42, 38, 37, and 23 of the General Laws of Rhode 
Island, 1956, as amended, insofar as they refer to registration and 
closure requirements for tanks containing heating oil consumed on the 
premises where stored; and farm or residential tanks less than or equal 
to 1,100 gallons containing motor fuels for non-consumptive use.

[[Page 1076]]

    (B) Rhode Island Regulations for Underground Storage Facilities Used 
for Petroleum Products and Hazardous Materials, Section 8, Facility 
Registration and Notification, and Section 15, Closure; insofar as they 
refer to tanks less than or equal to 1,100 gallons containing motor 
fuels for non-commercial use and for tanks containing heating oil 
consumed on the premises where stored.
    (2) Statement of legal authority. (i) ``Attorney General's Statement 
for Final Approval and appendixes'' signed by the Attorney General of 
Rhode Island on July 1, 1992, though not incorporated by reference, is 
referenced as part of the approved underground storage tank program 
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (ii) Letter from the Attorney General of Rhode Island to EPA July 1, 
1992, though not incorporated by reference, is referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application in July 1992, though not incorporated 
by reference, is referenced as part of the approved underground storage 
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (4) Program Description. The program description and any other 
material submitted as part of the original application in July 1992, 
though not incorporated by reference, are referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. On October 19, 1992, EPA and the Rhode 
Island Department of Environmental Management signed the Memorandum of 
Agreement. Though not incorporated by reference, the Memorandum of 
Agreement is referenced as part of the approved underground storage tank 
program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[61 FR 6320, Feb. 20, 1996]
Sec. 282.90  [Reserved]



Sec. 282.91  South Dakota State-Administered Program.

    (a) The State of South Dakota is approved to administer and enforce 
an underground storage tank program in lieu of the federal program under 
Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the South Dakota Department of Environment and Natural Resources, was 
approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this 
chapter. EPA approved the South Dakota program on March 16, 1995 and it 
was effective on May 15, 1995.
    (b) South Dakota has primary responsibility for enforcing its 
underground storage tank program. However, EPA retains the authority to 
exercise its inspection and enforcement authorities under sections 9005 
and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as 
under other statutory and regulatory provisions.
    (c) To retain program approval, South Dakota must revise its 
approved program to adopt new changes to the federal subtitle I program 
which make it more stringent, in accordance with section 9004 of RCRA, 
42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If South Dakota obtains 
approval for the revised requirements pursuant to section 9004 of RCRA, 
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions 
will be added to this subpart and notice of any change will be published 
in the Federal Register.
    (d) South Dakota has final approval for the following elements 
submitted to EPA in South Dakota's program application for final 
approval and approved by EPA on [insert date of publication]. Copies may 
be obtained from the Underground Storage Tank Program, South Dakota 
Department of Environment and Natural Resources, 523 East Capitol, 
Pierre, South Dakota 57501.
    (1) State statutes and regulations. (i) The provisions cited in this 
paragraph are incorporated by reference as part of the underground 
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[[Page 1077]]

    (A) South Dakota Statutory Requirements Applicable to the 
Underground Storage Tank Program, 1995.
    (B) South Dakota Regulatory Requirements Applicable to the 
Underground Storage Tank Program, 1995.
    (ii) The following statutes are part of the approved state program, 
although not incorporated by reference herein for enforcement purposes.
    (A) The statutory provisions include: South Dakota Codified Law, 
Water Pollution Control, Chapter 34A-2, Sections 46 and 48, Sections 72 
through 75, Chapters 34A-10 and 34A-12.
    (iii) The following statutory provisions are broader in scope than 
the federal program, are not part of the approved program, and are not 
incorporated by reference herein for enforcement purposes.
    (A) South Dakota statutes Annotated, Chapter 34A-2, Section 100, 
insofar as it applies to above ground stationary storage tanks, Section 
102, insofar as it applies to installation of above ground stationary 
storage tanks, Section 101, insofar as it applies to corrective action 
for above ground stationary storage tanks.
    (2) Statement of legal authority. (i) ``Attorney General's Statement 
for Final Approval'', signed by the Attorney General of South Dakota on 
June 17, 1992, though not incorporated by reference, is referenced as 
part of the approved underground storage tank program under Subtitle I 
of RCRA, 42 U.S.C. 6991 et seq.
    (ii) Letter from the Attorney General of South Dakota to EPA, June 
17, 1992, though not incorporated by reference, is referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the complete application in October 1993, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program Description. The program description and any other 
material submitted as part of the original application in June 1992, 
though not incorporated by reference, are referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region VIII and the South Dakota Department of Environment and Natural 
Resources, signed by the EPA Regional Administrator on February 23, 
1995, though not incorporated by reference, is referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.

[60 FR 14336, Mar. 16, 1995]
Sec. 282.92  [Reserved]



Sec. 282.93  Texas State-Administered Program.

    (a) The State of Texas is approved to administer and enforce an 
underground storage tank program in lieu of the federal program under 
Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the Texas Natural Resource Conservation Commission, was approved by 
EPA pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA 
approved the Texas program on March 7, 1995 and it was effective on 
April 17, 1995.
    (b) Texas has primary responsibility for enforcing its underground 
storage tank program. However, EPA retains the authority to exercise its 
inspection and enforcement authorities under sections 9005 and 9006 of 
subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other 
statutory and regulatory provisions.
    (c) To retain program approval, Texas must revise its approved 
program to adopt new changes to the federal subtitle I program which 
make it more stringent, in accordance with section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Texas obtains approval 
for the revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 
6991c, the newly approved statutory and regulatory provisions will be 
added to this subpart and notice of any change will be published in the 
Federal Register.

[[Page 1078]]

    (d) Texas has final approval for the following elements submitted to 
EPA in Texas' program application for final approval and approved by EPA 
on March 7, 1995. Copies may be obtained from the Underground Storage 
Tank Program, Texas Natural Resource Conservation Commission, P.O. Box 
13087, Austin, TX 78711-3087.
    (1) State statutes and regulations. (i) The provisions cited in this 
paragraph are incorporated by reference as part of the underground 
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(A) Texas Statutory Requirements Applicable to the Underground Storage 
Tank Program, 1995
(B) Texas Regulatory Requirements Applicable to the Underground Storage 
Tank Program, 1995

    (ii) The following statutes and regulations are part of the approved 
state program, although not incorporated by reference herein for 
enforcement purposes.
    (A) The statutory provisions include:

   (1) Texas Water Code, Title 2, Subtitle D, Chapter 26--State Water 
                             Administration.

Sec. 26.013  Research, Investigations
Sec. 26.014  Power to Enter Property
Sec. 26.015  Power to Examine Records
Sec. 26.016  Enforcement Proceedings
Sec. 26.017  Cooperation
Sec. 26.019  Orders
Sec. 26.020  Hearing Powers
Sec. 26.021  Delegation of Hearing Powers
Sec. 26.022  Notice of Hearings; Continuance
Sec. 26.042  Monitoring and Reporting
Sec. 26.121  Unauthorized Discharges Prohibited
Sec. 26.122  Civil Penalty
Sec. 26.123  Enforcement by Commission
Sec. 26.124  Enforcement by Others
Sec. 26.125  Venue and Procedure
Sec. 26.126  Disposition of Civil Penalties
Sec. 26.136  Administrative Penalty
Sec. 26.212  Criminal Offense
Sec. 26.213  Criminal Penalty
Sec. 26.268  Penalties
Sec. 26.353  Commission Orders
Sec. 26.354  Emergency Orders
Sec. 26.356  Inspections, Monitoring, and Testing

    (B) The regulatory provisions include:

     (1) 31 Texas Administrative Code, Chapter 334--Underground and 
                       Aboveground Storage Tanks.

                    Subchapter A: General Provisions

Sec. 334.11  Enforcement
Sec. 334.14  Memorandum of Understanding between the Attorney General of 
Texas and the Texas Natural Resource Conservation Commission

       (2) 31 Texas Administrative Code, Chapter 337--Enforcement.

                (i) Subchapter A: Enforcement Generally.

Sec. 337.1  Enforcement Orders
Sec. 337.2  Hearings on Violations
Sec. 337.3  Legal Proceedings
Sec. 337.4  Complaint File
Sec. 337.5  Confidentiality of Enforcement Information
Sec. 337.6  Force Majeure

                (ii) Subchapter B: Enforcement Hearings.

Sec. 337.31  Purpose
Sec. 337.32  Remedies
Sec. 337.33  Definitions
Sec. 337.34  Substantial Noncompliance and Emergency Conditions
Sec. 337.35  Emergencies
Sec. 337.36  Preliminary Enforcement Report
Sec. 337.37  Notice
Sec. 337.38  Answer
Sec. 337.39  Commission Action
Sec. 337.40  Appeals of Administrative Penalties

              (iii) Subchapter C: Water Rights Enforcement.

Sec. 337.51  Show-Cause Enforcement Procedures
Sec. 337.52  Notice
Sec. 337.53  Enforcement of Commission Orders
Sec. 337.54  Enforcement

(3) 31 Texas Administrative Code, Chapter 265--Procedures Before Public 
                                Hearing.

Sec. 265.1  Initial Pleadings
Sec. 265.2  Executive Director Forwards Initial Pleadings to the 
Commission
Sec. 265.3  Acceptance for Filing
Sec. 265.4  Affidavit of Publication

[[Page 1079]]

Sec. 265.5  Effect of Failure to Furnish Affidavit
Sec. 265.6  Conference Before Hearing
Sec. 265.7  Recordation of Conference Action
Sec. 265.8  Prefiled Testimony and Exhibits
Sec. 265.9  Written Protest
Sec. 265.10  Discovery
Sec. 265.11  Forms of Discovery
Sec. 265.12  Scope of Discovery
Sec. 265.13  Exceptions
Sec. 265.14  Protective Orders
Sec. 265.15   Duty to Supplement
Sec. 265.16  Discovery of Documents and Things
Sec. 265.17  Interrogatories to Parties
Sec. 265.18  Admission of Facts and Genuineness of Document
Sec. 265.19  Requests for Requests for Information
Sec. 265.20 Sanctions for Failure to Comply with Discovery Ruling

(4) 31 Texas Administrative Code, Chapter 267--Procedures During Public 
                                Hearing.

Sec. 267.1  Designation of Parties
Sec. 267.2  Statutory Parties
Sec. 267.3  Rights of Parties at the Hearing
Sec. 267.4  Persons Not Parties
Sec. 267.5  Effect of Postponement
Sec. 267.6  Furnishing Copies of Pleadings
Sec. 267.7  Conference During Hearing
Sec. 267.8  Recordation of Hearing Conference Action
Sec. 267.9  Agreements to be in Writing
Sec. 267.10  Rulings in Commission Evidentiary Hearings
Sec. 267.11  Order of Presentation
Sec. 267.12  Alignment of Participants
Sec. 267.13  General Admissibility of Evidence
Sec. 267.14  Objections
Sec. 267.15  Interlocutory Appeals
Sec. 267.16  Cross-Examination of Witnesses
Sec. 267.17  Stipulation
Sec. 267.18  Exhibits
Sec. 267.19  Copies of Exhibits
Sec. 267.20  Abstracts of Documents
Sec. 267.21  Excluding Exhibits
Sec. 267.22  Official Notice
Sec. 267.23  Parties to be Informed of Material Officially Noticed
Sec. 267.24  Continuance
Sec. 267.25  Oral Argument
Sec. 267.26  Submittal of Findings of Fact and Conclusions of Law

 (5) 31 Texas Administrative Code, Chapter 273--Procedures After Final 
                                Decision.

Sec. 273.1  Motion for Rehearing
Sec. 273.2  Reply to Motion for Rehearing
Sec. 273.3  Granting of Motion for Rehearing
Sec. 273.4  Modification of Time Limits
Sec. 273.5  Decision Final and Appealable
Sec. 273.6  Appeal
Sec. 273.7  The Record
Sec. 273.8   Costs of Record on Appeal

    (iii) The following statutory and regulatory provisions are broader 
in scope than the federal program, are not part of the approved program, 
and are not incorporated by reference herein for enforcement purposes.

   (A) Texas Water Code, Title 2, Subtitle D, Chapter 26--State Water 
                             Administration.

      (1) Subchapter I: Underground and Aboveground Storage Tanks.

Sec. 26.341  Purpose (Insofar as it applies to aboveground storage 
tanks.)
Sec. 26.342  Definitions (Insofar as (10) and (12) apply to aboveground 
storage tanks.)
Sec. 26.344  Exemptions (Insofar as (a), (d), and (f) apply to 
aboveground storage tanks.)
Sec. 26.3441  Aboveground Storage Tanks (Insofar as it applies to 
aboveground storage tanks.)
Sec. 26.345  Administrative Provisions (Insofar as (a) and (e) apply to 
aboveground storage tanks.)
Sec. 26.346  Registration Requirements (Insofar as (a) applies to 
aboveground storage tanks.)
Sec. 26.349  Reporting of Releases and Corrective Action (Insofar as (a) 
applies to aboveground storage tanks.)
Sec. 26.351  Corrective Action (Insofar as it applies to aboveground 
storage tanks.)
Sec. 26.3511  Corrective Action by the Commission (Insofar as it applies 
to aboveground storage tanks.)
Sec. 26.3514  Limits on Liability of Lender (Insofar as it applies to 
aboveground storage tanks.)
Sec. 26.3515  Limits on Liability of Corporate Fiduciary (Insofar as it 
applies to aboveground storage tanks.)

[[Page 1080]]

Sec. 26.355  Recovery of Costs (Insofar as it applies to aboveground 
storage tanks.)
Sec. 26.358  Storage Tank Fund; Fees (Insofar as it applies to 
aboveground storage tanks.)

     (B) 31 Texas Administrative Code, Chapter 334--Underground and 
                       Aboveground Storage Tanks.

                  (1) Subchapter A: General Provisions.

    (i) Insofar as Sec. 334.1(a)(1), (c), and (d)(2) apply to 
aboveground storage tanks.
    (ii) Insofar as Sec. 334.3(b) applies release reporting and 
corrective action requirements to certain hydraulic lift tanks that are 
exempt under the federal program.
    (iii) Insofar as Sec. 334.4 does not exclude airport hydrant fuel 
distribution systems and UST systems with field-constructed tanks; 
excludes only sumps less than 110 gallons, as opposed to all tanks; and 
does not provide a release detection deferral for UST systems that store 
fuel solely for use by emergency power generators.
    (iv) Insofar as Sec. 334.4 subjects wastewater treatment tank 
systems that are deferred in the federal rules to the registration, 
general operating requirements, and corrective action requirements.
    (v) Insofar as Sec. 334.4 requires USTs that store radioactive 
substances or are part of a nuclear power plant to comply with 
registration and general operating requirements.
    (vi) Insofar as Sec. 334.4 applies release reporting and corrective 
action requirements to certain hydraulic lift tanks that are exempt 
under the federal program.

 (2) Subchapter F: Aboveground Storage Tanks (Insofar as it applies to 
                       aboveground storage tanks)

Sec. 334.121  Purpose and Applicability
Sec. 334.122  Definitions
Sec. 334.123  Statutory Exemptions
Sec. 334.124  Commission Exclusions
Sec. 334.125  General Prohibitions and Requirements
Sec. 334.126  Installation Notification
Sec. 334.127  Registration
Sec. 334.128  Annual Facility Fees
Sec. 334.129  Release Reporting and Corrective Action
Sec. 334.130  Reporting and Recordkeeping
Sec. 334.131  Enforcement
Sec. 334.132  Other General Provisions

(3) Subchapter I: Underground Storage Tank Contractor Certification and 
Installer Licensing (Insofar as it applies to individuals other than UST 
                          owners and operators)

Sec. 334.401  Certificate of Registration for UST Contractor
Sec. 334.402  Application for Certificate of Registration
Sec. 334.403  Issuance of Certificate of Registration
Sec. 334.404  Renewal of Certificate of Registration
Sec. 334.405  Denial of Certificate of Registration
Sec. 334.406  Fee Assessments for Certificate of Registration
Sec. 334.407  Other Requirements
Sec. 334.408  Exception to Registration Requirements
Sec. 334.409  Revocation, Suspension or Reinstatement of Certification 
of Registration and License
Sec. 334.410  Notice of Hearings
Sec. 334.411  Type of Hearing
Sec. 334.412  Subchapter I Definitions
Sec. 334.413  License for Installers and On-Site Supervisors
Sec. 334.414  License for Installers and On-Site Supervisors
Sec. 334.415  License A and License B
Sec. 334.416  Requirements for Issuance of License A and License B
Sec. 334.417  Application for License A and License B
Sec. 334.418  Notification of Examination
Sec. 334.419  License A and License B Examination
Sec. 334.420  Issuance of License A or License B
Sec. 334.421  Renewal of License
Sec. 334.422  Denial of License A or License B
Sec. 334.423  Fees Assessments for License A and License B
Sec. 334.424  Other Requirements for a License A and License B
Sec. 334.425  Exceptions to License A and License B Requirements
Sec. 334.426  Revocation, Suspension, or Reinstatement of a License A 
and License B
Sec. 334.427  Notice of Hearings

[[Page 1081]]

Sec. 334.428  Type of Hearing

  (4) Subchapter J: Registration of Corrective Action Specialists and 
Project Managers for Product Storage Tank Remediation Projects (Insofar 
    as it applies to individuals other than UST owners and operators)

Sec. 334.451  Applicability of Subchapter J
Sec. 334.452  Exemptions from Subchapter J
Sec. 334.453  General Requirements and Prohibitions
Sec. 334.454  Exception for Emergency Abatement Actions
Sec. 334.455  Notice to Owner or Operator
Sec. 334.456  Application for Certificate of Registration for Corrective 
Action Specialist
Sec. 334.457  Application for Certificate of Registration for Corrective 
Action Project Manager
Sec. 334.458  Review and Issuance of Certificates of Registration
Sec. 334.459  Continuing Education Requirements for Corrective Action 
Project Managers
Sec. 334.460  Renewal of Certificate of Registration for Corrective 
Action Specialist and Corrective Action Project Manager
Sec. 334.461  Denial of Certificate of Registration
Sec. 334.462  Other Requirements
Sec. 334.463  Grounds for Revocation or Suspension of Certificate of 
Registration
Sec. 334.465  Procedures for Revocation or Suspension of Certificate of 
Registration

Sec. 334.466  Reinstatement of a Certificate of Registration

    (2) Statement of legal authority. (i) ``Attorney General's Statement 
for Final Approval'', signed by the Attorney General of Texas on January 
11, 1994, though not incorporated by reference, is referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (ii) Letter from the Attorney General of Texas to EPA, January 11, 
1994, though not incorporated by reference, is referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application on April 28, 1994, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program Description. The program description and any other 
material submitted as part of the original application on April 28, 
1994, though not incorporated by reference, are referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 6 and the Texas Natural Resource Conservation Commission, signed 
by the EPA Regional Administrator on January 13, 1995, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.

[61 FR 1224, Jan. 18, 1996]



Sec. 282.94  Utah State-Administered Program.

    (a) The State of Utah is approved to administer and enforce an 
underground storage tank program in lieu of the federal program under 
Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the Utah Department of Environmental Quality, was approved by EPA 
pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA approved 
the Utah program on March 8, 1995 and it was effective on April 7, 1995.
    (b) Utah has primary responsibility for enforcing its underground 
storage tank program. However, EPA retains the authority to exercise its 
inspection and enforcement authorities under sections 9005 and 9006 of 
subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other 
statutory and regulatory provisions.
    (c) To retain program approval, Utah must revise its approved 
program to adopt new changes to the federal subtitle I program which 
make it more

[[Page 1082]]

stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 
40 CFR part 281, subpart E. If Utah obtains approval for the revised 
requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the 
newly approved statutory and regulatory provisions will be added to this 
subpart and notice of any change will be published in the Federal 
Register.
    (d) Utah has final approval for the following elements submitted to 
EPA in Utah's program application for final approval and approved by EPA 
on March 8, 1995. Copies may be obtained from the Underground Storage 
Tank Branch, Utah Department of Environmental Quality, 168 North 1950 
West, 1st Floor, Salt Lake City, Utah 84116.
    (1) State statutes and regulations. (i) The provisions cited in this 
paragraph are incorporated by reference as part of the underground 
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (A) Utah Statutory Requirements Applicable to the Underground 
Storage Tank Program, 1995.
    (B) Utah Regulatory Requirements Applicable to the Underground 
Storage Tank Program, 1995.
    (ii) The following statutes and regulations are part of the approved 
state program, although not incorporated by reference herein for 
enforcement purposes.
    (A) The statutory provisions include: Utah Code Unannotated (1994), 
Title 19, Chapter 6, Sections 19-6-112; 19-6-113; 19-6-115; 19-6-402(8), 
(11), and (23); 19-6-404(2)(f), (j), and (m); 19-6-405.5; 19-6-407(2) 
and (3); 19-6-410(3) as it pertains to penalties, (4)(b), and (5); 19-6-
416; 19-6-418; 19-6-420(2), (4)(a), (5)(b), and (9)(b); 19-6-424.5; 19-
6-425; 19-6-426(5) and (6); and 19-6-427.
    (B) The regulatory provisions include: Administrative Rules of the 
State of Utah, Utah Administrative Code (1993), Sections R311-208-1; 
R311-208-2; R311-208-3; R311-208-4; R311-208-5; and R311-208-6.
    (iii) The following statutory and regulatory provisions are broader 
in scope than the federal program, are not part of the approved program, 
and are not incorporated by reference herein for enforcement purposes.
    (A) The statutory provisions include: Utah Code Unannotated (1994), 
Title 19, Chapter 6, Sections 19-6-402 (3), (4), (9), (14), (15), (20), 
and (26); 19-6-403(1)(a) (i) and (iv); 19-6-404(2)(c); 19-6-405.5; 19-6-
408; 19-6-409; 19-6-410; 19-6-411; 19-6-412; 19-6-414; 19-6-415; 19-6-
416; 19-6-417; 19-6-419; 19-6-420 (1), (3)(a), (3)(b), (5)(c), and (6); 
19-6-421; 19-6-422; 19-6-423; 19-6-424; and 19-6-426 (1) through (4) and 
(7).
    (B) The regulatory provisions include: Administrative Rules of the 
State of Utah, Utah Administrative Code (1993), Sections R311-200-1 (2), 
(5), (8), (10), (13), (20), (29), (42) through (49), (53), and (54); 
R311-201-2; R311-201-1; R311-201-3; R311-201-4; R311-201-5; R311-201-6; 
R311-201-7; R311-201-8; R311-201-9; R311-201-10; R311-201-11; R311-203-
2; R311-206-2 (b) and (c); R311-206-4; R311-206-5 (b), (c), (d), and the 
words ``compliance or'' in (a); R311-206-6; R311-207-1; R311-207-2; 
R311-207-3; R311-207-4; R311-207-5; R311-207-6; R311-207-7; R311-207-8; 
R311-207-9; R311-209-1; R311-209-2; R311-209-3; and R311-209-4.
    (2) Statement of legal authority. (i) ``Attorney General's Statement 
for Final Approval'', signed by the Attorney General of Utah on April 
18, 1994, though not incorporated by reference, is referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (ii) Letter from the Attorney General of Utah to EPA, April 18, 
1994, though not incorporated by reference, is referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the complete application in September 1993, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program Description. The program description and any other 
material submitted as part of the original application in September 
1993, though not incorporated by reference, are referenced as part of 
the approved underground storage tank program under

[[Page 1083]]

Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region VIII and the Utah Department of Environmental Quality, signed by 
the EPA Regional Administrator on March 1, 1995, though not incorporated 
by reference, is referenced as part of the approved underground storage 
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[60 FR 52344, Oct. 6, 1995]



Sec. 282.95  Vermont State-Administered Program.

    (a) The State of Vermont is approved to administer and enforce an 
underground storage tank program in lieu of the federal program under 
Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the Vermont Department of Environmental Conservation, was approved by 
EPA pursuant to 42 U.S.C. 6991c and 40 CFR part 281. EPA approved the 
Vermont program on January 3, 1992, and the approval was effective on 
February 3, 1992.
    (b) Vermont has primary responsibility for enforcing its underground 
storage tank program. However, EPA retains the authority to exercise its 
inspection and enforcement authorities under Sections 9005 and 9006 of 
Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other 
statutory and regulatory provisions.
    (c) To retain program approval, Vermont must revise its approved 
program to adopt new changes to the federal Subtitle I program which 
make it more stringent, in accordance with Section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Vermont obtains 
approval for the revised requirements pursuant to Section 9004 of RCRA, 
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions 
will be added to this Subpart and notice of any change will be published 
in the Federal Register.
    (d) Vermont has final approval for the following elements submitted 
to EPA in Vermont's program application for final approval and approved 
by EPA on January 3, 1992. Copies may be obtained from the Underground 
Storage Tank Program, Vermont Department of Environmental Conservation, 
103 South Main Street, West Building, Waterbury, VT 05671-0404. The 
elements are listed below:
    (1) State statutes and regulations. (i) The provisions cited in this 
paragraph are incorporated by reference as part of the underground 
storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (A) Vermont Statutory Requirements Applicable to the Underground 
Storage Tank Program, 1995.
    (B) Vermont Regulatory Requirements Applicable to the Underground 
Storage Tank Program, 1995.
    (ii) The following statutes and regulations are part of the approved 
state program, although not incorporated by reference herein for 
enforcement purposes.
    (A) The statutory provisions include: Title 10 Vermont Statutes 
Annotated, Chapter 59, Sections 1931 through 1935.
    (B) The regulatory provisions include: Vermont Environmental 
Protection Rules, Chapter 8, Sections 104 through 106.
    (iii) The following statutory and regulatory provisions are broader 
in scope than the federal program, are not part of the approved program, 
and are not incorporated by reference herein for enforcement purposes.
    (A) Title 10 Vermont Statutes Annotated, Chapter 59, Section 1929, 
insofar as it refers to registration requirements for tanks greater than 
1,100 gallons containing heating oil consumed on the premises where 
stored.
    (B) Vermont Environmental Protection Rules, Chapter 8, Section 301, 
registration requirements, and Section 605(2), permanent closure 
requirements, insofar as they refer to tanks greater than 1,100 gallons 
containing heating oil consumed on the premises where stored.
    (2) Statement of legal authority. (i) ``Attorney General's Statement 
for Final Approval,'' signed by the Attorney General of Vermont on April 
11, 1991, though not incorporated by reference, is referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.

[[Page 1084]]

    (ii) Letter from the Attorney General of Vermont to EPA, April 11, 
1991, though not incorporated by reference, is referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application in May 1991, though not incorporated by 
reference, is referenced as part of the approved underground storage 
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (4) Program Description. The program description and any other 
material submitted as part of the original application in May 1991, 
though not incorporated by reference, are referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. On March 2, 1992, EPA and the Vermont 
Department of Environmental Conservation signed the Memorandum of 
Agreement. Though not incorporated by reference, the Memorandum of 
Agreement is referenced as part of the approved underground storage tank 
program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[60 FR 47301, Sept. 12, 1995]
Secs. 282.96--282.105  [Reserved]

Appendix A to Part 282--State Requirements Incorporated by Reference in 
               Part 282 of the Code of Federal Regulations

    The following is an informational listing of the state requirements 
incorporated by reference in part 282 of the Code of Federal 
Regulations:

                                Arkansas

    (a) The statutory provisions include:
1. Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 8--Regulated 
          Substance Storage Tanks:
    Section 8-7-801  Definitions and exceptions
    Section 8-7-803  Regulations generally
    Section 8-7-804  Procedures of department generally
    Section 8-7-807  Responsibility and liability of owner
    Section 8-7-808  Regulated Substance Storage Tank Program Fund
    Section 8-7-810  Insurance pools
    Section 8-7-811  Trade secrets
    Section 8-7-812  Subchapter controlling over other laws
    Section 8-7-813  Registration
2. Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 9--Petroleum 
          Storage Tank Trust Fund Act:
    Section 8-7-901  Title
    Section 8-7-902  Definitions
    Section 8-7-903  Rules and Regulations--Powers of department [Except 
(c), which addresses aboveground storage tanks.]
    Section 8-7-904  Advisory committee
    Section 8-7-905  Petroleum Storage Tank Trust Fund
    Section 8-7-906  Petroleum environmental assurance fee
    Section 8-7-907  Payments for corrective action
    Section 8-7-908  Third-party claims
    Section 8-7-909  Confidential treatment of information

    (b) The regulatory provisions include:

1. Arkansas Department of Pollution Control and Ecology Regulation 
          Number 12--Storage Tank Regulation:
a. Chapter 1: General Provisions
    Section 1: Purpose
    Section 2: Authority
    Section 3: Short Title
b. Chapter 2: Regulations Promulgated Under Acts 172 and 173 of 1989 and 
          Act 65 of the Third Extraordinary Session of 1989 for 
          Administration of the State Regulated Storage Tank Program
    Section 1: Incorporation of Federal Regulations
    Section 2: Arkansas Petroleum Storage Tank Trust Fund Act
    Section 3: Definitions
c. Chapter 3: Fees
    Section 1: Underground and Aboveground Storage Tank Registration 
Fees [Except insofar as it applies to aboveground storage tanks.]
    Section 2: Underground Storage Tank Licensing Fees
    Section 3: Late Payment Penalties
    Section 4: Refusal or Failure to Pay Fees
d. Chapter 4: Petroleum Storage Tank Trust Fund Release Reimbursement
    Section 1: Purpose
    Section 2: Amount of Reimbursement
    Section 3: Initial Fund Eligibility
    Section 4: Loss and Restoration of Initial Fund Eligibility
    Section 5: Corrective Action Reimbursement Procedure
    Section 6: Reimbursement Application Review
    Section 7: Allowable Costs
    Section 8: Reasonable Costs
    Section 9: Audits
    Section 10: Deductible
    Section 11: Third Party Claim Reimbursement Procedure

[[Page 1085]]

    Section 12: Compliance
    Section 13: Fund Availability
    Section 14: Cost Recovery
e. Chapter 7: Confidentiality
    Section 1: Confidentiality Requests
    Section 2: Responsibility
    Section 3: Submission Procedure
    Section 4: Requirements for Protection
    Section 5: Acceptability of Information
    Section 6: Security
f. Chapter 9: Severability
g. Chapter 10: Effective Date

                                 Georgia

    (a) The statutory provisions include the Georgia Underground Storage 
Tank Act (GUSTA) (O.C.G.A. Section 12-13-1, et seq.):

    Section 12-13-2--Public policy.
    Section 12-13-3--Definitions.
    Section 12-13-4--Exceptions to chapter.
    Section 12-13-5--Rules and regulations; enforcement powers.
    Section 12-13-6--Powers and duties of director.
    Section 12-13-7--Performance standards applicable until rules and 
regulations effective.
    Section 12-13-8--Investigations.
    Section 12-13-9--Establishing financial responsibility; claims 
against guarantor; Underground storage Trust Fund.
    Section 12-13-10--Environmental assurance fees.
    Section 12-13-11--Corrective action for release of petroleum product 
into environment.
    Section 12-13-12--Recovery in event of discharge or threat of 
discharge of regulated substance.
    Section 12-13-13--Notice by owner of underground storage tank.
    Section 12-13-14--Corrective action for violations of chapter, 
rules, etc., and for release of regulated substance into environment.
    Section 12-13-15--Injunctions and restraining orders.
    Section 12-13-16--Hearings and review.
    Section 12-13-17--Judgement by superior court.
    Section 12-13-18--Required compliance with chapter; proof that 
petroleum subjected to environmental fee.
    Section 12-13-19--Violations; imposition of penalties.
    Section 12-13-20--Action in emergencies.
    Section 12-13-21--Public access to records.
    Section 12-13-22--Representation by Attorney General.

    (b) The regulatory provisions include the Rules of Georgia 
Department of Natural Resources, Environmental Protection Division, 
Underground Storage Tank Management:

    Section 391-3-15-.01--General provisions. Amended.
    Section 391-3-15-.02--Definitions, UST Exclusions, and UST 
Deferrals. Amended.
    Section 391-3-15-.03--Confidentiality of Information. Amended.
    Section 391-3-15-.04--Interim Prohibition for Deferred UST Systems. 
Amended.
    Section 391-3-15-.05--UST Systems: Design, Construction, 
Installation and Notification. Amended.
    Section 391-3-15-.06--General Operating Requirements. Amended.
    Section 391-3-15-.07--Release Detection. Amended.
    Section 391-3-15-.08--Release Reporting, Investigation, and 
Confirmation. Amended.
    Section 391-3-15-.09--Release Response and Corrective Action for UST 
Systems Containing Petroleum. Amended.
    Section 391-3-15-.10--Release Response and Corrective Action for UST 
Systems Containing Hazardous Substances. Amended.
    Section 391-3-15-.11--Out-of-Service UST Systems and Closure. 
Amended.
    Section 391-3-15-.12--UST Systems Containing Petroleum; Financial 
Responsibility Requirements. Amended.
    Section 391-3-15-.13--Georgia Underground Storage Tank (GUST) Trust 
Fund. Amended.
    Section 391-3-15-.14--Enforcement.
    Section 391-3-15-.15--Variances.

                                  Iowa

    (a) The statutory provisions include Code of Iowa, 1993; Chapter 
455B, Jurisdiction of Department:

    Section 101--Definitions
    Section 103--Director's duties, except for 455B.103(4)
    Section 105--Powers and duties of the commission, except for 105(5), 
105(11)a(3) and 105(11)b
    Section 471--Definitions
    Section 472--Declaration of policy
    Section 473--Report of existing and new tanks--fee
    Section 473A--Petroleum underground storage tank registration 
amnesty program
    Section 474--Duties of Commission--rules
    Section 479--Storage tank management fee, except for the 2nd and 3rd 
sentences

    (b) The regulatory provisions include Iowa Administrative Code, 
1993, Rule 567, Environmental Protection Commission:

    Chapter 131.1--Definitions
    Chapter 131.2--Report of Hazardous Conditions
    Chapter 133.1--Scope
    Chapter 133.2--Definitions
    Chapter 133.3--Documentation of contamination and source
    Chapter 133.4--Response to contamination
    Chapter 133.5--Report to commission

[[Page 1086]]

    Chapter 135.1--Authority, purpose and applicability
    Chapter 135.2--Definitions
    Chapter 135.3--UST systems--design, construction, installation, and 
notification, except for 135.3(4)a, 3(4)b and 3(4)c
    Chapter 135.4--General operating requirements
    Chapter 135.5--Release detection
    Chapter 135.6--Release reporting, investigation, and confirmation
    Chapter 135.7--Release response and corrective action for UST 
systems containing petroleum or hazardous substances
    Chapter 135.8--Site cleanup report
    Chapter 135.9--Out-of-service UST systems and closure
    Chapter 135.10--Laboratory analytical methods for petroleum 
contamination of soil and groundwater
    Chapter 135.11--Evaluation of ability to pay
    Chapter 136.1--Applicability
    Chapter 136.2--Compliance dates
    Chapter 136.3--Definition of terms
    Chapter 136.4--Amount and scope of required financial responsibility
    Chapter 136.5--Allowable mechanisms and combinations of mechanisms
    Chapter 136.6--Financial test of self-insurance
    Chapter 136.7--Guarantee
    Chapter 136.8--Insurance and risk retention group coverage
    Chapter 136.9--Surety bond
    Chapter 136.10--Letter of credit
    Chapter 136.11--Trust fund
    Chapter 136.12--Standby trust fund
    Chapter 136.13--Local government bond rating test
    Chapter 136.14--Local government financial test
    Chapter 136.15--Local government guarantee
    Chapter 136.16--Local government fund
    Chapter 136.17--Substitution of financial assurance mechanisms by 
owner or operator
    Chapter 136.18--Cancellation or nonrenewal by a provider of 
financial assurance
    Chapter 136.19--Reporting by owner or operator
    Chapter 136.20--Record keeping
    Chapter 136.21--Drawing on financial assurance mechanisms
    Chapter 136.22--Release from the requirements
    Chapter 136.23--Bankruptcy or other incapacity of owner or operator 
or provider of financial assurance
    Chapter 136.24--Replenishment of guarantees, letters of credit, or 
surety bonds.

                                 Kansas

    (a) The statutory provisions include Kansas Statutes Annotated, 
1992; Chapter 65, Public Health; Article 34, Kansas Storage Tank Act:

    Section 100  Statement of legislative findings
    Section 101  Citation of Act
    Section 102  Definitions
    Section 103  Exceptions to application of Act
    Section 104  Notification
    Section 105  Rules and regulations, except for 65-34, 105 (a)(2), 
(a)(8), (a)(11), (a)(12) and the following words in (a)(13), ``and 
aboveground storage tanks in existence on July 1, 1992'' and ``and 
aboveground storage tanks placed in service prior to July 1, 1992''
    Section 106  Permits to construct, install, modify, or operate 
storage tank, except for the following words in 65-34, 106(a), ``and any 
aboveground storage tank registered with the department on July 1, 
1992''
    Section 107  Evidence of financial responsibility required; 
limitation of liability
    Section 115  Liability for costs of corrective action
    Section 118  Corrective action; duties of owners and operators; 
duties of Secretary; consent agreement; contents, except for the 
following words in 65-34, 118(b), ``or from the aboveground fund if the 
release was from an aboveground petroleum storage tank.'' and ``or from 
the aboveground fund, if the release was from an aboveground petroleum 
storage tank.''

    (b) The regulatory provisions include Kansas Administrative 
Regulations, 1992; Chapter 28, Department of Health and Environment; 
Article 44, Petroleum Products Storage Tanks:

    Section 12  General provisions
    Section 13  Program scope and interim prohibition
    Section 14  Definitions
    Section 15  Application for installation or modification of an 
underground storage tank
    Section 16  Underground storage tank systems: design, construction, 
installation and notification
    Section 17  Underground storage tank operating permit
    Section 19  General operating requirements
    Section 23  Release detection, except for 28-44-23(b)(5)
    Section 24  Release reporting, investigation, and confirmation
    Section 25  Release response and corrective action for underground 
storage tank systems containing petroleum or hazardous substances
    Section 26  Out-of-service underground storage tank systems and 
closure
    Section 27  Financial responsibility


[[Page 1087]]



                                Louisiana

    (a) The statutory provisions include:

1. Louisiana Environmental Quality Act, Louisiana Revised Statutes Title 
          30
    Section 2194  Underground Storage Tanks; Registration
    Section 2195  Underground Storage Tank Trust Fund
    Section 2195.1  Underground Motor Fuel Storage Tank Remediation 
Agreements
    Section 2195.2  Uses of the Trust
    Section 2195.3  Source of Funding; Limitations on Disbursements from 
the Trust; Limit on Amount in Trust
    Section 2195.4  Procedures for Disbursements from the Fund Trust
    Section 2195.5  Audits
    Section 2195.6  Ownership of Trust
    Section 2195.7  No Inference of Liability on the Part of the State
    Section 2195.8  Advisory Board
    Section 2195.9  Financial Responsibility
    Section 2195.10  Voluntary Cleanup, Private Contracts; Exemptions

    (b) The regulatory provisions include:

1. Louisiana Environmental Regulatory Code, Part XI: Underground Storage 
          Tanks, Chapter 1--Program Applicability and Definitions
    Section 101  Applicability
    Section 103  Definitions
2. Chapter 3--Registration Requirements, Standards, and Fee Schedule
    Section 301  Registration Requirements
    Section 303  Standards for UST Systems
    Section 305  Interim Prohibitions for Deferred UST Systems
    Section 307  Fee Schedule
3. Chapter 5--General Operating Requirements
    Section 501  Spill and Overfill Control
    Section 503  Operation and Maintenance of Corrosion Protection
    Section 505  Compatibility
    Section 507  Repairs Allowed
    Section 509  Reporting and Recordkeeping
4. Chapter 7--Methods of Release Detection and Release Reporting, 
          Investigation, Confirmation, and Response
    Section 701  Methods of Release Detection
    Section 703  Requirements for Use of Release Detection Methods
    Section 705  Release Detection Recordkeeping
    Section 707  Reporting of Suspected Releases
    Section 709  Investigation due to Off-site Impacts
    Section 711  Release Investigation and Confirmation Steps
    Section 713  Reporting and Cleanup of Spills and Overfills
    Section 715  Release Response and Corrective Action for UST Systems 
Containing Petroleum or Hazardous Substances
5. Chapter 9--Out-of-Service UST Systems and Closure
    Section 901  Applicability to Previously Closed UST Systems
    Section 903  Temporary Closure
    Section 905  Permanent Closure and Changes-in-Service
    Section 907  Assessing the Site at Closure or Changes-in-Service
6. Chapter 11--Financial Responsibility
    Section 1101  Applicability
    Section 1103  Compliance Dates
    Section 1105  Definition of Terms
    Section 1107  Amount and Scope of Required Financial Responsibility
    Section 1109  Allowable Mechanisms and Combinations of Mechanisms
    Section 1111  Financial Test of Self-Insurance
    Section 1113  Guarantee
    Section 1115  Insurance and Risk Retention Group Coverage
    Section 1117  Surety Bond
    Section 1119  Letter of Credit
    Section 1121  Use of the Underground Motor Fuel Storage Tank Trust
    Section 1123  Trust Fund
    Section 1125  Standby Trust Fund
    Section 1127  Substitution of Financial Assurance Mechanisms by 
Owner or Operator
    Section 1129  Cancellation or Nonrenewal by a Provider of Financial 
Assurance
    Section 1131  Reporting by Owner or Operator
    Section 1133  Recordkeeping
    Section 1135  Drawing on Financial Assurance Mechanisms
    Section 1137  Release from the Requirements
    Section 1139  Bankruptcy or Other Incapacity of Owner or Operator or 
Provider of Financial Assurance
    Section 1141  Replenishment of Guarantees, Letters of Credit, or 
Surety Bonds

                                  Maine

    The following is an informational listing of the state requirements 
incorporated by reference in part 282 of the Code of Federal 
Regulations:
    (a) The statutory provisions include: Maine Revised Statutes 
Annotated, 1990, Tile 38. Subchapter 11-B Underground Oil Storage 
Facilities and Groundwater Protection.

    Section 561--Findings; Purpose
    Section 562-A--Definitions
    Section 563--Registration of underground oil storage tanks
    Section 563-A--Prohibition of nonconforming underground oil storage 
facilities and tanks
    Section 563-B--Regulatory powers of department
    Section 564--Regulation of underground oil storage facilities
    Section 566-A--Abandonment of underground oil storage facilities and 
tanks

[[Page 1088]]

    Section 567--Certification of underground tank installers
    Section 568--Cleanup and removal of prohibited discharges
    Section 568-A--Fund coverage requirements
    Section 568-B--Fund Insurance Review Board
    Section 569-A--Ground water Oil Clean-up Fund
    Section 570--Liability

    (b) The regulatory provisions include State of Maine, Department of 
Environmental Protection, Regulation for Registration, Installation, 
Operation and Closure of Underground Storage Facilities Chapter 691, 
September 16, 1991:

    Section 1. Legal Authority
    Section 2. Preamble
    Section 3. Definitions
    Section 4. Registration of Underground Oil Storage Tanks
    Section 5. Regulation of Motor Fuel, Marketing & Distribution 
Facilities
A. Applicability
B. Design and Installation Standards for New and Replacement Facilities
C. Retrofitting Requirements for Existing Facilities
D. Monitoring, Maintenance, & Operating Procedures for Existing, New & 
Replacement Facilities & Tanks
E. Facility Closure and Abandonment
    Section 7. Regulation of Facilities for the Underground Storage of 
Waste Oil
A. Applicability
B. Design and Installation Standards
C. Operation, Maintenance, Testing, Requirements for Existing, New and 
Replacement Facilities
D. Closure & Abandonment of Waste Oil Facilities
    Section 8. Regulation of Field Constructed Underground Oil Storage 
Tanks
    Section 10. Regulation of Pressurized Airport Hydrant Piping Systems
    Section 11. Regulations for Closure of Underground Oil Storage 
Facilities
A. Facility Closure Requirements
B. Temporarily Out of Service Facilities and Tanks
C. Abandonment by Removal
D. Abandonment by Filling in Place
E. Notification Requirements
    Section 12. Discharge and Leak Investigation, Response and 
Corrective Action Requirements
    Section 13. Severability
    Appendix A: Cathodic Protection Monitoring
    Appendix B: Hydrostatic Piping Line Tightness Tests
    Appendix C: Requirements for Pneumatic Testing
    Appendix D: Installation of Underground Tanks
    Appendix E: Installation for Underground Piping
    Appendix F: Specification for Ground Water Vertical Monitoring Wells
    Appendix H: Monitoring and Obtaining Samples for Laboratory Analysis
    Appendix J: Requirements for Abandonment by Removal
    Appendix K: Requirements for Abandonment in Place

                              New Hampshire

    (a) The statutory provisions include New Hampshire Revised Statutes 
Annotated 1955, 1990 Replacement Edition, and 1992 Cumulative 
Supplement, Chapter 146-C, Underground Storage Facilities:

    Section 146-C:1  Definitions, except for the following words in 146-
C:1. XII, ``heating or.''
    Section 146-C:2  Discharges Prohibited.
    Section 146-C:3  Registration of Underground Storage Facilities.
    Section 146-C:4  Underground Storage Facility Permit Required.
    Section 146-C:5  Records Required; Inspections.
    Section 146-C:6  Transfer of Ownership.
    Section 146-C:6-a  Exemption.
    Section 146-C:7  New Facilities.
    Section 146-C:8  Prohibition Against Reusing Tanks.
    Section 146-C:9  Rulemaking.
    Section 146-C:11  Liability for Cleanup Costs; Municipal 
Regulations.
    Section 146-C:12  Federal Assistance and Private Funds.

    (b) The regulatory provisions include:
    (1) New Hampshire Code of Administrative Rules (November 1990) Part 
Env-Ws 411, Control of Underground Storage Facilities:

    Section 411.01  Purpose, except for the following words, ``heating 
oils.''
    Section 411.02  Applicability, except for 411.02(d).
    Section 411.03  Definitions.
    Section 411.04  Registration.
    Section 411.05  Change in Use.
    Section 411.06  Information Required for Registration.
    Section 411.07  Permit to Operate.
    Section 411.08  Transfer of Facility Ownership.
    Section 411.10  Financial Responsibility.
    Section 411.11  Inventory Monitoring.
    Section 411.12  Regulated Substance Transfers.
    Section 411.13  Tightness Testing.
    Section 411.14  Certification of Technicians Performing Tightness 
Tests.
    Section 411.15  Tightness Test Failures.
    Section 411.16  Unusual Operating Conditions.
    Section 411.17  Temporary Closure.
    Section 411.18  Permanent Closure.

[[Page 1089]]

    Section 411.19  Prohibition Against Reusing Tanks.
    Section 411.20  Requirements for Approval of Underground Storage 
Systems.
    Section 411.21  Tank Standards for New Underground Storage Systems.
    Section 411.22  Piping Standards for New Underground Storage 
Systems.
    Section 411.23  Secondary Containment for New Tanks.
    Section 411.24  Secondary Containment for New Pressurized Piping.
    Section 411.25  Spill Containment and Overfill Protection.
    Section 411.26  Leak Monitoring for New Tanks.
    Section 411.27  Leak Monitoring for New Underground Piping Systems.
    Section 411.28  Installation of New Underground Storage Systems.
    Section 411.29  Release Detection for Tanks Without Secondary 
Containment and Leak Monitoring, except for the following words in 
411.29(a), ``With the exception of on premise use heating oil systems.''
    Section 411.30  Release Detection for Piping.
    Section 411.31  Operation of Leak Monitoring Equipment.
    Section 411.32  Corrosion Protection for Steel Tanks.
    Section 411.33  Corrosion Protection for Piping.
    Section 411.34  Submission of Corrosion Protection Plan.
    Section 411.35  Relining Steel Tanks.
    Section 411.36  Repair of Fiberglass-Reinforced Plastic Tanks.
    Section 411.37  Repair and Replacement of Piping Systems.
    Section 411.38  Field Fabricated Tanks.
    Section 411.39  Secondary Containment for Hazardous Substance 
Systems.
    Section 411.40  Waivers.

    (2) New Hampshire Code of Administrative Rules (November 1990) Part 
Env-Ws 412, Reporting and Remediation of Oil Discharges:

    Section 412.01  Purpose.
    Section 412.02  Applicability.
    Section 412.03  Definitions.
    Section 412.04  Notification.
    Section 412.05  Initial Response Action.
    Section 412.06  Abatement Measures.
    Section 412.07  Free Product Removal.
    Section 412.08  Initial Site Characterization.
    Section 412.09  Investigation Due to Discovery of Discharges from 
Unknown Sources.
    Section 412.10  Site Investigation.
    Section 412.11  Site Investigation Report.
    Section 412.12  Remedial Action Plan.
    Section 412.13  Public Notification.
    Section 412.14  Waivers.

                               New Mexico

    (a) The statutory provisions include:

1. New Mexico Statutes 1978 Annotated, Chapter 74, Environmental 
          Improvement (1993 Replacement Pamphlet and 1994 Supplement)
a. Article 4: Hazardous Wastes
    74-4-1  Short Title
    74-4-2  Purpose
    74-4-3  Definitions
    74-4-3.1  Application of Act
    74-4-3.3  Hazardous Wastes of Other States
    74-4-4  Duties and Powers of the Board
    74-4-4.1  Hazardous Agricultural Waste; Duties and Responsibilities 
of the Department of Agriculture
    74-4-4.4  Underground Storage Tanks; Registration; Installer 
Certification; Fees [Except insofar as it applies to individuals other 
than UST owners and operators.]
    74-4-4.5  Hazardous Waste Fund Created; Appropriation
    74-4-4.7  Permit Applicant Disclosure
    74-4-4.8  Underground Storage Tank Fund Created; Appropriation
    74-4-5  Adoption of Regulations; Notice and Hearing
    74-4-7  Containment and Cleanup of Hazardous Substance Incidents; 
Division Powers
    74-4-8  Emergency Fund
    74-4-9  Existing Hazardous Waste Facilities; Interim Status
    74-4-10.1  Hazardous Waste Monitoring; Analysis and Testing
b. Article 6: Water Quality
    74-6-1  Short Title
    74-6-2  Definitions
    74-6-3  Water Quality Control Commission Created
    74-6-3.1  Legal Advice
    74-6-4  Duties and Powers of Commission
    74-6-5  Permits; Certification; Appeals to Commission
    74-6-5.1  Disclosure Statements
    74-6-5.2  Water Quality Management Fund Created
    74-6-6  Adoption of Regulations and Standards; Notice and Hearing
    74-6-8  Duties of Constituent Agencies
    74-6-9  Powers of Constituent Agencies
    74-6-12  Limitations
    74-6-13  Construction
    74-6-14  Recompiled
    74-6-15  Confidential Information; Penalties
    74-6-16  Effect and Enforcement of Water Quality Act During 
Transition
    74-6-17  Termination of Agency Life; Delayed Repeal
c. Article 6B: Ground Water Protection
    74-6B-1  Short Title
    74-6B-2  Findings; Purpose of Act
    74-6B-3  Definitions

[[Page 1090]]

    74-6B-4  Underground Storage Tank Committee; Creation; Terms; Powers 
and Duties
    74-6B-6  Civil Liability for Damage to Property from Leaking 
Underground Storage Tank
    74-6B-7  Corrective Action Fund Created; Authorization for 
Expenditures
    74-6B-8  Liability; Cost Recovery
    74-6B-9  Underground Storage Tank Fee; Deposit in Underground 
Storage Tank Fund
    74-6B-10  Act Does not Create Insurance Company or Fund
    74-6B-12  Early Response Team Created
    74-6B-13  Payment Program
    74-6B-14  State Liability; Insufficient Balance in the Fund

    (b) The regulatory provisions include:

1. State of New Mexico Environmental Improvement Board Underground 
          Storage Tank Regulations
a. Part I: General Provisions
    Section 100  Purpose
    Section 101  Legal Authority
    Section 102  Definitions
    Section 103  Applicability
b. Part II: Registration of Tanks
    Section 200  Existing Tanks
    Section 201  Transfer of Ownership
    Section 202  New UST System
    Section 203  Substantially Modified UST Systems
    Section 204  Notification of Spill or Release
    Section 205  Emergency Repairs and Tank Replacement
    Section 206  Application Forms
    Section 207  Registration Certificate
c. Part III: Annual Fee
    Section 300  Payment of Fee
    Section 301  Amount of Fee
    Section 302  Late Payment Penalties
d. Part IV: New and Upgraded UST Systems: Design, Construction, and 
          Installation
    Section 400  Performance Standards for New UST Systems
    Section 401  Upgrading of Existing UST Systems
    Section 402  Certificate of Compliance; Notification Requirements
e. Part V: General Operating Requirements
    Section 500  Spill and Overfill Control
    Section 501  Operation and Maintenance of Corrosion Protection
    Section 502  Compatibility
    Section 503  Repairs Allowed
    Section 504  Reporting and Recordkeeping
    Section 505  Inspections, Monitoring and Testing
f. Part VI: Release Detection
    Section 600  General Requirements for All UST Systems
    Section 601  Requirements for Petroleum UST Systems
    Section 602  Requirements for Hazardous Substance UST Systems
    Section 603  Methods of Release Detection for Tanks
    Section 604  Methods of Release Detection for Piping
    Section 605  Release Detection Recordkeeping
g. Part VII: Release Reporting, Investigation, and Confirmation
    Section 700  Reporting of Suspected Releases
    Section 701  Investigation Due to Off-Site Impacts
    Section 702  Release Investigation and Confirmation Steps
    Section 703  Reporting and Cleanup of Spills and Overfills
h. Part VIII: Out-of-Service Systems and Closure
    Section 800  Temporary Closure
    Section 801  Permanent Closure and Changes-in-Service
    Section 802  Assessing the Site at Closure or Change-in-Service
    Section 803  Applicability to Previously Closed UST Systems
    Section 804  Closure Records
i. Part IX: Financial Responsibility
    Section 900  Applicability
    Section 901  Compliance Dates
    Section 902  Definition of Terms
    Section 903  Amount and Scope of Required Financial Responsibility
    Section 904  Allowable Mechanisms and Combinations of Mechanisms
    Section 905  Financial Test of Self-Insurance
    Section 906  Guarantee
    Section 907  Insurance and Risk Retention Group Coverage
    Section 908  Surety Bond
    Section 909  Letter of Credit
    Section 910  Use of State-Required Mechanism
    Section 911  State Fund or Other State Assurance
    Section 912  Trust Fund
    Section 913  Standby Trust Fund
    Section 914  Substitution of Financial Assurance Mechanisms by Owner 
or Operator
    Section 915  Cancellation or Nonrenewal by a Provider of Financial 
Assurance
    Section 916  Reporting by Owner or Operator
    Section 917  Recordkeeping
    Section 918  Drawing on Financial Assurance Mechanisms
    Section 919  Release from the Requirements
    Section 920  Bankruptcy or Other Incapacity of Owner or Operator or 
Provider of Financial Assurance
    Section 921  Replenishment of Guarantees, Letters of Credit, or 
Surety Bonds
    Section 922  Suspension of Enforcement [reserved]
j. Part XI: Miscellaneous

[[Page 1091]]

    Section 1100  Compliance with Other Regulations
    Section 1101  Construction
    Section 1102  Severability
k. Part XII: Corrective Action for UST Systems Containing Petroleum
    Section 1200  General
    Section 1201  Definitions
    Section 1202  Initial Response
    Section 1203  Initial Abatement
    Section 1204  72 Hour and 7 Day Reporting Requirements
    Section 1205  On-Site Investigation
    Section 1206  Report on the On-Site Investigation
    Section 1207  Split Samples and Sampling Procedures
    Section 1208  Free Product Removal
    Section 1209  Treatment of Highly Contaminated Soils
    Section 1210  Hydrogeologic Investigation
    Section 1211  Review and Approval of Hydrogeologic Investigation
    Section 1212  Reclamation Proposal
    Section 1213  Public Notice of Reclamation Proposal
    Section 1214  Review and Approval of Reclamation Proposal
    Section 1215  Implementation of Reclamation Proposal
    Section 1216  Quarterly Reports
    Section 1217  Evaluation of Corrective Action System
    Section 1218  Modification of Reclamation Proposal
    Section 1219  Termination of Reclamation
    Section 1220  Technical Infeasibility for Completion of Reclamation
    Section 1221  Request for Extension of Time
    Section 1222  Request for Variance
l. Part XIII: Corrective Action for UST Systems Containing Other 
          Regulated Substances
    Section 1300  General
    Section 1301  Definitions
    Section 1302  Initial Response
    Section 1303  Initial Abatement
    Section 1304  72 Hour and 7 Day Reporting Requirements
    Section 1305  On-Site Investigation
    Section 1306  Report on the On-Site Investigation
    Section 1307  Split Samples and Sampling Procedures
    Section 1308  Hydrogeologic Investigation
    Section 1309  Review and Approval of Hydrogeologic Investigation
    Section 1310  Reclamation Proposal
    Section 1311  Public Notice of Reclamation Proposal
    Section 1312  Review and Approval of Reclamation Proposal
    Section 1313  Implementation of Reclamation Proposal
    Section 1314  Quarterly Reports
    Section 1315  Evaluation of Corrective Action System
    Section 1316  Modification of Reclamation Proposal
    Section 1317  Termination of Reclamation
    Section 1318  Additional Water Quality Standards
    Section 1319  Request for Extension of Time
    Section 1320  Request for Variance
m. Part XV: Ground Water Protection Act Regulations
    Section 1500  Purpose
    Section 1501  Legal Authority
    Section 1502  Definitions
    Section 1503  Construction
    Section 1504  Permissible Fund Expenditures
    Section 1505  Priorities for Fund Expenditures
    Section 1506  Site-Specific Allocation of Fund Monies
    Section 1507  Reserved and Dedicated Fund Monies
    Section 1508  Minimum Site Assessment
2. Corrective Action Fund Payment and Reimbursement Regulations
a. Part I: General Provisions
    Section 101  Authority
    Section 102  Purpose
    Section 103  Applicability
    Section 104  Definitions
b. Part II: Compliance Determinations
    Section 201  General
    Section 202  Determination of Compliance under Section 74-6B-8
    Section 203  Compliance Determination Following Written Submission
c. Part III: Eligible and Ineligible Costs
    Section 301  Minimum Site Assessment
    Section 302  Corrective Action
d. Part IV: Application, Payment, and Reimbursement
    Section 401  Application, Payment, and Reimbursement Process
e. Part V: Administrative Review
    Section 501  Review by the Director on Written Submittal
    Section 502  Request for Hearing on Determinations of Compliance and 
Cost Eligibility
    Section 503  Notice of Docketing and Hearing Officer Assignment; 
Motions; Prehearing Procedures and Discovery; Hearing and Post-Hearing 
Procedures
f. Part VI: Miscellaneous Provisions
    Section 601  Liberal Construction
    Section 602  Severability
    Section 603  Compliance

                              North Dakota

    (a) The statutory provisions include: North Dakota Century Code 
(NDCC), Chapter 23-20.3, Hazardous Waste Management Act:

    Section 23-20.3-01  Declaration of Purpose.
    Section 23-20.3-02  Definitions.

[[Page 1092]]

    Section 23-20.3-03  Powers and Duties of the Department.
    Section 23-20.3-04  Hazardous Waste Regulations.
    Section 23-20.3-04.1  Underground Storage Tank Regulations.
    Section 23-20.3-05  Permits.
    Section 23-20.3-05.1  Fees--Deposit in Operating Fund.
    Section 23-20.3-05.2  Commercial Facility Permits and Ordinances.
    Section 23-20.3-08  Imminent Hazard.
    Section 23-20.3-10  Applicability.

    (b) The regulatory provisions include: North Dakota Administrative 
Code (NDAC), Chapter 33-24-08, Technical Standards and Corrective Action 
Requirements for Owners and Operators of Underground Storage Tanks, 
Amended April 1992:

    Section 33-24-08-01  Applicability.
    Section 33-24-08-02  Interim Prohibition for Deferred Underground 
Storage Tank Systems.
    Section 33-24-08-03  Definitions (Technical Standards and Corrective 
Action).
    Section 33-24-08-10  Performance Standards for New Underground 
Storage Tank Systems.
    Section 33-24-08-11  Upgrading of Existing Underground Storage Tank 
Systems.
    Section 33-24-08-12  Notification Requirements.
    Section 33-24-08-20  Spill and Overfill Control.
    Section 33-24-08-21  Operation and Maintenance of Corrosion 
Protection.
    Section 33-24-08-22  Compatibility.
    Section 33-24-08-23  Repairs Allowed.
    Section 33-24-08-24  Reporting and Recordkeeping.
    Section 33-24-08-30  General Release Detection Requirements for All 
Underground Storage Tank Systems.
    Section 33-24-08-31  Release Detection Requirements for Petroleum 
Underground Storage Tank Systems.
    Section 33-24-08-32  Release Detection Requirements for Hazardous 
Substance Underground Storage Tank Systems.
    Section 33-24-08-33  Methods of Release Detection for Tanks.
    Section 33-24-08-34  Methods of Release Detection for Piping.
    Section 33-24-08-35  Release Detection Recordkeeping.
    Section 33-24-08-40  Reporting of Suspected Releases.
    Section 33-24-08-41  Investigation Due to Offsite Impacts.
    Section 33-24-08-42  Release Investigation and Confirmation Steps.
    Section 33-24-08-43  Reporting and Cleanup of Spills and Overfills.
    Section 33-24-08-50  General Release Response and Corrective Action 
for Underground Storage Tank Systems Containing Petroleum or Hazardous 
Substances.
    Section 33-24-08-51  Initial Response.
    Section 33-24-08-52  Initial Abatement Measures and Site Check.
    Section 33-24-08-53  Initial Site Characterization.
    Section 33-24-08-54  Free Product Removal.
    Section 33-24-08-55  Investigations for Soil and Ground Water 
Cleanup.
    Section 33-24-08-60  Temporary Closure.
    Section 33-24-08-61  Permanent Closure and Changes in Service.
    Section 33-24-08-62  Assessing the Site at Closure or Change in 
Service.
    Section 33-24-08-63  Applicability to Previously Closed Underground 
Storage Tank Systems.
    Section 33-24-08-64  Closure Records.
    Section 33-24-08-80  Applicability (financial responsibility).
    Section 33-24-08-81  Financial Responsibility Compliance Dates.
    Section 33-24-08-82  Definitions (financial responsibility).
    Section 33-24-08-83  Amount and Scope of Required Financial 
Responsibility.
    Section 33-24-08-84  Allowable Mechanisms and Combinations of 
Mechanisms.
    Section 33-24-08-85  Financial Test of Self-Insurance.
    Section 33-24-08-86  Guarantee.
    Section 33-24-08-87  Insurance and Risk Retention Group Coverage.
    Section 33-24-08-88  Surety Bond.
    Section 33-24-08-89  Letter of Credit.
    Section 33-24-08-92  Trust Fund.
    Section 33-24-08-93  Standby Trust Fund.
    Section 33-24-08-94  Substitution of Financial Assurance mechanisms 
by Owner or Operator.
    Section 33-24-08-95  Cancellation or Nonrenewal by Provider of 
Financial Assurance.
    Section 33-24-08-96  Reporting by Owner or Operator.
    Section 33-24-08-97  Recordkeeping.
    Section 33-24-08-99  Release from Requirements.
    Section 33-24-08-100  Bankruptcy or Other Incapacity of Owner or 
Operator or Provider of Financial Assurance.
    Section 33-24-08-101  Replenishment of Guarantees, Letters of 
Credit, or Surety Bonds.

                                Oklahoma

    (a) The statutory provisions include
1. Oklahoma Statutes, Chapter 14: Oklahoma Underground Storage Tank 
          Regulation Act
    Section 301  Short Title
    Section 303  Definitions
    Section 304  Exemptions
    Section 305  Corporation Commission Designated as State Agency to 
Administer Certain Federal Programs

[[Page 1093]]

    Section 307  Corporation Commission--Promulgation of Rules Governing 
Underground Storage Tank Systems
    Section 308  Permits--Necessity--Application--Issuance--Fees--
Denial, Refusal to Issue, Suspension or Revocation--Financial 
Responsibility Coverage (Except (B), which applies to individuals other 
than UST owners and operators.)
    Section 308.1  Underground Storage Tank Systems for Petroleum 
Products--Permit Fee--Penalty--Suspension or Nonrenewal of Permit
    Section 309  Release from Underground Storage Tank System--Reports--
Corrective Action--Powers, Duties and Procedures of Corporation 
Commission
    Section 313  Records, Reports and Informations--Public Inspection--
Confidentiality--Disclosure to Federal or State Representatives
    Section 315  Corporation Commission Underground Storage Tank 
Regulation Revolving Fund
    Section 316  Ordinance or Regulations in Conflict with Act 
Prohibited
    Section 340  Storage Tank Advisory Council--Members--Quorum--
Authority--Rules--Expenses
2. Oklahoma Statutes, Chapter 15: Oklahoma Petroleum Storage Tank 
          Release Indemnity Program
    Section 350  Short Title--Maintenance, Operation and Administration
    Section 352  Definitions
    Section 353  Petroleum Storage Tank Release Environmental Cleanup 
Indemnity Fund
    Section 354  Assessments on Motor Fuels, Diesel Fuel and Blending 
Materials--Exemptions--Deposits in Funds
    Section 356  Collection, Remittance and Reporting of Assessments
    Section 356.1  Confidentiality of Records, Reports or Information--
Schedule of Reimbursable Fees
    Section 357  Payment of Claim Subject to Indemnity Fund Acquiring 
Subrogation Rights--Administrator to Protect Indemnity Fund in Judicial 
and Administrative Proceedings--Notice of Lawsuit--Enforcement of Third 
Party Claim
    Section 358  Annual Reports
    Section 359  Audit Relating to Petroleum Storage Tank Release 
Environmental Cleanup Indemnity Fund
    Section 360  Limitation on Expenditures for Administrative Costs--
Reports
    Section 361  Appointment of Administrator--Hiring of Employees--
Temporary Workers and Contract Labor
    Section 365  Oklahoma Leaking Underground Storage Tank Trust Fund--
Oklahoma Leaking Underground Storage Tank Revolving Fund--Appropriation, 
Budgeting and Expenditure of Monies--Payments from Funds--Costs of 
Actions--Emergencies--Reimbursement of Funds--Administrative Penalties
    (b) The regulatory provisions include
1. Oklahoma Annotated Code, Chapter 25: Underground Storage Tanks
a. Subchapter 1: General Provisions
    Part 1: Purpose and Statutory Authority
    Part 3: Definitions
    Part 5: Scope of Rules
    Part 7: National Industry Codes
    Part 9: Notification and Reporting Requirements (Except 165:25-1-45, 
insofar as it requires owners of exempt USTs to notify the Commission of 
the existence of such systems.)
b. Subchapter 3: Release Prevention, Detection, and Correction
    Part 1: Release Prohibition, Reporting and Investigation
    Part 3: Recordkeeping
    Part 5: Spill and Overfill Prevention Requirements
    Part 7: Compatibility
    Part 9: Installation of Underground Storage Tank Systems (Except 
165:25-3-48, which applies to individuals other than UST owners and 
operators.)
    Part 11: Repairs to Underground Storage Tank Systems
    Part 13: Removal and Closure of Underground Storage Tank Systems
    Part 15: Corrective Action Requirements
    Part 17: Requirements for Corrosion Protection Systems
c. Subchapter 5: Requirements for Existing Underground Storage Tank 
          Systems
d. Subchapter 7: Requirements for New Underground Storage Tank Systems
    Part 1: Design, Construction, and Installation Requirements
    Part 3: General Release Detection Methods and Service
    Part 5: Release Detection Methods and Devices for Petroleum 
Underground Storage Tank Systems
e. Subchapter 9: Inspections, Testing, and Monitoring
    Part 3: Fees
f. Subchapter 11: Administrative Provisions
g. Subchapter 13: Financial Responsibility Requirements
    Part 1: Applicability
    Part 3: Definitions
    Part 5: Amount and Scope of Coverage
    Part 7: Financial Assurance
    Part 9: Financial Test of Self-Insurance
    Part 11: Guarantee
    Part 13: Insurance and Risk Retention Group Coverage
    Part 15: Surety Bond
    Part 17: Letter of Credit
    Part 19: State Fund or Other State Assurance
    Part 21: Trust Fund
    Part 23: Standby Trust Fund
    Part 25: Substitution of Financial Assurance Mechanisms

[[Page 1094]]

    Part 27: Cancellation or Nonrenewal
    Part 29: Reporting
    Part 31: Recordkeeping
    Part 33: Drawing on Financial Assurance Mechanisms
    Part 35: Release from Subchapter 11 Requirements
    Part 37: Bankruptcy or Other Incapacity of Owner/Operator or 
Provider of Financial Assurance
    Part 39: Replenishment of Guarantees, Letters of Credit, or Surety 
Bonds
h. Subchapter 15: Circle K Settlement Fund
    Part 1: General Provisions
    Part 3: Definitions
    Part 5: Eligibility Requirements
    Part 7: Reimbursement
i. Appendices
    Appendix A: Letter From Chief Financial Officer
    Appendix B: Guarantee
    Appendix C: Endorsement
    Appendix D: Certificate of Insurance
    Appendix E: Performance Bond
    Appendix F: Irrevocable Standby Letter of Credit
    Appendix G: Trust Agreement
    Appendix H: Certification of Financial Responsibility
    Appendix I: Certification of Valid Claim
    Appendix J: Soil and Groundwater Remediation Index
    Appendix K: Soil Cleanup Levels
    Appendix L: Mean Annual Precipitation
    Appendix M: Hydrologically Sensitive Area
    Appendix N: Field Citation Fines
2. Oklahoma Annotated Code, Chapter 27: Indemnity Fund
a. Subchapter 1: General Provisions
    Section 165:27-1-1 Purpose
    Section 165:27-1-2 Definitions
    Section 165:27-1-3 Scope
    Section 165:27-1-4 Authority
    Section 165:27-1-5 Citation of Rules
    Section 165:27-1-6 Prescribed Forms
b. Subchapter 3: Eligibility Requirements
    Section 165:27-3-1 General Requirements
    Section 165:27-3-2 Eligible Person
    Section 165:27-3-3 Eligible Release
c. Subchapter 5: Qualifications for Reimbursement
    Section 165:27-5-1 Qualifications for Reimbursement
    Section 165:27-5-2 Application for Reimbursement
    Section 165:27-5-3 Application for Supplemental Reimbursement
d. Subchapter 7: Reimbursement
    Section 165:27-7-1 Reimbursable Expenses
    Section 165:27-7-2 Total Reimbursement
    Section 165:27-7-5 Methods for Reimbursement
    Section 165:27-7-6 Conditions for Reimbursement
    Section 165:27-7-7 Exclusions from Reimbursement
    Section 165:27-7-8 Withholding Reimbursement

                              Rhode Island

    (a) The statutory provisions include Rhode Island Statute Title 46 
of the General Laws of Rhode Island, 1956, as amended:

    Chapter 12  Water Pollution
    Chapter 12.1  Underground Storage Tanks
    Chapter 12.3  The Environmental Injury Compensation Act
    Chapter 12.5  Oil Pollution Control
    Chapter 13.1  Groundwater Protection
    Chapter 14  Contamination of Drinking Water

    (b) The statutory provisions include Title 42 of the General Laws of 
Rhode Island, 1956, as amended.

    Chapter 35  Administrative Procedures

    (c) The statutory provisions include Title 38 of the General Laws of 
Rhode Island, 1956, as amended.

    Chapter 2  Access to Public Records

    (d) The statutory provisions include Title 37 of the General Laws of 
Rhode Island, 1956, as amended.

    Chapter 18  Narragansett Indian and Management Corp.

    (e) The statutory provisions include Title 23 of the General Laws of 
Rhode Island, 1956, as amended.

    Chapter 19.1  Hazardous Waste Management

    (f) The regulatory provisions include State of Rhode Island, Agency 
of Natural Resources, Underground Storage Tank Regulations, February 1, 
1991:

    Section 1.00  Purpose
    Section 2.00  Authority
    Section 3.00  Superseded Rules and Regulations
    Section 4.00  Severability
    Section 5.00  Applicability
    Section 6.00  Administrative Findings
    Section 7.00  Definitions
    Section 8.00  Facility Registration and Notification
    Section 9.00  Financial Responsibility
    Section 10.00  Minimum Existing Facility Requirements
    Section 11.00  New Facility and Replacement Tank Requirements
    Section 12.00  Facility Modification
    Section 13.00  Maintaining Records
    Section 14.00  Leak and Spill Response
    Section 15.00  Closure
    Section 16.00  Leak Detection Methods and Precision Tester Licensing 
Requirements
    Section 17.00  Signatories to Registration and Closure Applications
    Section 18.00  Transfer of Certificates of Registration or Closure
    Section 19.00  USTs/Holding Tanks Serving Floor Drains

[[Page 1095]]

    Section 20.00  Variances
    Section 21.00  Appeals
    Section 22.00  Penalties
    Appendix A
    Appendix B
    Appendix C

                              South Dakota

    (a) The statutory provisions include South Dakota Statutes 
Annotated, Chapter 34A-2, Sections 98 and 99. Underground Storage Tanks:

    Section 98  Underground storage tanks--Definitions.
    Section 99  Underground storage tanks--Adoption of Rules--Violation.

    (b) The regulatory provisions include State of South Dakota 
Administrative Rules, Chapter 74:03:28, Underground Storage Tanks, 
Department of Environment and Natural Resources, June 24, 1992:

    Section 74:03:28:01  Definitions.
    Section 74:03:28:02  Performance standards for new UST systems--
General requirements.
    Section 74:03:28:03  Upgrading of existing UST systems--General 
requirements and deadlines.
    Section 74:03:28:04  Notification requirements for UST systems.
    Section 74:03:28:05  Spill and overfill control.
    Section 74:03:28:06  Operation and maintenance of cathodic 
protection.
    Section 74:03:28:07  Compatibility.
    Section 74:03:28:08  Repairs allowed--general requirements.
    Section 74:03:28:09  Maintenance and availability of records.
    Section 74:03:28:10  Release detection for all UST systems--general 
requirements and deadlines.
    Section 74:03:28:11  Release detection requirements for petroleum 
UST systems.
    Section 74:03:28:12  Release detection requirements for pressure 
piping.
    Section 74:03:28:13  Recordkeeping.
    Section 74:03:28:14  Release notification plan.
    Section 74:03:28:15  Reported of suspected releases.
    Section 74:03:28:16  Release investigation and confirmation.
    Section 74:03:28:17  Off-site impacts and source investigation.
    Section 74:03:28:18  General requirements for corrective action for 
releases from UST systems.
    Section 74:03:28:19  Initial abatement requirements and procedures 
for releases from UST systems.
    Section 74:03:28:20  Free product removal.
    Section 74:03:28:21  Additional site investigation for releases from 
UST systems.
    Section 74:03:28:22  Soil and groundwater cleanup for releases from 
UST systems.
    Section 74:03:28:23  Reporting of releases from UST systems.
    Section 74:03:28:28  Reporting of hazardous substance releases from 
UST systems.
    Section 74:03:28:29  Temporary removal from use.
    Section 74:03:28:30  Temporary closure.
    Section 74:03:28:31  Permanent closure.
    Section 74:03:28:32  Postclosure requirements.
    Section 74:03:29:01  Applicability.
    Section 74:03:29:23  Definitions.
    Section 74:03:29:24  Financial responsibility rules.

                                  Texas

    (a) The statutory provisions include
1. Texas Water Code, Title 2, Subtitle D, Chapter 26--State Water 
          Administration
a. Subchapter I: Underground and Aboveground Storage Tanks
    Section 26.341  Purpose (Except insofar as it applies to aboveground 
storage tanks.)
    Section 26.342  Definitions (Except insofar as (10) and (12) apply 
to aboveground storage tanks.)
    Section 26.343  Regulated Substances
    Section 26.344  Exemptions (Except insofar as (a), (d), and (f) 
apply to aboveground storage tanks.)
    Section 26.345  Administrative Provisions (Except insofar as (a) and 
(e) apply to aboveground storage tanks.)
    Section 26.346  Registration Requirements (Except insofar as (a) 
applies to aboveground storage tanks.)
    Section 26.347  Tank Standards
    Section 26.348 Leak Detection and Record Maintenance
    Section 26.349  Reporting of Releases and Corrective Action (Except 
insofar as (a) applies to aboveground storage tanks.)
    Section 26.350  Tank Closure Requirements
    Section 26.351  Corrective Action (Except insofar as it applies to 
aboveground storage tanks.)
    Section 26.3511  Corrective Action by the Commission (Except insofar 
as it applies to aboveground storage tanks.)
    Section 26.3512  Owner or Operator Responsibility; Limitations on 
Fund Payments for Corrective Action
    Section 26.3513  Liability and Costs: Multiple Owners and Operators
    Section 26.3514  Limits on Liability of Lender (Except insofar as it 
applies to aboveground storage tanks.)
    Section 26.3515  Limits on Liability of Corporate Fiduciary (Except 
insofar as it applies to aboveground storage tanks.)
    Section 26.352  Financial Responsibility
    Section 26.355  Recovery of Costs (Except insofar as it applies to 
aboveground storage tanks.)
    Section 26.357  Standards and Rules
    Section 26.3571  Eligible Owner or Operator

[[Page 1096]]

    Section 26.3572  Groundwater Protection Cleanup Program
    Section 26.3573  Petroleum Storage Tank Remediation Fund
    Section 26.35735  Claims Audit
    Section 26.3574  Fee on Delivery of Certain Petroleum Products
    Section 26.358  Storage Tank Fund; Fees (Except insofar as it 
applies to aboveground storage tanks.)
    Section 26.359  Local Regulation or Ordinance

    (b) The regulatory provisions include
1. 31 Texas Administrative Code, Chapter 334--Underground and 
          Aboveground Storage Tanks
a. Subchapter A: General Provisions
    Section 334.1  Purpose and Applicability (Except insofar as Section 
334.1(a)(1), (c), and (d)(2) apply to aboveground storage tanks.)
    Section 334.2  Definitions
    Section 334.3  Statutory Exemptions (Except insofar as Section 
334.3(b) applies release reporting and corrective action requirements to 
certain hydraulic lift tanks that are exempt under the federal program.)
    Section 334.4 Commission Exclusions (Except insofar as Section 
334.4: (1) Does not exclude airport hydrant fuel distribution systems 
and UST systems with field-constructed tanks; excludes only sumps less 
than 110 gallons, as opposed to all tanks; and does not provide a 
release detection deferral for UST systems that store fuel solely for 
use by emergency power generators; (2) Subjects wastewater treatment 
tank systems that are deferred in the federal rules to the registration 
requirements, general operating requirements, and corrective action 
requirements; (3) Requires USTs that store radioactive substances or are 
part of a nuclear power plant to comply with registration and general 
operating requirements; and (4) Applies release reporting and corrective 
action requirements to certain hydraulic lift tanks that are exempt 
under the federal program.)
    Section 334.5  General Prohibitions
    Section 334.6  Construction Notification
    Section 334.7  Registration
    Section 334.8  Certification
    Section 334.9  Seller's Disclosure
    Section 334.10  Reporting and Recordkeeping
    Section 334.12  Other General Provisions
2. Subchapter B: Underground Storage Tank Fees
    Section 334.21  Fee Assessment
    Section 334.22  Failure to Make Payment
    Section 334.23  Disposition of Fees, Interest and Penalties
3. Subchapter C: Technical Standards
    Section 334.41  Applicability
    Section 334.42  General Standards
    Section 334.43  Variances and Alternative Procedures
    Section 334.44  Implementation Schedules
    Section 334.45  Technical Standards for New UST Systems
    Section 334.46  Installation Standards for New UST Systems
    Section 334.47  Technical Standards for Existing UST Systems
    Section 334.48  General Operating and Management Requirements
    Section 334.49  Corrosion Protection
    Section 334.50  Release Detection
    Section 334.51  Spill and Overfill Prevention and Control
    Section 334.52  UST System Repairs and Relining
    Section 334.53  Reuse of Used Tanks
    Section 334.54  Temporary Removal from Service
    Section 334.55  Permanent Removal from Service
4. Subchapter D: Release Reporting and Corrective Action
    Section 334.71  Applicability
    Section 334.72  Reporting of Suspected Releases
    Section 334.73  Investigation Due to Off-Site Impacts
    Section 334.74  Release Investigation and Confirmation Steps
    Section 334.75  Reporting and Cleanup of Surface Spills and 
Overfills
    Section 334.76  Initial Response to Releases
    Section 334.77  Initial Abatement Measures and Site Check
    Section 334.78  Initial Site Characterization
    Section 334.79  Free Product Removal
    Section 334.80  Investigation for Soil and Groundwater Cleanup
    Section 334.81  Corrective Action Plan
    Section 334.82  Public Participation
    Section 334.83  Emergency Orders
    Section 334.84  Corrective Action by the Commission
    Section 334.85  Management of Wastes
5. Subchapter E: Financial Responsibility
    Section 334.91  Applicability
    Section 334.92  Compliance Dates
    Section 334.93  Amount and Scope of Required Financial 
Responsibility
    Section 334.94  Allowable Mechanisms and Combinations of Mechanisms
    Section 334.95  Financial Test of Self-Insurance
    Section 334.96  Guarantee
    Section 334.97  Insurance and Risk Retention Group Coverage
    Section 334.98  Surety Bond
    Section 334.99  Letter of Credit
    Section 334.100  Trust Fund
    Section 334.101  Standby Trust Fund
    Section 334.102  Substitution of Financial Assurance Mechanisms by 
Owner or Operator

[[Page 1097]]

    Section 334.103  Cancellation or Nonrenewal by a Provider of 
Financial Assurance
    Section 334.104  Reporting by Owner or Operator
    Section 334.105  Financial Assurance Recordkeeping
    Section 334.106  Drawing on Financial Assurance Mechanisms
    Section 334.107  Release from the Requirements
    Section 334.108  Bankruptcy or Other Incapacity of Owner or Operator 
of Provider of Financial Assurance
    Section 334.109  Replenishment of Guarantees, Letters of Credit, or 
Surety Bonds
6. Subchapter H: Interim Reimbursement Program
    Section 334.301  Applicability of this Subchapter
    Section 334.302  General Conditions and Limitations Regarding 
Reimbursement--Interim Period
    Section 334.303  Time to File Application--Interim Period
    Section 334.304  Who May File Application--Interim Period
    Section 334.305  Where and How Documents Must Be Filed--Interim 
Period
    Section 334.306  Form and Contents of Application--Interim Period
    Section 334.307  Technical Information Required--Interim Period
    Section 334.308  Allowable Costs and Restrictions on Allowable 
Costs--Interim Period
    Section 334.309  Reimbursable Costs--Interim Period
    Section 334.310  Requirements for Eligibility--Interim Period
    Section 334.311  Determining the Number of Occurrences--Interim 
Period
    Section 334.312  Owner/Operator Contribution
    Section 334.313  Review of Application by Executive Director--
Interim Period
    Section 334.314  Executive Director's Fund Payment Report--Initial 
Period
    Section 334.315  Protest of Fund Payment Report--Interim Period
    Section 334.316  Formal Petition--Interim Period
    Section 334.317  Hearing by the Commission--Interim Period
    Section 334.318  Recovery of Costs--Interim Period
    Section 334.319  Administrative Penalties and Other Actions--Initial 
Period
    Section 334.320  Responsibilities of Owners and Operators--Interim 
Period
    Section 334.321  Corrective Action by the Commission--Interim Period
    Section 334.322  Subchapter H Definitions
7. Subchapter K: Petroleum Substance Waste
    Section 334.481  Definitions
    Section 334.482  General Prohibitions
    Section 334.483  Disposal by Generator
    Section 334.484  Registration Required for Petroleum-Substance Waste 
Storage or Treatment Facilities
    Section 334.485  Authorization for Class C and Class D Facilities
    Section 334.486  Exemptions
    Section 334.487  Notification and Mobilization Requirements for 
Class B Facilities
    Section 334.488  Effect on Existing Facilities
    Section 334.489  Notice to Owners and Operators
    Section 334.490  Public Notice
    Section 334.491  Public Meetings for Class A Facilities
    Section 334.492  Closure and Facility Expansion
    Section 334.493  Location Standards for Class A Petroleum-Substance 
Waste Storage or Treatment Facilities
    Section 334.494  Shipping Procedures Applicable to Generators of 
Petroleum-Substance Waste
    Section 334.495  Recordkeeping and Reporting Procedures Applicable 
to Generators
    Section 334.496 Shipping Requirements Applicable to Transporters of 
Petroleum-Substance Waste
    Section 334.497  Shipping Requirements Applicable to Owners or 
Operators of Storage Treatment or Disposal Facilities
    Section 334.498  Recordkeeping Requirements Applicable to Owners or 
Operators of Storage Treatment or Disposal Facilities
    Section 334.499  Additional Reports
    Section 334.500  Design and Operating Requirements of Stockpiles and 
Land Surface Treatment Units
    Section 334.501  Reuse of Petroleum-Substance Waste
    Section 334.502  Contaminant Assessment Program and Corrective 
Action
    Section 334.503  Security
    Section 334.504  Contingency Plan
    Section 334.505  Emergency Procedures
    Section 334.506  Closure Requirements Applicable to Class A and 
Class B Facilities
    Section 334.507  General Requirements for Financial Assurance
    Section 334.508  Mechanisms for Financial Assurance
    Section 334.509  Liability Requirements for Class A and B Facilities
    Section 334.510  Incapacity of Owners or Operators, Guarantors, or 
Financial Institutions
8. Subchapter L: Overpayment Prevention
    Section 334.530  Purpose and Applicability of the Subchapter
    Section 334.531  Responsibility of Recipients of Money from the PSTR 
Fund and Persons Paid by Recipients of Money from the PSTR Fund
    Section 334.532  Payments
    Section 334.533  Audits

[[Page 1098]]

    Section 334.534  Notice of Overpayment
    Section 334.535  Objections to the Notice of Overpayment and Formal 
Petition for Hearing
    Section 334.536 Hearing by the Commission
    Section 334.537  Failure to Return Overpayment or Cooperative with 
Audit or Investigation
    Section 334.538  Administrative Penalties and Other Actions
9. Subchapter M: Reimbursable Cost Guidelines for the Petroleum Storage 
          Tank Reimbursement Program
    Section 334.560  Reimbursable Cost Guidelines

                                  Utah

    (a) The statutory provisions include: Utah Code Unannotated (1994), 
Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act, and Chapter 
6, Part 4, Underground Storage Tank Act:

    Section 19-6-109  Inspections authorized.
    Section 19-6-402  Definitions, except (3), (4), (8), (9), (11), 
(14), (15), (20), (23), and (26).
    Section 19-6-402.5  Retroactive effect.
    Section 19-6-403  Powers and duties of board, except (1)(a) (i) and 
(iv).
    Section 19-6-404  Powers and duties of executive secretary, except 
(2)(c), (2)(f), (2)(j), and (2)(m).
    Section 19-6-407  Underground storage tank registration--Change of 
ownership or operation--Civil penalty, except (2) and (3).
    Section 19-6-413  Tank tightness test--Actions required after 
testing.
    Section 19-6-420  Releases--Abatement actions--Corrective actions, 
except (1) through (3)(b), (4)(a), (5) (b) and (c), (6), and (9)(b).

    (b) The regulatory provisions include:
    (1) Administrative Rules of the State of Utah, Utah Administrative 
Code (1993):

    Section R311-200-1  Definitions, except (2), (5), (8), (10), (13), 
(20), (29), (42) through (49), (53), and (54).
    Section R311-202-1  Incorporation by Reference.
    Section R311-203-1  Definitions.
    Section R311-203-3  New Installations.
    Section R311-203-4  Notification.
    Section R311-204-1  Definitions
    Section R311-204-2  Underground Storage Tank Closure Plan.
    Section R311-204-3  Disposal.
    Section R311-204-4  Subsequent Closure Notice.
    Section R311-205-1  Definitions.
    Section R311-205-2  Site Assessment Protocol.
    Section R311-206-1  Definitions.
    Section R311-206-2  Requirements for Issuance of Certificates, 
except (b) and (c).
    Section R311-206-3  Application for Certificates.
    Section R311-206-5  Revocation and Reissuance of Certificates, 
except (b), (c), (d), and the words ``compliance or'' in R311-206-5(a).

                                 Vermont

    (a) The statutory provisions include Vermont Statutes Annotated, 
1992, Chapter 59. Underground Liquid Storage Tanks:

    Section 1921  Purpose.
    Section 1922  Definitions.
    Section 1923  Notice of New or Existing Underground Storage Tank.
    Section 1924  Integrity Report.
    Section 1925  Notice in Land Records.
    Section 1926  Unused and Abandoned Tanks.
    Section 1927  Regulation of Category One Tanks.
    Section 1928  Regulation of Large Farm and Residential Motor Fuel 
Tanks.
    Section 1930  Implementation; Coordination.
    Section 1936  Licensure of Tank Inspectors.
    Section 1938  Underground Storage Tank Trust Fund.
    Section 1939  Risk Retention Pool.
    Section 1940  Underground Storage Tank Incentive Program.
    Section 1941  Petroleum Cleanup Fund.
    Section 1942  Petroleum Distributor Licensing Fee.
    Section 1943  Petroleum Tank Assessment.
    Section 1944  Underground Storage Tank Loan Assistance Program.

    (b) The regulatory provisions include State of Vermont, Agency of 
Natural Resources, Underground Storage Tank Regulations, February 1, 
1991:

(1) Subchapter 1: General.
    Section 8-101  Purpose.
    Section 8-102  Applicability.
    Section 8-103  Severability.
(2) Subchapter 2: Definitions.
    Section 8-201  Definitions.
(3) Subchapter 3: Notification and Permits.
    Section 8-301  Notification, except for the following words in 
section 8-301(1), ``Notification is also required for any tank used 
exclusively for on-premises heating that is greater than 1100 gallons in 
size.''
    Section 8-302  Permits.
    Section 8-303  Financial Responsibility Requirements.
    Section 8-304  Petroleum Tank Assessment.
    Section 8-305  Innovative Technology.
(4) Subchapter 4: Minimum Standards for New and Replacements Tanks and 
          Piping.
    Section 8-401  General Requirements.
    Section 8-402  Tanks--Design and Manufacturing Standards.

[[Page 1099]]

    Section 8-403  Tanks--Secondary Containment.
    Section 8-404  Tanks--Release Detection.
    Section 8-405  Piping--Design and Construction.
    Section 8-406  Compatibility.
    Section 8-407  Spill and Overfill Prevention Equipment.
    Section 8-408  Installation.
(5) Subchapter 5: Minimum Operating Standards for Existing Tanks and 
          Piping.
    Section 8-501  General Requirements.
    Section 8-502  Spill and Overfill Prevention.
    Section 8-503  Corrosion Protection of Metallic Components.
    Section 8-504  Release Detection.
    Section 8-505  Compatibility.
    Section 8-506  Repairs.
(6) Subchapter 6: Reporting, Investigation, Corrective Action and UST 
          Closure.
    Section 8-601  General Requirement, except for the following words, 
``Heating oil tanks greater than 1100 gallons capacity used exclusively 
for on-premise heating purposes are subject to the requirements for 
permanent closure in accordance with subsection 8-605(2).''
    Section 8-602  Reporting.
    Section 8-603  Release Investigation and Confirmation.
    Section 8-604  Corrective Action.
    Section 8-605  Closure of USTs.
    Appendix A  Groundwater Monitoring Requirements.
    Appendix B  Inventory Monitoring Procedures.
    Appendix C  Procedures for Manual Tank Gauging.
    Appendix D  Installation Requirements Applicable to New and 
Replacement UST Systems.

[58 FR 58625, Nov. 2, 1993, as amended at 59 FR 49213, Sept. 27, 1994; 
60 FR 12633, Mar. 7, 1995; 60 FR 14336, Mar. 16, 1995; 60 FR 32471, June 
22, 1995; 60 FR 47301, Sept. 12, 1995; 60 FR 52344, Oct. 6, 1995; 61 FR 
1213, 1215, 1218, 1222, 1226, Jan. 18, 1996; 61 FR 4226, Feb. 5, 1996; 
61 FR 6321, Feb. 20, 1996; 61 FR 6555, Feb. 21, 1996]



PARTS 283--299 [RESERVED]




[[Page 1101]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Material Approved for Incorporation by Reference
  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  Table of OMB Control Numbers
  List of CFR Sections Affected

[[Page 1103]]

            Material Approved for Incorporation by Reference

                      (Revised as of July 1, 1996)

  The Director of the Federal Register has approved under 5 U.S.C. 
552(a) and 1 CFR Part 51 the incorporation by reference of the following 
publications. This list contains only those incorporations by reference 
effective as of the revision date of this volume. Incorporations by 
reference found within a regulation are effective upon the effective 
date of that regulation. For more information on incorporation by 
reference, see the preliminary pages of this volume.


40 CFR CHAPTER I (PARTS 260 TO 271): SUBCHAPTER I--SOLID WASTES

ENVIRONMENTAL PROTECTION AGENCY


American Petroleum Institute (API)

  1220 L Street, NW., Washington, DC 20005
API Publication 2517, Third Edition, February 
  1989, Evaporative Loss From External Floating-
  Roof Tanks......................................      260.11; 265.1084


American Society for Testing Materials

  1916 Race St., Philadelphia, PA 19103
ASTM D 93-80 Flash Point by Pennsky-Martens Closed 
  Tester..........................................          261.21(a)(1)
ASTM D 1946-82 Standard Method for Analysis of 
  Reformed Gas by Gas Chromatography..............           260.11(a); 
                                                    264.1033(e)(2); and 
                                                          265.1033(e)(2)
ASTM D 2382-83 Standard Test Method for Heat of 
  Combustion of Hydrocarbon Fuels by Bomb 
  Calorimeter (High-Precision Method).............           260.11(a); 
                                                    264.1033(e)(2); and 
                                                          265.1033(e)(2)
ASTM D 2879-92, Standard Test Method for Vapor 
  Pressure-Temperature Relationship and Initial 
  Decomposition Temperature of Liquids by 
  Isoteniscope....................................      260.11; 265.1084
ASTM D 3278-78 Flash Point for Liquids by 
  Setaflash Closed Tester.........................          261.21(a)(1)
ASTM Standard Test Methods for Preparing Refuse-
  Derived Fuel (RDF) Samples for Analyses of 
  Metals, ASTM E 926-88, Test Method C--Bomb, Acid 
  Digestion Method................................                260.11


Environmental Protection Agency

  Office of Solid Waste and Emergency Response, Waste Characterization 
  Branch, Washington, DC 20460
Air Pollution Training Institute Course 415: 
  Control of Gaseous Emissions, EPA Publication 
  450/2-81-005, December 1981.....................           260.11(a); 
                                                   264.1035(b)(4)(iii); 
                                                   265.1035(b)(4)(iii); 
                                                      270.24(d)(3); and 
                                                            270.25(e)(3)
Screening Procedures for Estimating the Air 
  Quality Impact of Stationary Sources, August 
  1988, EPA-450/4-88-010. Made available from the 
  National Technical Information Service, 5285 
  Port Royal Road, Springfield, VA 22161, (703) 
  487-4600........................................             260.11(a)

[[Page 1104]]

Test Methods for Evaluating Solid Waste, Physical/
  Chemical Methods, EPA Publication SW-846 [Third 
  Edition (November, 1986), as amended by Updates 
  I (July 1992), II (September 1994), IIA (August 
  1993), and IIB (January 1995)]. The Third 
  Edition of SW-846 and Updates I, II, IIA, and 
  IIB (document number 955-001-00000-1) are 
  available from the Superintendent of Documents, 
  U.S. Government Printing Office, Washington, DC 
  20402, (202) 512-1800...........................           260.11(a); 
                                                   261.22(a)(1) and (2); 
                                                   Part 261, Appendices 
                                                    II and III; 270.6(a)
47 analytical testing methods contained in Test 
  Methods for Evaluating Solid Waste, Physical/
  Chemical Methods (SW-846), 3rd Edition, November 
  1986 and Revision I, December 1987. The Third 
  Edition of SW-846 and Revision I are available 
  from the Government Printing Office, 
  Superintendent of Documents, Washington, DC 
  20402, (202) 512-1800, as document number 955-
  001-00000-1.....................................  260.11(a); Appendix 
                                                                     III
Method 9095 (Paint Filter Liquids Test............             268.32(i)


National Fire Protection Association

  Batterymarch Park, Quincy, MA 02269
Flammable and Combustible Liquids Code, 1981......          264.198(b); 
                                                              265.198(b)


Organization for Economic Cooperation and Development

  Environment Directorate 2 rue Andre Pascal 75775 Paris Cedex 16, 
  France
OECD Council Decision C(92) 39/Final (Concerning 
  the Control of Transfrontier Movements of Wastes 
  Destined for Recovery Operations), Appendix 3, 
  OECD Green List of Wastes (revised May 1994); 
  Appendix 4, OECD Amber List of Wastes (revised 
  May 1993), and Appendix 5, OECD Red List of 
  Wastes (revised May 1993).......................             262.89(e)

ENVIRONMENTAL PROTECTION AGENCY


State Statutes and Regulations (PART 272): APPROVED STATE HAZARDOUS 
WASTE MANAGEMENT PROGRAMS

Arizona: (1) EPA Approved Arizona Statutory 
  Requirements Applicable to the Hazardous Waste 
  Management Program, dated June 1995; (2) EPA 
  Approved Arizona Regulatory Requirements 
  Applicable to the Hazardous Waste Management 
  Program, dated June 1995........................         272.151(b)(1)
Arkansas: (1) EPA Approved Arkansas Statutory 
  Requirements Applicable to the Hazardous Waste 
  Management Program, dated September 1993; (2) 
  EPA Approved Arkansas Regulatory Requirements 
  Applicable to the Hazardous Waste Management 
  Program, dated September 1993...................               272.201
Delaware: (1) 7 Delaware Code Annotated sections 
  6301-6307 and 6310-6317 (Replacement Volume 
  1983); (2) Delaware Department of Natural 
  Resources and Environmental Control regulations 
  governing hazardous waste parts 260-265, 122, 
  124 and Order Number 83-SW-1, July 28, 1983.....               272.401

[[Page 1105]]

Idaho: Chapter 44, Hazardous Waste Management, 
  Section 39 of the Idaho Code (I.C.), General 
  Laws of Idaho Annotated, Volume 7A, published 
  May 1985 by the Michie Company, Law Publishers, 
  Charlottsville, Virginia: I.C. 39-4406; 39-4412; 
  39-4416; 39-4421; and 39-4429 as contained in 
  the 1991 Cumulative Pocket Supplement, Idaho 
  Code, Volume 7A republished in September 1991; 
  by the Michie Company, Law Publishers, 
  Charlottesville, Virginia: I.C. 39-4403, 39-
  4404; 39-4405; 39-4408; 39-4409; 39-4410(3); 39-
  4411 [effective until July 1, 1993]; 39-4411 
  [effective July 1, 1993]; 39-4423; 39-4424; and 
  39-4429.........................................            272.651(a)
Idaho: Idaho Department of Health and Welfare 
  Rules and Regulations, Title 1, Chapter 5, 
  Rules, Regulations and Standards for Hazardous 
  Waste in effect as of March 6, 1991, are part of 
  the approved program under RCRA: IDHW 
  Regulations, Sections: 16.01.5000; 16.01.5001; 
  16.01.5002; 16.01.5003; 16.01.5004; 16.01.5005; 
  16.01.5006; 16.01.5007; 16.01.5008; 16.01.5009; 
  16.01.5010; 16.01.5011; 16.01.5012; 16.01.5013; 
  16.01.5356; and appendix A......................            272.651(a)
Illinois: (1) Illinois Administrative Code, Title 
  35, Part 702, sections 702.101--702.104; 
  702.110--702.187; Part 703, sections 703.100--
  703.126, 703.140--703.246; Part 709, Sections 
  709.102--709.105, 709.201, 709.301, 709.302, 
  709.401, 709.501--709.603; Part 720, Sections 
  720.101--720.122, Part 720 Appendix A; Part 721, 
  Sections 721.101--721.133, Part 721 Appendices 
  A, B, C, G, H, I, J, Z; Part 722, Sections 
  722.110--722.151, Part 722 Appendix A; Part 723, 
  Sections 723.110--723.131; Part 724, Sections 
  724.101--724.321, 724.326--724.351, 724.354--
  724.451, Part 724 Appendices A, D, E; Part 725, 
  Sections 725.101--725.248, 725.270--725.530, 
  Part 725 Appendices A, C, D, E; Part 726, 
  Sections 726.120--726.180; Part 728; and Part 
  729, Sections 729.100--729.321; (Illinois 
  Administrative Code, January 1, 1985, as amended 
  January 1, 1986, January 1, 1987, and January 1, 
  1988)...........................................            272.701(a)
Indiana: Indiana Administrative Code, Title 320, 
  Articles 4.1-1-3 through 4.1-37-4, 4.1-37-6 
  through 4.1-39-12, and 4.1-40-1 through 4.1-54-8 
  (1987 Cumulative Supplement, Volume 2, as 
  supplemented by the Indiana Register, Volume 10, 
  Number 8, pages 1563--1690, May 1, 1987)........            272.751(a)
Michigan: (1) Michigan Compiled Laws Annotated, 
  Sections 299.501-506, 299.521-522, 299.532-535, 
  299.537, and 299.539-541 (P.A. 64 of 1979 as 
  amended by P.A. 486 of 1982, effective March 30, 
  1983); (2) Michigan Administrative Code Rules 
  299.9101-9206(3)(g), 299.9206(4)-9208(1), 
  299.9208(3)-9209(1), 9209(4)-9209(6), 
  299.9210(2)-9211(1)(a), 299.9211(1)(c)-9212(4), 
  299.9212(6)-9212(7), 299.9212(8)(b)-9213(1)(a), 
  299.9213(1)(c), 299.9213(2)-9214(6)(b), 
  299.9215-9217, 299.9220, 299.9222, 299.9224-
  9225, 299.9301-9304(1)(b), 299.9304(1)(d)-
  299.9401(5), 299.9402, 299.9404(1) introductory 
  text, 299.9404(1)(b)-9405, 299.9407-9408(1), 
  299.9409-9410, 288.9501-299.9504(1) introductory 
  text, 299.9504(1)(b)-9506, 299.9508-9508(1)(g), 
  299.9508(1)(i)-9521(1)(b), 299.9521(2)-9522, 
  299.9601-9611(2)(a), 299.9611(3)-9623(1)(b), 
  299.9623(3)-9710,299.9801-9804, 299.11001-11008 
  (1985 Annual Michigan Administrative Code 
  Supplement, as supplemented by the April 1988 
  Michigan Register, pages 3-107, and the January 
  1989 Michigan Register, pages 1-27).............           272.1151(a)

[[Page 1106]]

Minnesota: (1) EPA Approved Minnesota Statutory 
  Requirements Applicable to the Hazardous Waste 
  Management Program, April 5, 1994; (2) EPA 
  Approved Minnesota Regulatory Requirements 
  Applicable to the Hazardous Waste Management 
  Program, April 5, 1994..........................              272.1201
Missouri: (1) Missouri Statutory Requirements 
  Applicable to the Hazardous Waste Management 
  Program, 1990; (2) Missouri Regulatory 
  Requirements Applicable to the Hazardous Waste 
  Management Program, December 31, 1990...........           272.1301(a)
Montana: (1) Montana Hazardous Waste Act, Montana 
  Code Annotated sections 75-10-401 through 75-10-
  413 and 75-10-419 through 75-10-421 (1983); (2) 
  Administrative Rules of Montana, Health and 
  Environmental Sciences, sections 16.44.101 
  through 16.44.911 (1983) and the amendments to 
  sections 16.44.104.106, 108, 109, 202, 811, 817 
  and 819 adopted on January 16, 1984.............              272.1351
New Mexico: (1) EPA Approved New Mexico Statutory 
  Requirements Applicable to the Hazardous Waste 
  Management Program, September 1993; (2) EPA 
  Approved New Mexico Regulatory Requirements 
  Applicable to the Hazardous Waste Management 
  Program, September 1993.........................              272.1601
Ohio: (1) Ohio Administrative Code, Volume 4, 
  Chapter 3745 Rules: 49-031; 50-01; 50-03; 50-10; 
  50-11; 50-31 through 50-32; 50-40 through 50-
  44(C)(3)(j); 50-44(C)(4) through 50-44(C)(4)(k); 
  50-44(C)(5) through 50-44(C)(5)(i); 50-44(C)(6) 
  through 50-44(C)(7)(j); 50-44(C)(8) through 51-
  03(C)(2)(b)(ii); 51-03(D) and (E); 51-04 through 
  51-05; 51-06(A)(1) through 51-06(A)(3)(g); 51-
  06(B) through 52-20(F) 52-20 Appendix I through 
  52-34(F); 52-40 through 52-44; 52-50 through 53-
  10; 53-11(D) through 53-20(H); 53-21 through 54-
  99; 55-02 through 55-99; 56-20 through 56-31; 
  56-33(A) and (B); 56-50 through 56-60; 56-70 
  through 56-83; 57-01 through 57-14 (B); 57-
  14(E); 57-15 through 57-18; 57-40 through 58-40; 
  58-42; 58-43 through 58-44; 58-45(A) through 58-
  45(E); 58-45(G); 58-46; 58-50 through 58-54; 58-
  60 through 65-01(C); 65-01(E); 65-10 through 68-
  14(C); 68-14(F); 68-15 through 68-52; 68-70 
  through 68-83; 68-011(A) through 68-011(E); 69-
  01 through 69-30; (OAC June 30, 1990, as 
  supplemented by 1990-1991 Ohio Monthly Record, 
  pages 70-80 (July, 1990)).......................        272.1801(a)(1)
Oklahoma: (1) EPA Approved Oklahoma Statutory 
  Requirements Applicable to the Hazardous Waste 
  Management Program, September 1993; (2) EPA 
  Approved Oklahoma Regulatory Requirements 
  Applicable to the Hazardous Waste Management 
  Program, September 1993.........................              272.1851
Wisconsin: (1) EPA Approved Wisconsin Statutory 
  Requirements Applicable to the Hazardous Waste 
  Management Program, dated August 9, 1993; (2) 
  EPA Approved Wisconsin Regulatory Requirements 
  Applicable to the Hazardous Waste Management 
  Program, dated August 9, 1993...................              272.2501


State Statutes and Regulations (PART 282): APPROVED STATE UNDERGROUND 
STORAGE TANK PROGRAMS


ENVIRONMENTAL PROTECTION AGENCY

Arkansas: (1) Arkansas Statutory Requirements 
  Applicable to the Underground Storage Tank 
  Program, 1995; (2) Arkansas Regulatory 
  Requirements Applicable to the Underground 
  Storage Tank Program, 1995......................       282.53(d)(1)(i)

[[Page 1107]]

Georgia: (1) Georgia Statutory Requirements 
  Applicable to the Underground Storage Tank 
  Program, 1995; (2) Georgia Regulatory 
  Requirements Applicable to the Underground 
  Storage Tank Program, 1995......................       282.60(d)(1)(i)
Iowa: (1) Iowa Statutory Requirements Applicable 
  to the Underground Storage Tank Program, 1994; 
  (2) Iowa Regulatory Requirements Applicable to 
  the Underground Storage Tank Program, 1994......                282.65
Kansas: (1) Kansas Statutory Requirements 
  Applicable to the Underground Storage Tank 
  Program, 1994; (2) Kansas Regulatory 
  Requirements Applicable to the Underground 
  Storage Tank Program, 1994......................                282.66
Louisiana: (1) Louisiana Statutory Requirements 
  Applicable to the Underground Storage Tank 
  Program, 1995; (2) Louisiana Regulatory 
  Requirements Applicable to the Underground 
  Storage Tank Program, 1995......................       282.68(d)(1)(i)
New Hampshire: (1) New Hampshire Statutory 
  Requirements Applicable to the Underground 
  Storage Tank Program, 1993; (2) New Hampshire 
  Regulatory Requirements Applicable to the 
  Underground Storage Tank Program, 1993..........                282.79
New Mexico: (1) New Mexico Statutory Requirements 
  Applicable to the Underground Storage Tank 
  Program, 1995; (2) New Mexico Regulatory 
  Requirements Applicable to the Underground 
  Storage Tank Program, 1995......................       282.81(d)(1)(i)
North Dakota: (1) North Dakota Statutory 
  Requirements Applicable to the Underground 
  Storage Tank Program, 1995; (2) North Dakota 
  Regulatory Requirements Applicable to the 
  Underground Storage Tank Program, 1995..........   Appendix A to Part 
                                                                     282
Oklahoma: (1) Oklahoma Statutory Requirements 
  Applicable to the Underground Storage Tank 
  Program, 1995; (2) Oklahoma Regulatory 
  Requirements Applicable to the Underground 
  Storage Tank Program, 1995......................       282.86(d)(1)(i)
Rhode Island: (1) Rhode Island Statutory 
  Requirements Applicable to the Underground 
  Storage Tank Program, 1995; (2) Rhode Island 
  Regulatory Requirements Applicable to the 
  Underground Storage Tank Program, 1995..........   Appendix A to Part 
                                                                     282
South Dakota: (1) South Dakota Statutory 
  Requirements Applicable to the Underground 
  Storage Tank Program, 1995; (2) South Dakota 
  Regulatory Requirements Applicable to the 
  Underground Storage Tank Program, 1995..........                282.91
Texas: (1) Texas Statutory Requirements Applicable 
  to the Underground Storage Tank Program, 1995; 
  (2) Texas Regulatory Requirments Applicable to 
  the Underground Storage Tank Program, 1995......       282.93(d)(1)(i)
Utah: (1) Utah Statutory Requirements Applicable 
  to the Underground Storage Tank Program, 1995; 
  (2) Utah Regulatory Requirements Applicable to 
  the Underground Storage Tank Program, 1995......       282.94(d)(1)(i)
Vermont: (1) Vermont Statutory Requirements 
  Applicable to the Underground Tank Storage 
  Program, 1995; (2) Vermont Regulatory 
  Requirements Applicable to the Underground 
  Storage Tank Program, 1995......................       282.95(d)(1)(i)


                                                                    Chap.

[[Page 1109]]



                    Table of CFR Titles and Chapters



                      (Revised as of June 30, 1996)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                          Title 2--[Reserved]

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  General Accounting Office (Parts 1--99)
        II  Federal Claims Collection Standards (General 
                Accounting Office--Department of Justice) (Parts 
                100--299)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Advisory Committee on Federal Pay (Parts 1400--1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
       VII  Advisory Commission on Intergovernmental Relations 
                (Parts 1700--1799)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Part 2100)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Part 3202)
      XXVI  Department of Defense (Part 3601)

[[Page 1110]]

       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
      LXIX  Tennessee Valley Authority (Part 7901)
     LXXVI  Federal Retirement Thrift Investment Board (Part 8601)
    LXXVII  Office of Management and Budget (Part 8701)

                          Title 6--[Reserved]

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Consumer Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)

[[Page 1111]]

       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy, Department of Agriculture (Parts 
                2900--2999)
       XXX  Office of Finance and Management, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  [Reserved]
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
     XXXIX  Economic Analysis Staff, Department of Agriculture 
                (Parts 3900--3999)
        XL  Economics Management Staff, Department of Agriculture 
                (Parts 4000--4099)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Immigration and Naturalization Service, Department of 
                Justice (Parts 1--499)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)

[[Page 1112]]

        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Meat and Poultry 
                Inspection, Department of Agriculture (Parts 300--
                399)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
        XI  United States Enrichment Corporation (Parts 1100--
                1199)
        XV  Office of the Federal Inspector for the Alaska Natural 
                Gas Transportation System (Parts 1500--1599)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Thrift Depositor Protection Oversight Board (Parts 
                1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700-1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)

[[Page 1113]]

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Office of Commercial Space Transportation, Department 
                of Transportation (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Export Administration, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

[[Page 1114]]

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  United States Customs Service, Department of the 
                Treasury (Parts 1--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training, Department of Labor 
                (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development, International 
                Development Cooperation Agency (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  United States Information Agency (Parts 500--599)

[[Page 1115]]

        VI  United States Arms Control and Disarmament Agency 
                (Parts 600--699)
       VII  Overseas Private Investment Corporation, International 
                Development Cooperation Agency (Parts 700--799)
        IX  Foreign Service Grievance Board Regulations (Parts 
                900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Board for International Broadcasting (Parts 1300--
                1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)

[[Page 1116]]

      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs and Section 202 Direct Loan Program) 
                (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--999)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3699)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Part 1001)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--799)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Bureau of Alcohol, Tobacco and Firearms, Department of 
                the Treasury (Parts 1--299)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--199)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)

[[Page 1117]]

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Programs, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Pension and Welfare Benefits Administration, 
                Department of Labor (Parts 2500--2599)
      XXVI  Pension Benefit Guaranty Corporation (Parts 2600--
                2699)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
        VI  Bureau of Mines, Department of the Interior (Parts 
                600--699)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)

[[Page 1118]]

       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)
      XXIX  Presidential Commission on the Assignment of Women in 
                the Armed Forces (Part 2900)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)

[[Page 1119]]

       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799)
        XI  National Institute for Literacy (Parts 1100-1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                        Title 35--Panama Canal

         I  Panama Canal Regulations (Parts 1--299)

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
       XIV  Assassination Records Review Board (Parts 1400-1499)

             Title 37--Patents, Trademarks, and Copyrights

         I  Patent and Trademark Office, Department of Commerce 
                (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--799)
         V  Council on Environmental Quality (Parts 1500--1599)

[[Page 1120]]

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans 
                Employment and Training, Department of Labor 
                (Parts 61-1--61-999)
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System
       201  Federal Information Resources Management Regulation 
                (Parts 201-1--201-99)
            Subtitle F--Federal Travel Regulation System
       301  Travel Allowances (Parts 301-1--301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Parts 303-1--303-2)
       304  Payment from a Non-Federal Source for Travel Expenses 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Health Care Financing Administration, Department of 
                Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10005)

[[Page 1121]]

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services, 
                General Administration (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  ACTION (Parts 1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
      XXII  Christopher Columbus Quincentenary Jubilee Commission 
                (Parts 2200--2299)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
        IV  Federal Maritime Commission (Parts 500--599)

[[Page 1122]]

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Department of Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  United States Information Agency (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        22  Small Business Administration (Parts 2200--2299)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  Panama Canal Commission (Parts 3500--3599)
        44  Federal Emergency Management Agency (Parts 4400--4499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399)
        54  Defense Logistics Agency, Department of Defense (Part 
                5452)

[[Page 1123]]

        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Research and Special Programs Administration, 
                Department of Transportation (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Highway Administration, Department of 
                Transportation (Parts 300--399)
        IV  Coast Guard, Department of Transportation (Parts 400--
                499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Regulatory Agencies (Fishing and 
                Whaling) (Parts 300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

[[Page 1124]]

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            Acts Requiring Publication in the Federal Register
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR



[[Page 1125]]





           Alphabetical List of Agencies Appearing in the CFR



                      (Revised as of June 30, 1996)

                                                  CFR Title, Subtitle or
                     Agency                               Chapter

ACTION                                            45, XII
Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Commission on Intergovernmental          5, VII
     Relations
Advisory Committee on Federal Pay                 5, IV
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Analysis Staff                         7, XXXIX
  Economic Research Service                       7, XXXVII
  Economics Management Staff                      7, XL
  Energy, Office of                               7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Finance and Management, Office of               7, XXX
  Food and Consumer Service                       7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Alaska Natural Gas Transportation System, Office  10, XV
     of the Federal Inspector
Alcohol, Tobacco and Firearms, Bureau of          27, I
AMTRAK                                            49, VII

[[Page 1126]]

American Battle Monuments Commission              36, IV
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Arms Control and Disarmament Agency, United       22, VI
     States
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Assassination Records Review Board                36, XIV
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Board for International Broadcasting              22, XIII
Census Bureau                                     15, I
Central Intelligence Agency                       32, XIX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Christopher Columbus Quincentenary Jubilee        45, XXII
     Commission
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Commerce Department                               44, IV
  Census Bureau                                   15, I`
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Export Administration, Bureau of                15, VII
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office                     37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation, Office of        14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Customs Service, United States                    19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51

[[Page 1127]]

  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Defense Mapping Agency                          32, I
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Mapping Agency                            32, I
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Analysis Staff                           7, XXXIX
Economic Development Administration               13, III
Economics Management Staff                        7, XL
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Elementary and Secondary Education, Office of     34, II
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Enrichment Corporation, United States             10, XI
Environmental Protection Agency                   40, I
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                25, III, LXXVII; 48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export Administration, Bureau of                  15, VII
Export-Import Bank of the United States           5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV

[[Page 1128]]

Farm Service Agency                               7, VII, XVIII
Farmers Home Administration                       7, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
Federal Claims Collection Standards               4, II
Federal Communications Commission                 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
  Federal Acquisition Regulation                  48, 44
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II; 49, III
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
Federal Information Resources Management          41, Subtitle E, Ch. 201
     Regulations
Federal Inspector for the Alaska Natural Gas      10, XV
     Transportation System, Office of
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  29, XXVII
Federal Pay, Advisory Committee on                5, IV
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Property Management Regulations System    41, Subtitle C
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Finance and Management, Office of                 7, XXX
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Fishing and Whaling, International Regulatory     50, III
     Agencies
Food and Drug Administration                      21, I
Food and Consumer Service                         7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Accounting Office                         4, I, II
General Services Administration
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Information Resources Management        41, Subtitle E, Ch. 201
     Regulations
[[Page 1129]]

  Federal Property Management Regulations System  41, 101, 105
  Federal Travel Regulation System                41, Subtitle F
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Travel Allowances                               41, 301
Geological Survey                                 30, IV
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Great Lakes Pilotage                              46, III
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          45, Subtitle A
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Health Care Financing Administration            42, IV
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Health Care Financing Administration              42, IV
Housing and Urban Development, Department of      24, Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Human Development Services, Office of             45, XIII
Immigration and Naturalization Service            8, I
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Information Agency, United States                 22, V
  Federal Acquisition Regulation                  48, 19
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Intergovernmental Relations, Advisory Commission  5, VII
     on
Interior Department
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V

[[Page 1130]]

  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  Mines, Bureau of                                30, VI
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, Agency for             22, II
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
  International Development, Agency for           22, II; 48, 7
  Overseas Private Investment Corporation         5, XXXIII; 22, VII
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Regulatory Agencies (Fishing and    50, III
     Whaling)
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                28, I
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             4, II
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration and Naturalization Service          8, I
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department
  Benefits Review Board                           20, VII
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Relations and Cooperative      29, II
       Programs, Bureau of
  Labor-Management Programs, Office of            29, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Pension and Welfare Benefits Administration     29, XXV
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training, Office of    41, 61; 20, IX
       the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Relations and Cooperative        29, II
     Programs, Bureau of
Labor-Management Programs, Office of              29, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII

[[Page 1131]]

  Copyright Office                                37, II
Management and Budget, Office of                  5, III, LXXVII; 48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II
Micronesian Status Negotiations, Office for       32, XXVII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Mines, Bureau of                                  30, VI
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
National Aeronautics and Space Administration     5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National Archives and Records Administration      36, XII
  Information Security Oversight Office           32, XX
National Bureau of Standards                      15, II
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National and Community Service, Corporation for   45, XXV
National Council on Disability                    34, XII
National Credit Union Administration              12, VII
National Drug Control Policy, Office of           21, III
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
National Weather Service                          15, IX
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Panama Canal Commission                           48, 35
Panama Canal Regulations                          35, I
Patent and Trademark Office                       37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX

[[Page 1132]]

Pension and Welfare Benefits Administration       29, XXV
Pension Benefit Guaranty Corporation              29, XXVI
Personnel Management, Office of                   5, I; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Postal Rate Commission                            5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Commission on the Assignment of      32, XXIX
     Women in the Armed Forces
Presidential Documents                            3
Prisons, Bureau of                                28, V
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Regional Action Planning Commissions              13, V
Relocation Allowances                             41, 302
Research and Special Programs Administration      49, I
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     13, I
  Federal Acquisition Regulation                  48, 22
Smithsonian Institution                           36, V
Social Security Administration                    20, III
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  22, I
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Depositor Protection Oversight Board       12, XV
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of
  Coast Guard                                     33, I; 46, I; 49, IV
  Commercial Space Transportation, Office of      14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II; 49, III
  Federal Railroad Administration                 49, II

[[Page 1133]]

  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 49, V
  Research and Special Programs Administration    49, I
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
Transportation, Office of                         7, XXXIII
Travel Allowances                                 41, 301
Treasury Department                               5, XXI; 17, IV
  Alcohol, Tobacco and Firearms, Bureau of        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs Service, United States                  19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  International Investment, Office of             31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
United States Enrichment Corporation              10, XI
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training, Office of the  41, 61; 20, IX
     Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 1135]]

                                     

                                     



                      Table of OMB Control Numbers



         PART 9--OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 1342, 
1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 
Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-1, 300g-2, 
300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 300j-3, 300j-4, 300j-9, 
1857 et seq., 6901-6992k, 7401-7671q, 7542, 9601-9657, 11023, 11048.

Sec. 9.1  OMB approvals under the Paperwork Reduction Act.

    This part consolidates the display of control numbers assigned to 
collections of information in certain EPA regulations by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act (PRA). 
This part fulfills the requirements of section 3507(f) of the PRA.

------------------------------------------------------------------------
                                                            OMB control 
                     40 CFR citation                            No.     
------------------------------------------------------------------------
                           Public Information                           
                                                                        
Part 2, subpart B.......................................       2050-0143
------------------------------------------------------------------------
                                                                        
   General Regulation for Assistance Programs for Other than State and  
                           Local Governments                            
                                                                        
30.400..................................................       2030-0020
30.500..................................................       2030-0020
30.501..................................................       2030-0020
30.503..................................................       2030-0020
30.505..................................................       2030-0020
30.510..................................................       2030-0020
30.520..................................................       2030-0020
30.530..................................................       2030-0020
30.531..................................................       2030-0020
30.532..................................................       2030-0020
30.535..................................................       2030-0020
30.1002.................................................       2030-0020
30.1003.................................................       2030-0020
30.1200.................................................       2030-0020
------------------------------------------------------------------------
                                                                        
     Uniform Administrative Requirements for Grants and Cooperative     
               Agreements to State and Local Governments                
                                                                        
------------------------------------------------------------------------
31.10...................................................       2030-0020
31.20-31.21.............................................       2030-0020
31.31-31.32.............................................       2030-0020
31.36(g)-31.36(h).......................................       2030-0020
31.40...................................................       2030-0020
31.42...................................................       2030-0020
31.6....................................................       2030-0020
                                                                        
------------------------------------------------------------------------
                 Procurement Under Assistance Agreements                
                                                                        
------------------------------------------------------------------------
33.110..................................................       2030-0003
33.211..................................................       2030-0003
                                                                        
------------------------------------------------------------------------
                       State and Local Assistance                       
                                                                        
------------------------------------------------------------------------
35.2015.................................................       2040-0027
35.2025.................................................       2040-0027
35.2034.................................................       2040-0027
35.2040.................................................       2040-0027
35.2105-35.2107.........................................       2040-0027
35.2110.................................................       2040-0027
35.2114.................................................       2040-0027
35.2118.................................................       2040-0027
35.2120.................................................       2040-0027
35.2127.................................................       2040-0027
35.2130.................................................       2040-0027
35.2140.................................................       2040-0027
35.2211-35.2212.........................................       2040-0027
35.2215-35.2216.........................................       2040-0027
35.2218.................................................       2040-0027
35.3010.................................................       2040-0095
35.3030.................................................       2040-0095
35.3130.................................................       2040-0118
35.3135.................................................       2040-0118
35.3140.................................................       2040-0118
35.3145.................................................       2040-0118
35.3150.................................................       2040-0118
35.3155.................................................       2040-0118
35.3160.................................................       2040-0118
35.3165.................................................       2040-0118
35.3170.................................................       2040-0118
35.6055(a)(2)...........................................       2010-0020
35.6055(b)(1)...........................................       2010-0020
35.6055(b)(2)(i)-(ii)...................................       2010-0020
35.6105(a)(2)(i)-(v), (vii).............................       2010-0020
35.6110(b)(2)...........................................       2010-0020
35.6120.................................................       2010-0020
35.6145.................................................       2010-0020
35.6155(a), (c).........................................       2010-0020
35.6230(a), (c).........................................       2010-0020
35.6300(a)(3)...........................................       2010-0020
35.6315(c)..............................................       2010-0020
35.6320.................................................       2010-0020

[[Page 1136]]

                                                                        
35.6340(a)..............................................       2010-0020
35.6350.................................................       2010-0020
35.6500.................................................       2010-0020
35.6550(a)(1)(ii).......................................       2010-0020
35.6550(b)(1)(iii)......................................       2010-0020
35.6550(b)(2)(i)........................................       2010-0020
35.6585.................................................       2010-0020
35.6595(a)..............................................       2010-0020
35.6600(a)..............................................       2010-0020
35.6650.................................................       2010-0020
35.6655.................................................       2010-0020
35.6660.................................................       2010-0020
35.6665(a)..............................................       2010-0020
35.6700.................................................       2010-0020
35.6705.................................................       2010-0020
35.6710.................................................       2010-0020
35.6805.................................................       2010-0020
35.6815 (a), (d), (e)...................................       2010-0020
35.9000-35.9070.........................................       2040-0138
                                                                        
------------------------------------------------------------------------
 Requirements for Preparation, Adoption, and Submittal of Implementation
                                  Plans                                 
                                                                        
------------------------------------------------------------------------
51.160-51.166...........................................       2060-0003
51.321-51.323...........................................       2060-0088
51.353-51.354...........................................       2060-0252
51.365-51.366...........................................       2060-0252
51.370-51.371...........................................       2060-0252
51.850-51.860...........................................       2060-0279
                                                                        
------------------------------------------------------------------------
            Approval and Promulgation of Implementation Plans           
                                                                        
------------------------------------------------------------------------
52.21...................................................       2060-0003
52.741..................................................       2060-0203
                                                                        
------------------------------------------------------------------------
                 Outer Continental Shelf Air Regulations                
                                                                        
------------------------------------------------------------------------
55.4-55.8...............................................       2060-0249
55.11-55.14.............................................       2060-0249
                                                                        
------------------------------------------------------------------------
                    Ambient Air Quality Surveillance                    
                                                                        
------------------------------------------------------------------------
58.11-58.14.............................................       2060-0084
58.20-58.23.............................................       2060-0084
58.25-58.28.............................................       2060-0084
58.30-58.31.............................................       2060-0084
58.33...................................................       2060-0084
58.35...................................................       2060-0084
58.40-58.41.............................................       2060-0084
58.43...................................................       2060-0084
58.45...................................................       2060-0084
58.50...................................................       2060-0084
                                                                        
------------------------------------------------------------------------
         Standards of Performance for New Stationary Sources \1\        
                                                                        
------------------------------------------------------------------------
60.7(d).................................................       2060-0207
60.45-60.47.............................................       2060-0026
60.46a-60.49a...........................................       2060-0023
60.40b..................................................       2060-0072
60.42b..................................................       2060-0072
60.44b-60.49b...........................................       2060-0072
60.42c..................................................       2060-0202
60.44c-60.48c...........................................       2060-0202
60.53-60.54.............................................       2060-0040
60.50a..................................................       2060-0210
60.56a-60.59a...........................................       2060-0210
60.63-60.65.............................................       2060-0025
60.73-60.74.............................................       2060-0019
60.84-60.85.............................................       2060-0041
60.93...................................................       2060-0083
60.104-60.108...........................................       2060-0022
60.113a-60.115a.........................................       2060-0121
60.113b-60.116b.........................................       2060-0074
60.123..................................................       2060-0080
60.133..................................................       2060-0110
60.142-60.144...........................................       2060-0029
60.143a-60.145a.........................................       2060-0029
60.153-60.155...........................................       2060-0035
60.192(b)...............................................       2060-0031
60.194-60.195...........................................       2060-0031
60.203-60.204...........................................       2060-0037
60.213-60.214...........................................       2060-0037
60.223-60.224...........................................       2060-0037
60.233-60.234...........................................       2060-0037
60.243-60.244...........................................       2060-0037
60.253-60.254...........................................       2060-0122
60.273-60.276...........................................       2060-0038
60.273a-60.276a.........................................       2060-0038
60.284-60.286...........................................       2060-0021
60.292-60.293...........................................       2060-0054
60.296..................................................       2060-0054
60.303..................................................       2060-0082
60.310..................................................       2060-0106
60.313-60.316...........................................       2060-0106
60.334-60.335...........................................       2060-0028
60.343-60.344...........................................       2060-0063
60.373-60.374...........................................       2060-0081
60.384-60.386...........................................       2060-0016
60.393-60.396...........................................       2060-0034
60.398..................................................       2060-0034
60.403-60.404...........................................       2060-0111
60.433-60.435...........................................       2060-0105
60.443-60.447...........................................       2060-0004
60.453-60.456...........................................       2060-0108
60.463-60.466...........................................       2060-0107
60.473-60.474...........................................       2060-0002
60.482-2................................................       2060-0012
60.482-3................................................       2060-0012
60.482-4................................................       2060-0012
60.482-7................................................       2060-0012
60.482-8................................................       2060-0012
60.482-10...............................................       2060-0012
60.483-1................................................       2060-0012
60.483-2................................................       2060-0012
60.484-60.487...........................................       2060-0012
60.493-60.496...........................................       2060-0001
60.502-60.503...........................................       2060-0006
60.505..................................................       2060-0006
60.530-60.536...........................................       2060-0161
60.537 (a)(1)-(2), (a)(4)-(5), (b)-(i)..................       2060-0161
60.538-60.539...........................................       2060-0161
60.543 (b)(2)-(4), (c)-(n)..............................       2060-0156
60.544..................................................       2060-0156
60.545 (a)-(d), (f).....................................       2060-0156
60.546 (a)-(e), (f)(4)-(6), (g)-(j).....................       2060-0156
60.547..................................................       2060-0156
60.562-1................................................       2060-0145
60.562-2................................................       2060-0145
60.563-60.565...........................................       2060-0145
60.580..................................................       2060-0073
60.583-60.585...........................................       2060-0073
60.592-60.593...........................................       2060-0067
60.603-60.604...........................................       2060-0059
60.613-60.615...........................................       2060-0197
60.622..................................................       2060-0079
60.624-60.625...........................................       2060-0079
60.632-60.636...........................................       2060-0120
60.640..................................................       2060-0120
60.642-60.644...........................................       2060-0120
60.646-60.647...........................................       2060-0120
60.663-60.665...........................................       2060-0197
60.670..................................................       2060-0050

[[Page 1137]]

                                                                        
60.672..................................................       2060-0050
60.674-60.676...........................................       2060-0050
60.683-60.685...........................................       2060-0114
60.692-1................................................       2060-0172
60.692-2................................................       2060-0172
60.692-3................................................       2060-0172
60.692-4................................................       2060-0172
60.692-5................................................       2060-0172
60.693-1................................................       2060-0172
60.693-2................................................       2060-0172
60.695-60.698...........................................       2060-0172
60.703-60.705...........................................       2060-0269
60.710..................................................       2060-0171
60.713-60.717...........................................       2060-0171
60.722-60.725...........................................       2060-0162
60.734-60.736...........................................       2060-0251
60.740..................................................       2060-0181
60.743-60.747...........................................       2060-0181
                                                                        
------------------------------------------------------------------------
      National Emission Standards for Hazardous Air Pollutants \2\      
                                                                        
------------------------------------------------------------------------
                                                                        
61.24-61.25.............................................       2060-0191
61.32-61.34.............................................       2060-0092
61.53-61.55.............................................       2060-0097
61.65(b)-(d)............................................       2060-0071
61.67-61.71.............................................       2060-0071
61.93-61.95.............................................       2060-0191
61.103-61.105...........................................       2060-0191
61.107..................................................       2060-0191
61.123-61.124...........................................       2060-0191
61.126..................................................       2060-0191
61.132-61.133...........................................       2060-0185
61.135-61.139...........................................       2060-0185
61.142..................................................       2060-0101
61.144-61.147...........................................       2060-0101
61.149..................................................       2060-0101
61.150-61.155...........................................       2060-0101
61.163-61.165...........................................       2060-0043
61.203..................................................       2060-0191
61.206-61.209...........................................       2060-0191
61.223-61.224...........................................       2060-0191
61.242-1................................................       2060-0068
61.242-2................................................       2060-0068
61.242-3................................................       2060-0068
61.242-4................................................       2060-0068
61.242-7................................................       2060-0068
61.242-8................................................       2060-0068
61.242-10...............................................       2060-0068
61.242-11...............................................       2060-0068
61.243-1................................................       2060-0068
61.243-2................................................       2060-0068
61.244-61.247...........................................       2060-0068
61.253-61.255...........................................       2060-0191
61.271-61.276...........................................       2060-0185
61.300..................................................       2060-0182
61.302-61.305...........................................       2060-0182
61.342..................................................       2060-0183
61.344-61.349...........................................       2060-0183
61.354-61.357...........................................       2060-0183
                                                                        
------------------------------------------------------------------------
   National Emission Standards for Hazardous Air Pollutants for Source  
                             Categories \3\                             
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
63.52-63.56.............................................       2060-0266
63.72...................................................       2060-0222
63.74-63.79.............................................       2060-0222
63.91-63.96.............................................       2060-0264
63.103..................................................       2060-0282
63.105..................................................       2060-0282
63.117-63.118...........................................       2060-0282
63.122-63.123...........................................       2060-0282
63.129-63.130...........................................       2060-0282
63.146-63.148...........................................       2060-0282
63.151-63.152...........................................       2060-0282
63.181-63.182...........................................       2060-0282
63.302-63.311...........................................       2060-0253
63.322-63.325...........................................       2060-0234
63.345-63.347...........................................       2060-0327
63.363-63.367...........................................       2060-0283
63.403-63.406...........................................       2060-0268
63.420..................................................       2060-0325
63.422-63.428...........................................       2060-0325
63.467-63.468...........................................       2060-0273
63.525-63.528...........................................       2060-0290
63.548-63.550...........................................       2060-0296
63.563-63.567...........................................       2060-0289
63.653..................................................       2060-0340
63.654..................................................       2060-0340
63.703-63.707...........................................       2060-0326
63.752-63.753...........................................       2060-0341
63.806-63.807...........................................       2060-0324
63.829-63.830...........................................       2060-0335
                                                                        
------------------------------------------------------------------------
                 Chemical Accident Prevention Provisions                
                                                                        
------------------------------------------------------------------------
68.120 (a), (e), and (g)................................       2050-0127
                                                                        
------------------------------------------------------------------------
                     State Operating Permit Programs                    
                                                                        
------------------------------------------------------------------------
70.3-70.11..............................................       2060-0243
                                                                        
------------------------------------------------------------------------
                    Federal Operating Permit Programs                   
                                                                        
------------------------------------------------------------------------
71.5....................................................       2060-0336
71.6(a),(c),(d),(g).....................................       2060-0336
71.7....................................................       2060-0336
71.9(e)-(j).............................................       2060-0336
71.24-71.26.............................................       2060-0276
                                                                        
------------------------------------------------------------------------
                           Permits Regulation                           
                                                                        
------------------------------------------------------------------------
72.7-72.10..............................................       2060-0258
72.20-72.25.............................................       2060-0258
72.30-72.33.............................................       2060-0258
72.40-72.44.............................................       2060-0258
72.50-72.51.............................................       2060-0258
72.60-72.69.............................................       2060-0258
72.70-72.74.............................................       2060-0258
72.80-72.85.............................................       2060-0258
72.90-72.96.............................................       2060-0258
                                                                        
------------------------------------------------------------------------
                            Allowance System                            
                                                                        
------------------------------------------------------------------------
73.10-73.13.............................................       2060-0261
73.16...................................................       2060-0261
73.18-73.21.............................................       2060-0261
73.30-73.38.............................................       2060-0258
73.50-73.53.............................................       2060-0258
73.70-73.77.............................................       2060-0221
73.80-73.86.............................................       2060-0258
73.90...................................................       2060-0258
                                                                        
------------------------------------------------------------------------
                         Sulfur Dioxide Opt-ins                         
                                                                        
------------------------------------------------------------------------
74.12...................................................       2060-0258
74.14...................................................       2060-0258
74.16...................................................       2060-0258
74.18...................................................       2060-0258

[[Page 1138]]

                                                                        
74.20...................................................       2060-0258
74.22...................................................       2060-0258
74.24-74.25.............................................       2060-0258
74.41...................................................       2060-0258
74.43-74.44.............................................       2060-0258
74.46-74.47.............................................       2060-0258
74.60-74.64.............................................       2060-0258
                                                                        
------------------------------------------------------------------------
                     Continuous Emission Monitoring                     
                                                                        
------------------------------------------------------------------------
75.4-75.5...............................................       2060-0258
75.10-75.18.............................................       2060-0258
75.20-75.24.............................................       2060-0258
75.30-75.34.............................................       2060-0258
75.40-75.48.............................................       2060-0258
75.50-75.52.............................................       2060-0258
75.53-75.56.............................................       2060-0258
75.60-75.67.............................................       2060-0258
                                                                        
------------------------------------------------------------------------
               Nitrogen Oxides Emission Reduction Program               
                                                                        
------------------------------------------------------------------------
76.8-76.15..............................................       2060-0258
                                                                        
------------------------------------------------------------------------
                            Excess Emissions                            
                                                                        
------------------------------------------------------------------------
77.3-77.6...............................................       2060-0258
                                                                        
------------------------------------------------------------------------
                 Appeal Procedures for Acid Rain Program                
                                                                        
------------------------------------------------------------------------
78.1-78.20..............................................       2060-0258
                                                                        
------------------------------------------------------------------------
                Registration of Fuels and Fuel Additives                
                                                                        
------------------------------------------------------------------------
79.10-79.11.............................................       2060-0150
79.20-79.21.............................................       2060-0150
79.31-79.33.............................................       2060-0150
79.51(a), (c), (d), (g), (h)............................       2060-0150
79.52...................................................       2060-0150
79.57(a)(5).............................................       2060-0150
79.57(f)(5).............................................       2060-0150
79.58(e)................................................       2060-0150
79.59(b)-(d)............................................       2060-0150
79.60...................................................       2060-0150
79.61(e)................................................       2060-0150
79.62-79.68.............................................       2060-0297
                                                                        
------------------------------------------------------------------------
                 Regulation of Fuels and Fuel Additives                 
                                                                        
------------------------------------------------------------------------
80.20...................................................       2060-0066
80.25...................................................       2060-0066
80.27...................................................       2060-0178
80.29(c)................................................       2060-0308
80.141(c)-(f)...........................................       2060-0275
80.157..................................................       2060-0275
80.158..................................................       2060-0275
80.160..................................................       2060-0275
                                                                        
------------------------------------------------------------------------
                   Protection of Stratospheric Ozone                    
                                                                        
------------------------------------------------------------------------
82.9-82.13..............................................       2060-0170
82.21...................................................       2060-0170
82.36...................................................       2060-0247
82.38...................................................       2060-0247
82.40...................................................       2060-0247
82.42...................................................       2060-0247
82.122..................................................       2060-0259
82.156..................................................       2060-0256
82.160-82.162...........................................       2060-0256
82.164..................................................       2060-0256
82.166..................................................       2060-0256
82.176(a)...............................................       2060-0226
82.176(c)(3)............................................       2060-0226
82.178..................................................       2060-0226
82.180(a)(5)............................................       2060-0226
82.180(b)(3)............................................       2060-0226
82.184(c)...............................................       2060-0226
82.184(e)...............................................       2060-0226
                                                                        
------------------------------------------------------------------------
 Control of Air Pollution From Motor Vehicles and Motor Vehicle Engines 
                                                                        
------------------------------------------------------------------------
85.503..................................................       2060-0104
85.505..................................................       2060-0104
85.1503-85.1507.........................................       2060-0095
85.1509-85.1510.........................................       2060-0095
85.1511(b)-(d), (f).....................................       2060-0095
85.1511(b)(3)...........................................       2060-0007
85.1512.................................................       2060-0095
85.1514-85.1515.........................................       2060-0095
85.1703.................................................       2060-0124
85.1705-85.1706.........................................       2060-0007
85.1901-85.1909.........................................       2060-0048
85.2112-85.2123.........................................       2060-0065
85.2114.................................................       2060-0016
85.2115.................................................       2060-0016
                                                                        
------------------------------------------------------------------------
 Control of Air Pollution From New and In-Use Motor Vehicles and New and
     In-Use Motor Vehicle Engines: Certification and Test Procedures    
                                                                        
------------------------------------------------------------------------
86.079-31-86.079-33.....................................       2060-0104
86.079-36...............................................       2060-0104
86.079-39...............................................       2060-0104
86.080-12...............................................       2060-0104
86.082-34...............................................       2060-0104
86.085-13...............................................       2060-0104
86.085-37...............................................       2060-0104
86.087-38...............................................       2060-0104
86.090..................................................       2060-0104
86.090-21...............................................       2060-0104
86.090-25...............................................       2060-0104
86.090-26...............................................       2060-0104
86.090-27...............................................       2060-0104
86.091-7................................................       2060-0104
86.091-15...............................................       2060-0104
86.091-21...............................................       2060-0104
86.091-23...............................................       2060-0104
86.091-28...............................................       2060-0104
86.091-30...............................................       2060-0104
86.092-14...............................................       2060-0104
86.092-15...............................................       2060-0104
86.092-23...............................................       2060-0104
86.092-24...............................................       2060-0104
86.092-26...............................................       2060-0104
86.092-35...............................................       2060-0104
86.094-7-86.094-9.......................................       2060-0104
86.094-15-86.094-16.....................................       2060-0104
86.094-17...............................................       2060-0104
86.094-18...............................................       2060-0104
86.094-21...............................................       2060-0104
86.094-23...............................................       2060-0104
86.094-24(a)(3)(iii)....................................       2060-0314
86.094-25...............................................       2060-0104
86.094-30...............................................       2060-0104
86.094-35...............................................       2060-0104
86.095-14...............................................       2060-0104
86.095-23...............................................       2060-0104
86.095-24...............................................       2060-0104
86.095-26...............................................       2060-0104
86.095-30...............................................       2060-0104

[[Page 1139]]

                                                                        
86.095-35...............................................       2060-0104
86.096-7................................................       2060-0104
86.096-8................................................       2060-0104
86.096-9................................................       2060-0104
86.096-10...............................................       2060-0104
86.096-14...............................................       2060-0104
86.096-21...............................................       2060-0104
86.096-23...............................................       2060-0104
86.096-24...............................................       2060-0104
86.096-26...............................................       2060-0104
86.096-30...............................................       2060-0104
86.096-35...............................................       2060-0104
86.097-9................................................       2060-0104
86.098-23...............................................       2060-0104
86.098-28...............................................       2060-0104
86.094-38...............................................       2060-0104
86.099-8................................................       2060-0104
86.099-9................................................       2060-0104
86.099-10...............................................       2060-0104
86.111-94...............................................       2060-0104
86.113-82...............................................       2060-0104
86.113-87...............................................       2060-0104
86.113-90...............................................       2060-0104
86.113-91...............................................       2060-0104
86.113-94...............................................       2060-0104
86.135-82...............................................       2060-0104
86.135-90...............................................       2060-0104
86.135-94...............................................       2060-0104
86.142-90...............................................       2060-0104
86.144-90...............................................       2060-0104
86.144-94...............................................       2060-0104
86.150-98...............................................       2060-0104
86.336-79...............................................       2060-0104
86.337-79...............................................       2060-0104
86.412-78...............................................       2060-0104
86.414-78...............................................       2060-0104
86.415-78...............................................       2060-0104
86.416-80...............................................       2060-0104
86.421-78...............................................       2060-0104
86.423-78...............................................       2060-0104
86.427-78...............................................       2060-0104
86.428-80...............................................       2060-0104
86.429-78...............................................       2060-0104
86.431-78...............................................       2060-0104
86.432-78...............................................       2060-0104
86.434-78...............................................       2060-0104
86.435-78...............................................       2060-0104
86.436-78...............................................       2060-0104
86.437-78...............................................       2060-0104
86.438-78...............................................       2060-0104
86.439-78...............................................       2060-0104
86.440-78...............................................       2060-0104
86.513-94...............................................       2060-0104
86.537-90...............................................       2060-0104
86.542-90...............................................       2060-0104
86.603-88...............................................       2060-0064
86.604-84...............................................       2060-0064
86.605-88...............................................       2060-0064
86.606-84...............................................       2060-0064
86.607-84...............................................       2060-0064
86.608-88...............................................       2060-0064
86.608-90...............................................       2060-0064
86.608-96...............................................       2060-0104
86.609-84...............................................       2060-0064
86.609-96...............................................       2060-0104
86.612-84...............................................       2060-0064
86.614-84...............................................       2060-0064
86.615-84...............................................       2060-0064
86.709-94...............................................       2060-0104
86.709-99...............................................       2060-0104
86.884-5................................................       2060-0104
86.884-7................................................       2060-0104
86.884-9................................................       2060-0104
86.884-10...............................................       2060-0104
86.884-12...............................................       2060-0104
86.884-13...............................................       2060-0104
86.1003-88..............................................       2060-0064
86.1003-90..............................................       2060-0064
86.1004-84..............................................       2060-0064
86.1005-88..............................................       2060-0064
68.1005-90..............................................       2060-0064
86.1006-84..............................................       2060-0064
86.1007-84..............................................       2060-0064
86.1008-88..............................................       2060-0064
86.1008-90..............................................       2060-0064
86.1008-96..............................................       2060-0104
86.1009-84..............................................       2060-0064
86.1009-96..............................................       2060-0104
86.1012-84..............................................       2060-0064
86.1014-84..............................................       2060-0064
86.1015-87..............................................       2060-0064
86.1106-87..............................................       2060-0132
86.1108-87..............................................       2060-0132
86.1110-87..............................................       2060-0132
86.1111-87..............................................       2060-0104
86.1112-87-86.1115-87...................................       2060-0132
86.1213-85..............................................       2060-0104
86.1213-87..............................................       2060-0104
86.1242-85..............................................       2060-0104
86.1242-90..............................................       2060-0104
86.1308-84..............................................       2060-0104
86.1310-90..............................................       2060-0104
86.1311-94..............................................       2060-0104
86.1313-84..............................................       2060-0104
86.1313-87..............................................       2060-0104
86.1313-90..............................................       2060-0104
86.1313-91..............................................       2060-0104
86.1313-94..............................................       2060-0104
86.1314-84..............................................       2060-0104
86.1316-84..............................................       2060-0104
86.1316-90..............................................       2060-0104
86.1319-84..............................................       2060-0104
86.1319-90..............................................       2060-0104
86.1321-84..............................................       2060-0104
86.1321-90..............................................       2060-0104
86.1323-84..............................................       2060-0104
86.1327-84..............................................       2060-0104
86.1327-88..............................................       2060-0104
86.1327-90..............................................       2060-0104
86.1332-84..............................................       2060-0104
86.1332-90..............................................       2060-0104
86.1334-84..............................................       2060-0104
86.1335-90..............................................       2060-0104
86.1336-84..............................................       2060-0104
86.1340-84..............................................       2060-0104
86.1340-90..............................................       2060-0104
86.1341-90..............................................       2060-0104
86.1342-90..............................................       2060-0104
86.1344-94..............................................       2060-0104
86.1413.................................................       2060-0104
86.1427.................................................       2060-0104
86.1432.................................................       2060-0104
86.1434.................................................       2060-0104
86.1437.................................................       2060-0104
86.1442.................................................       2060-0104
86.1542-84..............................................       2060-0104
86.1544-84..............................................       2060-0104
86.2500.................................................       2060-0104
                                                                        
------------------------------------------------------------------------
                           Clean-Fuel Vehicles                          
                                                                        
------------------------------------------------------------------------
88.104-94 (a), (c), (e), (f), (g), (h), (i), (j), (k)...       2060-0104
88.105-94...............................................       2060-0104
88.204-94(b)(1).........................................       2060-0314
88.204-94(c)............................................       2060-0314

[[Page 1140]]

                                                                        
88.305-94...............................................       2060-0104
88.306-94(a), (b) introductory text.....................       2060-0104
88.306-94(b)(1).........................................       2060-0314
88.306-94(b)(2).........................................       2060-0314
88.306-94(b)(4).........................................       2060-0314
88.306-94(c)............................................       2060-0314
88.306-94(f)............................................       2060-0314
                                                                        
------------------------------------------------------------------------
        Control of Emissions From New and In-Use Nonroad Engines        
                                                                        
------------------------------------------------------------------------
89.1....................................................       2060-0124
89.2....................................................       2060-0124
89.114-96-89.120-96.....................................       2060-0287
89.122-96-89.127-96.....................................       2060-0287
89.129-96...............................................       2060-0287
89.203-96-89.207-96.....................................       2060-0287
89.209-96-89.211-96.....................................       2060-0287
89.304-96-89.331-96.....................................       2060-0287
89.404-96-89.424-96.....................................       2060-0287
89.505-89.905...........................................       2060-0064
89.511..................................................       2060-0064
89.512..................................................       2060-0064
89.603-89.605...........................................       2060-0095
89.607-89.610...........................................       2060-0095
89.611..................................................      2060-0007,
                                                               2060-0095
89.612..................................................       2060-0095
89.801..................................................       2060-0048
89.803..................................................       2060-0048
89.903..................................................       2060-0048
89.905..................................................       2060-0007
89.906..................................................       2060-0007
                                                                        
------------------------------------------------------------------------
        Control of Emissions From New and In-use Nonroad Engines        
90.107-90.108...........................................       2060-0338
90.113..................................................       2060-0338
90.115-90.124...........................................       2060-0338
90.126..................................................       2060-0338
90.304-90.329...........................................       2060-0338
90.404-90.427...........................................       2060-0338
90.505-90.509...........................................       2060-0295
90.511-90.512...........................................       2060-0295
90.604..................................................       2060-0294
90.611-90.613...........................................       2060-0294
90.800..................................................       2060-0048
90.802-90.804...........................................       2060-0048
90.806..................................................       2060-0048
90.903..................................................       2060-0124
90.905-90.906...........................................       2060-0007
                                                                        
------------------------------------------------------------------------
      Determining Conformity of Federal Actions to State or Federal     
                          Implementation Plans                          
                                                                        
------------------------------------------------------------------------
93.150-93.160...........................................       2060-0279
                                                                        
------------------------------------------------------------------------
                        Mandatory Patent Licenses                       
                                                                        
------------------------------------------------------------------------
95.2....................................................       2060-0307
                                                                        
------------------------------------------------------------------------
                        Oil Pollution Prevention                        
                                                                        
------------------------------------------------------------------------
112.1-112.7.............................................       2050-0021
                                                                        
------------------------------------------------------------------------
 Oil Pollution Prevention; Non-Transportation-Related Onshore Facilities
                                                                        
------------------------------------------------------------------------
112.20..................................................       2050-0135
                                                                        
------------------------------------------------------------------------
   Designation, Reportable Quantities, and Notification for Hazardous   
                               Substances                               
                                                                        
------------------------------------------------------------------------
116.4...................................................       2050-0046
117.3...................................................       2050-0046
117.21..................................................       2050-0046
                                                                        
------------------------------------------------------------------------
   EPA Administered Permit Programs: The National Pollutant Discharge   
                           Elimination System                           
                                                                        
------------------------------------------------------------------------
122.21(f)-(l)...........................................      2040-0086,
                                                               2040-0170
122.21(j)(4)............................................       2040-0150
122.21(m)-(p)...........................................      2040-0068,
                                                               2040-0170
122.26(c), (d)..........................................       2040-0086
122.41(h)...............................................      2040-0068,
                                                               2040-0170
122.41(j)...............................................      2040-0009,
                                                              2040-0110,
                                                               2040-0170
122.41(l)...............................................      2040-0110,
                                                              2040-0068,
                                                               2040-0170
122.42(c)...............................................       2040-0086
122.42(a), (b), (l).....................................      2040-0068,
                                                               2040-0170
122.44(g), (i)..........................................      2040-0004,
                                                               2040-0170
122.44(r)...............................................       2040-0180
122.45(b)...............................................      2040-0004,
                                                               2040-0110
122.45(b)(4)............................................       2040-0068
122.47(a)...............................................      2040-0110,
                                                               2040-0170
122.47(b)...............................................      2040-0110,
                                                              2040-0068,
                                                               2040-0170
122.48..................................................      2040-0004,
                                                               2040-0170
122.62(a)...............................................      2040-0068,
                                                               2040-0170
122.63..................................................      2040-0068,
                                                               2040-0170
                                                                        
------------------------------------------------------------------------
                        State Permit Requirements                       
                                                                        
------------------------------------------------------------------------
123.21-123.24...........................................      2040-0057,
                                                               2040-0170
123.25..................................................      2040-0004,
                                                              2040-0110,
                                                              2040-0170,
                                                               2040-0180
123.26-123.29...........................................      2040-0057,
                                                               2040-0170
123.43..................................................      2040-0057,
                                                               2040-0170
123.44..................................................      2040-0057,
                                                              2040-0170,
                                                               2040-0180
123.45..................................................      2040-0057,
                                                               2040-0170
123.62..................................................      2040-0057,
                                                              2040-0170,
                                                               2040-0180

[[Page 1141]]

                                                                        
123.63..................................................      2040-0057,
                                                              2040-0170,
                                                               2040-0180
123.64..................................................      2040-0057,
                                                               2040-0170
                                                                        
------------------------------------------------------------------------
                      Procedures for Decisionmaking                     
                                                                        
------------------------------------------------------------------------
124.5...................................................       2040-0068
124.31..................................................       2050-0149
124.32..................................................       2050-0149
124.33..................................................       2050-0149
124.53-124.54...........................................       2040-0057
                                                                        
------------------------------------------------------------------------
 Criteria and Standards for the National Pollutant Discharge Elimination
                                 System                                 
                                                                        
------------------------------------------------------------------------
125.59-125.67, and Appendix A and B.....................       2040-0088
                                                                        
------------------------------------------------------------------------
                  Water Quality Planning and Management                 
                                                                        
------------------------------------------------------------------------
130.6-130.10............................................       2040-0071
130.15..................................................       2040-0071
                                                                        
------------------------------------------------------------------------
                   Water Quality Standards Regulation                   
                                                                        
------------------------------------------------------------------------
131.1...................................................       2040-0180
131.5...................................................       2040-0180
131.6-131.8.............................................       2040-0049
131.20..................................................       2040-0049
131.21..................................................      2040-0049,
                                                               2040-0180
131.22..................................................       2040-0049
131.31-131.36...........................................       2040-0049
                                                                        
------------------------------------------------------------------------
            Water Quality Guidance for the Great Lakes System           
                                                                        
------------------------------------------------------------------------
132.1...................................................       2040-0180
132.2...................................................       2040-0180
132.3...................................................       2040-0180
132.4...................................................       2040-0180
132.5...................................................       2040-0180
Part 132, Appendix A....................................       2040-0180
Part 132, Appendix B....................................       2040-0180
Part 132, Appendix C....................................       2040-0180
Part 132, Appendix D....................................       2040-0180
Part 132, Appendix E....................................       2040-0180
Part 132, Appendix F....................................       2040-0180
                                                                        
------------------------------------------------------------------------
              National Primary Drinking Water Regulations               
                                                                        
------------------------------------------------------------------------
141.2...................................................       2040-0090
141.4...................................................       2040-0090
141.11-141.15...........................................       2040-0090
141.21-141.22...........................................       2040-0090
141.23-141.24...........................................       2040-0090
141.25-141.30...........................................       2040-0090
141.31-141.32...........................................       2040-0090
141.33-141.35...........................................       2040-0090
141.40..................................................       2040-0090
141.41-141.43...........................................       2040-0090
141.50-141.52...........................................       2040-0090
141.60-141.63...........................................       2040-0090
141.70-141.75...........................................       2040-0090
141.80-141.91...........................................       2040-0090
141.100.................................................       2040-0090
141.110-141.111.........................................       2040-0090
                                                                        
------------------------------------------------------------------------
       National Primary Drinking Water Regulations Implementation       
                                                                        
------------------------------------------------------------------------
142.2-142.3.............................................       2040-0090
142.10-142.15...........................................       2040-0090
142.16..................................................       2060-0090
142.17-142.24...........................................       2040-0090
142.56-142.57...........................................       2040-0090
142.60-142.61...........................................       2040-0090
142.62..................................................       2040-0090
142.63-142.64...........................................       2040-0090
142.70-142.78...........................................       2040-0090
142.81-142.81...........................................       2040-0090
                                                                        
------------------------------------------------------------------------
                  Underground Injection Control Program                 
                                                                        
------------------------------------------------------------------------
144.8...................................................       2040-0042
144.12..................................................       2040-0042
144.14-144.15...........................................       2040-0042
144.23..................................................       2040-0042
144.25-144.28...........................................       2040-0042
144.31-144.33...........................................       2040-0042
144.38..................................................       2040-0042
144.41..................................................       2040-0042
144.51-144.55...........................................       2040-0042
144.62-144.66...........................................       2040-0042
144.70..................................................       2040-0042
                                                                        
------------------------------------------------------------------------
      Underground Injection Control Program: Criteria and Standards     
                                                                        
------------------------------------------------------------------------
146.10..................................................       2040-0042
146.12-146.15...........................................       2040-0042
146.22-146.25...........................................       2040-0042
146.32-146.35...........................................       2040-0042
146.52..................................................       2040-0042
146.64..................................................       2040-0042
146.66-146.73...........................................       2040-0042
                                                                        
------------------------------------------------------------------------
              State Underground Injection Control Programs              
                                                                        
------------------------------------------------------------------------
147.104.................................................       2040-0042
147.304-147.305.........................................       2040-0042
147.504.................................................       2040-0042
147.754.................................................       2040-0042
147.904.................................................       2040-0042
147.1154................................................       2040-0042
147.1354-147.1355.......................................       2040-0042
147.1454................................................       2040-0042
147.1654................................................       2040-0042
147.1954................................................       2040-0042
147.2103-147.2104.......................................       2040-0042
147.2154................................................       2040-0042
147.2402................................................       2040-0042
147.2905................................................       2040-0042
147.2912-147.2913.......................................       2040-0042
147.2915................................................       2040-0042
147.2918................................................       2040-0042
147.2920-147.2926.......................................       2040-0042
147.2929................................................       2040-0042
147.3002-147.3003.......................................       2040-0042
147.3006-147.3007.......................................       2040-0042
147.3011................................................       2040-0042
147.3014-147.3016.......................................       2040-0042
147.3101................................................       2040-0042
147.3104-147.3105.......................................       2040-0042
147.3107-147.3109.......................................       2040-0042
                                                                        
------------------------------------------------------------------------

[[Page 1142]]

                                                                        
                 Hazardous Waste Injection Restrictions                 
                                                                        
------------------------------------------------------------------------
148.5...................................................       2040-0042
148.20-148.23...........................................       2040-0042
                                                                        
------------------------------------------------------------------------
          Pesticide Registration and Classification Procedures          
                                                                        
------------------------------------------------------------------------
152.46..................................................       2070-0060
152.50..................................................      2070-0024,
                                                             2070-0040 &
                                                               2070-0060
152.80..................................................     2070-0040 &
                                                               2070-0060
152.85..................................................     2070-0040 &
                                                               2070-0060
152.98..................................................       2070-0060
152.122.................................................       2070-0060
152.132.................................................       2070-0044
152.135.................................................       2070-0060
152.164.................................................       2070-0060
152.404.................................................     2070-0040 &
                                                               2070-0060
152.406.................................................     2070-0040 &
                                                               2070-0060
152.412.................................................     2070-0040 &
                                                               2070-0060
152.414.................................................     2070-0040 &
                                                               2070-0060
                                                                        
------------------------------------------------------------------------
                         Registration Standards                         
                                                                        
------------------------------------------------------------------------
155.30..................................................       2070-0057
                                                                        
------------------------------------------------------------------------
            Labeling Requirements for Pesticides and Devices            
                                                                        
------------------------------------------------------------------------
156.36..................................................       2070-0052
156.206.................................................       2070-0060
156.208.................................................       2070-0060
156.210.................................................       2070-0060
156.212.................................................       2070-0060
                                                                        
------------------------------------------------------------------------
            Packaging Requirements for Pesticides and Devices           
                                                                        
------------------------------------------------------------------------
157.22..................................................       2070-0052
157.24..................................................       2070-0052
157.34..................................................       2070-0052
157.36..................................................       2070-0052
                                                                        
------------------------------------------------------------------------
                   Data Requirements for Registration                   
                                                                        
------------------------------------------------------------------------
158.30..................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.32..................................................      2070-0040,
                                                              2070-0053,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.34..................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.45..................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.75..................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.101.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.155.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.160.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.162.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.165.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.167.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.170.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.175.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.180.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.190.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.240.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.290.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.340.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.390.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.440.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.490.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.540.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.590.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.640.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.690.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107

[[Page 1143]]

                                                                        
158.740.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
                                                                        
------------------------------------------------------------------------
                   Good Laboratory Practice Standards                   
                                                                        
------------------------------------------------------------------------
part 160................................................      2070-0024,
                                                              2070-0032,
                                                              2070-0040,
                                                              2070-0055,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
                                                                        
------------------------------------------------------------------------
                State Registration of Pesticide Products                
                                                                        
------------------------------------------------------------------------
162.153.................................................       2070-0055
                                                                        
------------------------------------------------------------------------
           Certification of Usefulness of Pesticide Chemicals           
                                                                        
------------------------------------------------------------------------
163.4...................................................     2070-0060 &
                                                               2070-0024
163.5...................................................     2070-0060 &
                                                               2070-0024
                                                                        
------------------------------------------------------------------------
   Exemption of Federal and State Agencies for Use of Pesticides Under  
                          Emergency Conditions                          
                                                                        
------------------------------------------------------------------------
166.20..................................................       2070-0032
166.32..................................................       2070-0032
166.43..................................................       2070-0032
166.50..................................................       2070-0032
                                                                        
------------------------------------------------------------------------
        Registration of Pesticide and Active Ingredient Producing       
             Establishments, Submission of Pesticide Reports            
                                                                        
------------------------------------------------------------------------
part 167................................................       2070-0078
                                                                        
------------------------------------------------------------------------
         Statements of Enforcement Policies and Interpretations         
                                                                        
------------------------------------------------------------------------
168.65..................................................       2070-0027
168.75..................................................       2070-0027
168.85..................................................      2070-0027,
                                                            2070-0028, &
                                                               2070-0078
                                                                        
------------------------------------------------------------------------
       Books and Records of Pesticide Production and Distribution       
                                                                        
------------------------------------------------------------------------
169.2...................................................       2070-0028
                                                                        
------------------------------------------------------------------------
         Worker Protection Standards for Agricultural Pesticides        
                                                                        
------------------------------------------------------------------------
170.112.................................................       2070-0060
part 170................................................       2070-0148
                                                                        
------------------------------------------------------------------------
                 Certification of Pesticide Applicators                 
                                                                        
------------------------------------------------------------------------
171.7...................................................       2070-0029
171.8...................................................       2070-0029
171.9...................................................       2070-0029
171.10..................................................       2070-0029
171.11..................................................       2070-0029
                                                                        
------------------------------------------------------------------------
                        Experimental Use Permits                        
                                                                        
------------------------------------------------------------------------
172.4...................................................       2070-0040
172.8...................................................       2070-0040
                                                                        
------------------------------------------------------------------------
                  Issuance of Food Additive Regulations                 
                                                                        
------------------------------------------------------------------------
177.81..................................................       2070-0024
177.92..................................................       2070-0024
177.98..................................................       2070-0024
177.99..................................................       2070-0024
177.102.................................................       2070-0024
177.105.................................................       2070-0024
177.110.................................................       2070-0024
177.116.................................................       2070-0024
                                                                        
------------------------------------------------------------------------
 Tolerances and Exemptions from Tolerances for Pesticide Chemicals in or
                     on Raw Agricultural Commodities                    
                                                                        
------------------------------------------------------------------------
180.7...................................................       2070-0024
180.8...................................................       2070-0024
180.9...................................................       2070-0024
180.31..................................................       2070-0024
180.32..................................................       2070-0024
180.33..................................................       2070-0024
                                                                        
------------------------------------------------------------------------
                      404 State Program Regulations                     
                                                                        
------------------------------------------------------------------------
233.10-233.12...........................................       2040-0168
233.21..................................................       2040-0168
233.30..................................................       2040-0168
233.50..................................................       2040-0168
233.52..................................................       2040-0168
233.61..................................................       2040-0140
                                                                        
------------------------------------------------------------------------
              Criteria for Municipal Solid Waste Landfills              
                                                                        
------------------------------------------------------------------------
258.10-258.16...........................................       2050-0122
258.20..................................................       2050-0122
258.23..................................................       2050-0122
258.28-258.29...........................................       2050-0122
258.51..................................................       2050-0122
258.53-258.55...........................................       2050-0122
258.57-258.58...........................................       2050-0122
258.60-258.61...........................................       2050-0122
258.71-258.74...........................................       2050-0122
                                                                        
------------------------------------------------------------------------
               Hazardous Waste Management System: General               
                                                                        
------------------------------------------------------------------------
260.20-260.22...........................................       2050-0053
260.23..................................................       2050-0145
260.31-260.33...........................................       2050-0053
                                                                        
------------------------------------------------------------------------
              Identification and Listing of Hazardous Waste             
                                                                        
------------------------------------------------------------------------
261.3...................................................       2050-0085
261.4...................................................       2050-0053
261.35..................................................       2050-0115
                                                                        
------------------------------------------------------------------------
          Standards Applicable to Generators of Hazardous Waste         
                                                                        
------------------------------------------------------------------------
262.12..................................................       2050-0028
262.20..................................................       2050-0039
262.22-262.23...........................................       2050-0039
262.34..................................................      2050-0035,
                                                               2050-0085

[[Page 1144]]

                                                                        
262.40(a)...............................................       2050-0039
262.40(b)...............................................       2050-0024
262.40(c)...............................................       2050-0035
262.41..................................................       2050-0024
262.42..................................................       2050-0039
262.43..................................................       2050-0035
262.44(a)-(b)...........................................       2050-0039
262.44(c)...............................................       2050-0035
262.53-262.57...........................................       2050-0035
262.60..................................................       2050-0035
                                                                        
------------------------------------------------------------------------
         Standards Applicable to Transporters of Hazardous Waste        
                                                                        
------------------------------------------------------------------------
263.11..................................................       2050-0028
263.20-263.22...........................................       2050-0039
263.30..................................................       2050-0039
                                                                        
------------------------------------------------------------------------
    Standards for Owners and Operators of Hazardous Waste Treatment,    
                    Storage, and Disposal Facilities                    
                                                                        
------------------------------------------------------------------------
264.11..................................................       2050-0028
264.12 (a)..............................................       2050-0120
264.13..................................................     2050-0120 &
                                                               2050-0009
264.14..................................................       2050-0009
264.15..................................................     2050-0120 &
                                                               2050-0009
264.16..................................................     2050-0120 &
                                                               2050-0009
264.17..................................................       2050-0120
264.18..................................................       2050-0009
264.19..................................................       2050-0009
264.32..................................................       2050-0009
264.35..................................................       2050-0009
264.37..................................................       2050-0120
264.51..................................................       2050-0009
264.52..................................................       2050-0009
264.53..................................................       2050-0120
264.54..................................................       2050-0120
264.56..................................................       2050-0120
264.71..................................................       2050-0039
264.72..................................................       2050-0039
264.73..................................................       2050-0120
264.74..................................................       2050-0120
264.75..................................................       2050-0024
264.76..................................................       2050-0039
264.90..................................................       2050-0009
264.96..................................................       2050-0120
264.97 (g)..............................................       2050-0120
264.97 (h)..............................................       2050-0009
264.97 (j)..............................................       2050-0120
264.98 (c), (g)(1), (g)(5), (g)(6)......................       2050-0033
264.98 (g)(4), (h)......................................       2050-0009
264.99 (c), (g), (h)(1), (i)(1), (i)(2).................       2050-0033
264.99 (h)(2), (i)(3), (j)..............................       2050-0009
264.100 (e), (f), (g)...................................       2050-0033
264.100 (h).............................................       2050-0009
264.101.................................................       2050-0120
264.112 (a), (b), (c)...................................       2050-0009
264.112 (d).............................................       2050-0120
264.113 (a), (b), (d)...................................       2050-0120
264.113 (e).............................................       2050-0050
264.115.................................................       2050-0120
264.116.................................................       2050-0120
264.118.................................................       2050-0009
264.119 (a) & (b).......................................       2050-0120
264.119 (c).............................................       2050-0009
264.120.................................................       2050-0120
264.142 (a).............................................       2050-0009
264.142 (b), (c), (d)...................................       2050-0120
264.143.................................................       2050-0120
264.144 (a).............................................       2050-0009
264.144 (b), (c), (d)...................................       2050-0120
264.145.................................................       2050-0120
264.147 (a)(7), (b)(7), (f),(g).........................       2050-0120
264.147 (a)(1), (b)(1), (c), (f), (g), (h), (i), (j)....       2050-0009
264.148.................................................       2050-0120
264.149.................................................       2050-0009
264.150.................................................       2050-0009
264.190.................................................       2050-0050
264.191.................................................       2050-0050
264.192 (a).............................................       2050-0009
264.192 (g).............................................       2050-0050
264.193 (c), (d), (e), (g), (h).........................       2050-0009
264.193 (i).............................................       2050-0050
264.196.................................................       2050-0050
264.197 (b).............................................       2050-0050
264.197 (c).............................................       2050-0009
264.221.................................................       2050-0009
264.222 (a).............................................       2050-0009
264.222 (b).............................................       2050-0050
264.223 (a).............................................       2050-0009
264.223 (b), (c)........................................       2050-0050
264.226 (c).............................................     2050-0050 &
                                                               2050-0009
264.226 (d).............................................       2050-0050
264.227.................................................       2050-0050
264.231.................................................       2050-0009
264.251.................................................       2050-0009
264.252 (a).............................................       2050-0009
264.252 (b).............................................       2050-0050
264.253 (a).............................................       2050-0009
264.253 (b), (c)........................................       2050-0050
264.254.................................................       2050-0050
264.259.................................................       2050-0009
264.271.................................................       2050-0009
264.272.................................................       2050-0009
264.276.................................................     2050-0050 &
                                                               2050-0009
264.278 (a)-(f), (h)....................................       2050-0050
264.278 (g).............................................     2050-0050 &
                                                               2050-0009
264.280.................................................       2050-0050
264.283.................................................       2050-0009
264.301.................................................       2050-0009
264.302 (a).............................................       2050-0009
264.302 (b).............................................       2050-0050
264.303 (a).............................................       2050-0009
264.303 (b).............................................       2050-0050
264.304 (a).............................................       2050-0009
264.304 (b), (c)........................................       2050-0050
264.314.................................................       2050-0050
264.317.................................................       2050-0009
264.340.................................................       2050-0009
264.343.................................................       2050-0050
264.344.................................................       2050-0009
264.347.................................................       2050-0050
264.552.................................................       2050-0009
264.570.................................................       2050-0050
264.571.................................................       2050-0050
264.573.................................................       2050-0050
264.574.................................................       2050-0050
264.575.................................................       2050-0009
264.603.................................................       2050-0050
264.1033 (a)............................................       2050-0009
264.1033 (j)............................................       2050-0050
264.1034................................................       2050-0050
264.1035................................................       2050-0050
264.1036................................................       2050-0050
264.1061................................................       2050-0050
264.1062................................................       2050-0050
264.1063................................................       2050-0050
264.1064................................................     2050-0050 &
                                                               2050-0009

[[Page 1145]]

                                                                        
264.1065................................................       2050-0050
264.1089................................................       2060-0318
264.1090................................................       2060-0318
264.1100................................................       2050-0050
264.1101................................................       2050-0050
                                                                        
------------------------------------------------------------------------
  Interim Status Standards for Owners and Operators of Hazardous Waste  
               Treatment, Storage, and Disposal Facilities              
                                                                        
------------------------------------------------------------------------
265.11..................................................       2050-0028
265.12 (a)..............................................       2050-0120
265.13..................................................       2050-0120
265.15..................................................       2050-0120
265.16..................................................       2050-0120
265.19..................................................       2050-0120
265.37..................................................       2050-0120
265.51..................................................       2050-0120
265.52..................................................       2050-0120
265.53..................................................       2050-0120
265.54..................................................       2050-0120
265.56..................................................       2050-0120
265.71..................................................       2050-0039
265.72..................................................       2050-0039
265.73..................................................       2050-0120
265.75..................................................       2050-0024
265.76..................................................       2050-0039
265.90..................................................       2050-0033
265.92..................................................       2050-0033
265.93..................................................       2050-0033
265.94..................................................       2050-0033
265.112.................................................       2050-0120
265.113 (a), (b), (d)...................................       2050-0120
265.113 (e).............................................       2050-0050
265.115.................................................       2050-0120
265.116.................................................       2050-0120
265.118.................................................       2050-0120
265.119.................................................       2050-0120
265.120.................................................       2050-0120
265.142.................................................       2050-0120
265.143.................................................       2050-0120
265.144.................................................       2050-0120
265.145.................................................       2050-0120
265.147.................................................       2050-0120
265.148.................................................       2050-0120
265.149.................................................       2050-0120
265.150.................................................       2050-0120
265.190.................................................     2050-0035 &
                                                               2050-0050
265.191.................................................     2050-0035 &
                                                               2050-0050
265.192.................................................     2050-0035 &
                                                               2050-0050
265.193.................................................     2050-0035 &
                                                               2050-0050
265.195.................................................       2050-0120
265.196.................................................     2050-0035 &
                                                               2050-0050
265.197 (b).............................................       2050-0050
265.197 (c).............................................       2050-0120
265.221.................................................       2050-0050
265.222.................................................       2050-0050
265.223.................................................       2050-0050
265.225.................................................       2050-0050
265.226.................................................       2050-0050
265.229.................................................       2050-0050
265.254.................................................       2050-0050
265.255.................................................       2050-0050
265.259.................................................       2050-0050
265.260.................................................       2050-0050
265.273.................................................       2050-0120
265.276.................................................       2050-0050
265.278.................................................       2050-0050
265.280.................................................       2050-0050
265.301.................................................       2050-0050
265.302.................................................       2050-0050
265.303.................................................       2050-0050
265.304.................................................       2050-0050
265.314.................................................       2050-0050
265.340.................................................       2050-0050
265.352.................................................       2050-0050
265.383.................................................       2050-0050
265.404.................................................       2050-0050
265.440.................................................       2050-0050
265.441.................................................       2050-0050
265.443.................................................       2050-0050
265.444.................................................       2050-0050
265.445.................................................       2050-0120
265.1033................................................       2050-0050
265.1034................................................       2050-0050
265.1035................................................       2050-0050
265.1061................................................       2050-0050
265.1062................................................       2050-0050
265.1063................................................       2050-0050
265.1064................................................       2050-0050
265.1090................................................       2060-0318
265.1100................................................       2050-0050
265.1101................................................       2050-0050
                                                                        
------------------------------------------------------------------------
 Standards for the Management of Specific Hazardous Wastes and Specific 
             Types of Hazardous Waste Management Facilities             
                                                                        
------------------------------------------------------------------------
266.70 (b)..............................................       2050-0028
266.70 (c)..............................................       2050-0050
266.80..................................................       2050-0028
266.100.................................................       2050-0073
266.102.................................................       2050-0073
266.103.................................................       2050-0073
266.104.................................................       2050-0073
266.106.................................................       2050-0073
266.107.................................................       2050-0073
266.108.................................................       2050-0073
266.109.................................................       2050-0073
266.111.................................................       2050-0073
266.112.................................................       2050-0073
Appendix IX.............................................       2050-0073
                                                                        
------------------------------------------------------------------------
                       Land Disposal Restrictions                       
                                                                        
------------------------------------------------------------------------
268.4-268.5.............................................       2050-0085
268.6...................................................       2050-0062
268.7...................................................       2050-0085
268.9...................................................       2050-0085
268.42..................................................       2050-0085
268.44..................................................       2050-0085
                                                                        
------------------------------------------------------------------------
  EPA Administered Permit Programs: The Hazardous Waste Permit Program  
                                                                        
------------------------------------------------------------------------
270.1...................................................     2050-0028 &
                                                             2050-0034 &
                                                               2050-0009
270.10..................................................       2050-0009
270.11..................................................       2050-0034
270.13..................................................       2050-0034
270.14..................................................       2050-0009
270.14 (b)(21)..........................................     2050-0062 &
                                                               2050-0085
270.15..................................................       2050-0009
270.16..................................................       2050-0009
270.17..................................................       2050-0009
270.18..................................................       2050-0009

[[Page 1146]]

                                                                        
270.19..................................................       2050-0009
270.20..................................................       2050-0009
270.21..................................................       2050-0009
270.22..................................................       2050-0073
270.23..................................................       2050-0009
270.24..................................................       2050-0009
270.25..................................................       2050-0009
270.26..................................................       2050-0115
270.30..................................................       2050-0120
270.33..................................................       2050-0009
270.40..................................................       2050-0009
270.41..................................................       2050-0009
270.42..................................................       2050-0009
270.51..................................................       2050-0009
270.62..................................................     2050-0009 &
                                                               2050-0149
270.63..................................................       2050-0009
270.65..................................................       2050-0009
270.66..................................................     2050-0073 &
                                                               2050-0149
270.72..................................................       2050-0034
270.73..................................................       2050-0009
                                                                        
------------------------------------------------------------------------
    Requirements for Authorization of State Hazardous Waste Programs    
                                                                        
------------------------------------------------------------------------
271.5-271.8.............................................       2050-0041
271.20-271.21...........................................       2050-0041
271.23..................................................       2050-0041
                                                                        
------------------------------------------------------------------------
                Standards for Universal Waste Management                
                                                                        
------------------------------------------------------------------------
273.14..................................................       2050-0145
273.15..................................................       2050-0145
273.18..................................................       2050-0145
273.32..................................................       2050-0145
273.34..................................................       2050-0145
273.35..................................................       2050-0145
273.38..................................................       2050-0145
273.39..................................................       2050-0145
273.61..................................................       2050-0145
273.62..................................................       2050-0145
273.80..................................................       2050-0145
                                                                        
------------------------------------------------------------------------
                  Standards for Management of Used Oil                  
                                                                        
------------------------------------------------------------------------
279.10-279.11...........................................       2050-0124
279.42..................................................      2050-0028,
                                                               2050-0124
279.43-279.44...........................................       2050-0124
279.46..................................................       2050-0050
279.51..................................................       2050-0028
279.52-279.55...........................................       2050-0124
279.56..................................................       2050-0050
279.57..................................................      2050-0050,
                                                               2050-0124
279.62..................................................       2050-0028
279.63..................................................       2050-0124
279.65-279.66...........................................       2050-0050
279.72..................................................       2050-0050
279.73..................................................       2050-0028
279.74-279.75...........................................       2050-0050
279.82..................................................       2050-0124
                                                                        
------------------------------------------------------------------------
  Technical Standards and Corrective Action Requirements for Owners and 
             Operators of Underground Storage Tanks (USTs)              
                                                                        
------------------------------------------------------------------------
                                                                        
280.11(a)...............................................       2050-0068
280.20(a)-(b)...........................................       2050-0068
280.20(e)...............................................       2050-0068
280.22(a)-(f)...........................................       2050-0068
280.22(g)...............................................       2050-0068
280.31..................................................       2050-0068
280.33(f)...............................................       2050-0068
280.34(a)...............................................       2050-0068
280.34(b)...............................................       2050-0068
280.34(c)...............................................       2050-0068
280.40..................................................       2050-0068
280.43..................................................       2050-0068
280.44..................................................       2050-0068
280.45..................................................       2050-0068
280.50..................................................       2050-0068
280.53..................................................       2050-0068
280.61..................................................       2050-0068
280.62..................................................       2050-0068
280.63..................................................       2050-0068
280.64..................................................       2050-0068
280.65..................................................       2050-0068
280.66(a)...............................................       2050-0068
280.66(c)...............................................       2050-0068
280.66(d)...............................................       2050-0068
280.67..................................................       2050-0068
280.71(a)...............................................       2050-0068
280.72(a)...............................................       2050-0068
280.74..................................................       2050-0068
280.95..................................................       2050-0068
280.96..................................................       2050-0068
280.97..................................................       2050-0068
280.98..................................................       2050-0068
280.99..................................................       2050-0068
280.100.................................................       2050-0068
280.101.................................................       2050-0068
280.102.................................................       2050-0068
280.103.................................................       2050-0068
280.104.................................................       2050-0068
280.105.................................................       2050-0068
280.106.................................................       2050-0068
280.107.................................................       2050-0068
280.108.................................................       2050-0068
280.109(a)..............................................       2050-0068
280.109(b)..............................................       2050-0068
280.110.................................................       2050-0068
280.111.................................................       2050-0068
280.111(b)(11)..........................................       2050-0068
280.114(a)-(d)..........................................       2050-0068
280.114(e)..............................................       2050-0068
                                                                        
------------------------------------------------------------------------
           Approval of State Underground Storage Tank Programs          
                                                                        
------------------------------------------------------------------------
281.120(a)..............................................       2050-0068
281.120(g)..............................................       2050-0068
281.121.................................................       2050-0068
281.122.................................................       2050-0068
281.124.................................................       2050-0068
281.125.................................................       2050-0068
281.140.................................................       2050-0068
281.143(a)..............................................       2050-0068
281.150.................................................       2050-0068
281.152.................................................       2050-0068
281.161.................................................       2050-0068
                                                                        
------------------------------------------------------------------------
    National Oil and Hazardous Substances Pollution Contingency Plan    
                                                                        
------------------------------------------------------------------------
300.405.................................................       2050-0046
300.425.................................................       2050-0095
300.430.................................................       2050-0096
300.435.................................................       2050-0096
300.920.................................................       2050-0141
Part 300, Appendix A....................................       2050-0095
                                                                        
------------------------------------------------------------------------

[[Page 1147]]

                                                                        
          Designation, reportable quantities, and notification          
                                                                        
------------------------------------------------------------------------
302.4...................................................       2050-0046
302.6...................................................       2050-0046
302.8...................................................       2050-0086
                                                                        
------------------------------------------------------------------------
       Hazardous Substances Superfund; Response Claims Procedures       
                                                                        
------------------------------------------------------------------------
307.11-307.14...........................................       2050-0106
307.21-307.23...........................................       2050-0106
307.30-307.32...........................................       2050-0106
                                                                        
------------------------------------------------------------------------
 Reimbursement to Local Governments for Emergency Response to Hazardous 
                           Substance Releases                           
                                                                        
------------------------------------------------------------------------
310.05..................................................       2050-0077
310.10-310.12...........................................       2050-0077
310.20..................................................       2050-0077
310.30..................................................       2050-0077
310.40..................................................       2050-0077
310.50..................................................       2050-0077
310.60..................................................       2050-0077
310.70..................................................       2050-0077
310.80..................................................       2050-0077
310.90..................................................       2050-0077
Part 310, Appendix II...................................       2050-0077
                                                                        
------------------------------------------------------------------------
Worker Protection Standards for Hazardous Waste Operations and Emergency
                                Response                                
                                                                        
------------------------------------------------------------------------
311.1-311.2.............................................       2050-0105
                                                                        
------------------------------------------------------------------------
Trade Secrecy Claims for Emergency Planning and Community Right-to-Know;
                          Health Professionals                          
                                                                        
------------------------------------------------------------------------
350.5-350.16............................................       2050-0078
350.27..................................................       2050-0078
350.40..................................................       2050-0078
                                                                        
------------------------------------------------------------------------
                   Emergency planning and notification                  
                                                                        
------------------------------------------------------------------------
Part 355, Appendix A, Appendix B........................       2050-0046
                                                                        
------------------------------------------------------------------------
        Toxic Chemical Release Reporting: Community Right-to-Know       
                                                                        
------------------------------------------------------------------------
part 372................................................       2070-0093
part 372, subpart A.....................................     2070-0093 &
                                                               2070-0143
372.22..................................................     2070-0093 &
                                                               2070-0143
372.25..................................................       2070-0093
372.27..................................................       2070-0143
372.30..................................................     2070-0093 &
                                                               2070-0143
372.38..................................................     2070-0093 &
                                                               2070-0143
part 372, subpart C.....................................     2070-0093 &
                                                               2070-0143
part 372, subpart D.....................................     2070-0093 &
                                                               2070-0143
372.85..................................................       2070-0093
372.95..................................................       2070-0143
                                                                        
------------------------------------------------------------------------
    General Pretreatment Regulations for Existing and New Sources of    
                                Pollution                               
                                                                        
------------------------------------------------------------------------
403.5(b)................................................       2040-0009
403.6-403.7.............................................       2040-0009
403.8(a)-(e)............................................       2040-0009
403.8(f)................................................       2040-0009
403.9-403.10............................................       2040-0009
403.12(b)-(g)...........................................       2040-0009
403.12 (h), (i).........................................       2040-0009
403.12 (j), (k), (l), (o)...............................       2040-0009
403.12 (m), (p).........................................       2040-0009
403.13..................................................       2040-0009
403.15..................................................       2040-0009
403.17-403.18...........................................      2040-0009,
                                                               2040-0170
                                                                        
------------------------------------------------------------------------
            Steam Electric Generating Point Source Category             
                                                                        
------------------------------------------------------------------------
423.12-423.13...........................................       2040-0033
423.15..................................................       2040-0033
                                                                        
------------------------------------------------------------------------
           Pulp, Paper, and Paperboard Point Source Category            
                                                                        
------------------------------------------------------------------------
430.14-430.17...........................................       2040-0033
430.24-430.27...........................................       2040-0033
430.54-430.57...........................................       2040-0033
430.64-430.67...........................................       2040-0033
430.74-430.77...........................................       2040-0033
430.84-430.87...........................................       2040-0033
430.94-430.97...........................................       2040-0033
430.104-430.107.........................................       2040-0033
430.114-430.117.........................................       2040-0033
430.134-430.137.........................................       2040-0033
430.144-430.147.........................................       2040-0033
430.154-430.157.........................................       2040-0033
430.164-430.167.........................................       2040-0033
430.174-430.177.........................................       2040-0033
430.184-430.187.........................................       2040-0033
430.194-430.197.........................................       2040-0033
430.204-430.207.........................................       2040-0033
430.214-430.217.........................................       2040-0033
430.224-430.227.........................................       2040-0033
430.234-430.237.........................................       2040-0033
430.244-430.247.........................................       2040-0033
430.254-430.257.........................................       2040-0033
430.264-430.267.........................................       2040-0033
                                                                        
------------------------------------------------------------------------
        The Builders' Paper and Board Mills Point Source Category       
                                                                        
------------------------------------------------------------------------
431.14-431.17...........................................       2040-0033
                                                                        
------------------------------------------------------------------------
            Pharmaceutical Manufacturing Point Source Category          
                                                                        
------------------------------------------------------------------------
439.14-439.17...........................................       2040-0033
439.24-439.27...........................................       2040-0033
439.34-439.37...........................................       2040-0033
439.44-439.47...........................................       2040-0033
                                                                        
------------------------------------------------------------------------
                   Coil Coating Point Source Category                   
                                                                        
------------------------------------------------------------------------
465.03..................................................       2040-0033
                                                                        
------------------------------------------------------------------------
               Porcelain Enameling Point Source Category                
                                                                        
------------------------------------------------------------------------
466.03..................................................       2040-0033
                                                                        
------------------------------------------------------------------------

[[Page 1148]]

                                                                        
                 Aluminum Forming Point Source Category                 
                                                                        
------------------------------------------------------------------------
467.03..................................................       2040-0033
                                                                        
------------------------------------------------------------------------
              State Sludge Management Program Requirements              
                                                                        
------------------------------------------------------------------------
501.15(a)...............................................      2040-0086,
                                                               2040-0110
501.15(b)...............................................      2040-0004,
                                                              2040-0068,
                                                               2040-0110
501.15(c)...............................................       2040-0068
501.16..................................................       2040-0057
501.21..................................................       2040-0057
                                                                        
------------------------------------------------------------------------
           Standards for the Use or Disposal of Sewage Sludge           
                                                                        
------------------------------------------------------------------------
503.17-503.18...........................................       2040-0157
503.27-503.28...........................................       2040-0157
503.47-503.48...........................................       2040-0157
                                                                        
------------------------------------------------------------------------
                     Fuel Economy of Motor Vehicles                     
                                                                        
------------------------------------------------------------------------
600.006-86..............................................       2060-0104
600.007-80..............................................       2060-0104
600.010-86..............................................       2060-0104
600.113-88..............................................       2060-0104
600.113-93..............................................       2060-0104
600.206-86..............................................       2060-0104
600.207-86..............................................       2060-0104
600.209-85..............................................       2060-0104
600.306-86..............................................       2060-0104
600.307-86..............................................       2060-0104
600.311-86..............................................       2060-0104
600.312-86..............................................       2060-0104
600.313-86..............................................       2060-0104
600.314-86..............................................       2060-0104
600.507-86..............................................       2060-0104
600.509-86..............................................       2060-0104
600.510-86..............................................       2060-0104
600.512-86..............................................       2060-0104
                                                                        
------------------------------------------------------------------------
                  Toxic Substances Control Act: General                 
                                                                        
------------------------------------------------------------------------
700.45..................................................     2070-0012 &
                                                               2070-0038
                                                                        
------------------------------------------------------------------------
                Reporting and Recordkeeping Requirements                
                                                                        
------------------------------------------------------------------------
704.5...................................................     2010-0019 &
                                                               2070-0067
704.11..................................................     2010-0019 &
                                                               2070-0067
704.25..................................................       2070-0067
704.33..................................................       2070-0067
704.43..................................................       2070-0067
704.45..................................................       2070-0067
704.95..................................................       2070-0067
704.102.................................................       2070-0067
704.104.................................................       2070-0067
704.175.................................................       2070-0067
                                                                        
------------------------------------------------------------------------
                      Chemical Imports and Exports                      
                                                                        
------------------------------------------------------------------------
707.65..................................................       2070-0030
707.67..................................................       2070-0030
707.72..................................................       2070-0030
                                                                        
------------------------------------------------------------------------
                     Inventory Reporting Regulations                    
                                                                        
------------------------------------------------------------------------
part 710................................................       2070-0070
                                                                        
------------------------------------------------------------------------
                       Chemical Information Rules                       
                                                                        
------------------------------------------------------------------------
712.5...................................................       2070-0054
712.7...................................................       2070-0054
712.20..................................................       2070-0054
712.28..................................................       2070-0054
712.30..................................................       2070-0054
                                                                        
------------------------------------------------------------------------
                    Health and Safety Data Reporting                    
                                                                        
------------------------------------------------------------------------
716.5...................................................       2070-0004
716.10..................................................       2070-0004
716.20..................................................       2070-0004
716.25..................................................       2070-0004
716.30..................................................       2070-0004
716.35..................................................       2070-0004
716.40..................................................       2070-0004
716.45..................................................       2070-0004
716.50..................................................       2070-0004
716.60..................................................       2070-0004
716.65..................................................       2070-0004
716.105.................................................       2070-0004
716.120.................................................       2070-0004
                                                                        
------------------------------------------------------------------------
    Records and Reports of Allegations that Chemical Substances Cause   
       Significant Adverse Reactions to Health or the Environment       
                                                                        
------------------------------------------------------------------------
717.5...................................................       2070-0017
717.7...................................................       2070-0017
717.12..................................................       2070-0017
717.15..................................................       2070-0017
717.17..................................................       2070-0017
                                                                        
------------------------------------------------------------------------
                       Premanufacture Notification                      
                                                                        
------------------------------------------------------------------------
720.1...................................................       2070-0012
720.22..................................................       2070-0012
720.25..................................................       2070-0012
720.30..................................................       2070-0012
720.36..................................................       2070-0012
720.38..................................................       2070-0012
part 720, subpart C.....................................       2070-0012
720.62..................................................       2070-0012
720.75..................................................       2070-0012
720.78..................................................       2070-0012
720.80..................................................       2070-0012
720.85..................................................       2070-0012
720.87..................................................       2070-0012
720.90..................................................       2070-0012
720.102.................................................       2070-0012
part 720, Appendix A....................................       2070-0012
                                                                        
------------------------------------------------------------------------
               Significant New Uses of Chemical Substances              
                                                                        
------------------------------------------------------------------------
part 721, subpart A.....................................     2070-0012 &
                                                               2070-0038
721.72..................................................     2070-0012 &
                                                               2070-0038
721.125.................................................     2070-0012 &
                                                               2070-0038
721.160.................................................     2070-0012 &
                                                               2070-0038
721.170.................................................     2070-0012 &
                                                               2070-0038

[[Page 1149]]

                                                                        
721.185.................................................     2070-0012 &
                                                               2070-0038
721.225.................................................       2070-0012
721.275.................................................       2070-0012
721.285.................................................       2070-0012
721.320.................................................       2070-0012
721.323.................................................       2070-0012
721.325.................................................       2070-0012
721.370.................................................       2070-0012
721.390.................................................       2070-0012
721.400.................................................       2070-0012
721.415.................................................       2070-0012
721.430.................................................       2070-0012
721.445.................................................       2070-0012
721.460.................................................       2070-0012
721.470.................................................       2070-0012
721.490.................................................       2070-0012
721.505.................................................       2070-0012
721.520.................................................       2070-0012
721.530.................................................       2070-0012
721.536.................................................       2070-0012
721.540.................................................       2070-0012
721.550.................................................       2070-0012
721.562.................................................       2070-0012
721.575.................................................       2070-0012
721.600.................................................       2070-0012
721.625.................................................       2070-0012
721.639.................................................       2070-0012
721.642.................................................       2070-0012
721.650.................................................       2070-0038
721.700.................................................       2070-0012
721.715.................................................       2070-0012
721.750.................................................       2070-0012
721.757.................................................       2070-0012
721.775.................................................       2070-0012
721.805.................................................       2070-0012
721.825.................................................       2070-0012
721.840.................................................       2070-0012
721.875.................................................       2070-0012
721.925.................................................       2070-0012
721.950.................................................       2070-0012
721.982.................................................       2070-0012
721.1000................................................       2070-0012
721.1025................................................       2070-0038
721.1050................................................       2070-0012
721.1068................................................       2070-0012
721.1075................................................       2070-0012
721.1120................................................       2070-0012
721.1150................................................       2070-0012
721.1175................................................       2070-0012
721.1187................................................       2070-0012
721.1193................................................       2070-0012
721.1210................................................       2070-0012
721.1225................................................       2070-0012
721.1240................................................       2070-0012
721.1300................................................       2070-0012
721.1325................................................       2070-0012
721.1350................................................       2070-0012
721.1372................................................       2070-0012
721.1375................................................       2070-0012
721.1425................................................       2070-0038
721.1430................................................       2070-0038
721.1435................................................       2070-0038
721.1440................................................       2070-0038
721.1450................................................       2070-0012
721.1500................................................       2070-0012
721.1525................................................       2070-0012
721.1550................................................       2070-0012
721.1555................................................       2070-0012
721.1568................................................       2070-0012
721.1575................................................       2070-0012
721.1612................................................       2070-0012
721.1625................................................       2070-0012
721.1630................................................       2070-0012
721.1637................................................       2070-0012
721.1640................................................       2070-0012
721.1643................................................       2070-0012
721.1645................................................       2070-0012
721.1650................................................       2070-0012
721.1675................................................       2070-0012
721.1700................................................       2070-0012
721.1725................................................       2070-0012
721.1728................................................       2070-0012
721.1732................................................       2070-0012
721.1735................................................       2070-0012
721.1740................................................       2070-0012
721.1745................................................       2070-0012
721.1750................................................       2070-0012
721.1755................................................       2070-0012
721.1765................................................       2070-0012
721.1769................................................       2070-0012
721.1775................................................       2070-0012
721.1790................................................       2070-0038
721.1800................................................       2070-0012
721.1820................................................       2070-0012
721.1825................................................       2070-0012
721.1850................................................       2070-0012
721.1875................................................       2070-0012
721.1900................................................       2070-0012
721.1907................................................       2070-0012
721.1920................................................       2070-0012
721.1925................................................       2070-0012
721.1950................................................       2070-0012
721.2025................................................       2070-0012
721.2050................................................       2070-0012
721.2075................................................       2070-0012
721.2084................................................       2070-0038
721.2085................................................       2070-0012
721.2086................................................       2070-0012
721.2088................................................       2070-0012
721.2089................................................       2070-0012
721.2092................................................       2070-0038
721.2120................................................       2070-0012
721.2140................................................       2070-0012
721.2170................................................       2070-0012
721.2175................................................       2070-0012
721.2250................................................       2070-0012
721.2260................................................       2070-0012
721.2270................................................       2070-0012
721.2275................................................       2070-0012
721.2287................................................       2070-0038
721.2340................................................       2070-0012
721.2355................................................       2070-0038
721.2380................................................       2070-0012
721.2410................................................       2070-0012
721.2420................................................       2070-0012
721.2475................................................       2070-0012
721.2520................................................       2070-0012
721.2540................................................       2070-0012
721.2560................................................       2070-0012
721.2565................................................       2070-0012
721.2575................................................       2070-0012
721.2600................................................       2070-0038
721.2625................................................       2070-0012
721.2650................................................       2070-0012
721.2675................................................       2070-0012
721.2725................................................       2070-0038
721.2750................................................       2070-0012
721.2800................................................       2070-0038
721.2815................................................       2070-0012
721.2825................................................       2070-0012
721.2840................................................       2070-0012
721.2860................................................       2070-0012
721.2880................................................       2070-0012
721.2900................................................       2070-0012
721.2920................................................       2070-0012

[[Page 1150]]

                                                                        
721.2930................................................       2070-0012
721.2940................................................       2070-0012
721.2950................................................       2070-0012
721.2980................................................       2070-0012
721.3000................................................       2070-0012
721.3020................................................       2070-0012
721.3028................................................       2070-0012
721.3034................................................       2070-0012
721.3040................................................       2070-0012
721.3060................................................       2070-0012
721.3080................................................       2070-0012
721.3100................................................       2070-0012
721.3120................................................       2070-0012
721.3140................................................       2070-0012
721.3152................................................       2070-0012
721.3160................................................       2070-0038
721.3180................................................       2070-0012
721.3200................................................       2070-0012
721.3220................................................       2070-0038
721.3248................................................       2070-0012
721.3260................................................       2070-0012
721.3320................................................       2070-0012
721.3340................................................       2070-0012
721.3350................................................       2070-0038
721.3360................................................       2070-0012
721.3364................................................       2070-0012
721.3374................................................       2070-0012
721.3380................................................       2070-0012
721.3390................................................       2070-0012
721.3420................................................       2070-0012
721.3430................................................       2070-0038
721.3435................................................       2070-0012
721.3437................................................       2070-0012
721.3440................................................       2070-0012
721.3460................................................       2070-0012
721.3480................................................       2070-0012
721.3486................................................       2070-0012
721.3500................................................       2070-0012
721.3520................................................       2070-0012
721.3560................................................       2070-0012
721.3620................................................       2070-0012
721.3625................................................       2070-0012
721.3627................................................       2070-0012
721.3629................................................       2070-0012
721.3640................................................       2070-0012
721.3680................................................       2070-0012
721.3700................................................       2070-0012
721.3720................................................       2070-0012
721.3740................................................       2070-0012
721.3760................................................       2070-0012
721.3764................................................       2070-0012
721.3780................................................       2070-0012
721.3790................................................       2070-0012
721.3800................................................       2070-0012
721.3815................................................       2070-0012
721.3840................................................       2070-0012
721.3860................................................       2070-0012
721.3870................................................       2070-0012
721.3880................................................       2070-0012
721.3900................................................       2070-0012
721.4000................................................       2070-0012
721.4020................................................       2070-0012
721.4040................................................       2070-0012
721.4060................................................       2070-0012
721.4080................................................       2070-0038
721.4100................................................       2070-0012
721.4110................................................       2070-0012
721.4128................................................       2070-0012
721.4133................................................       2070-0012
721.4140................................................       2070-0038
721.4155................................................       2070-0038
721.4160................................................       2070-0038
721.4180................................................       2070-0038
721.4200................................................       2070-0012
721.4215................................................       2070-0012
721.4220................................................       2070-0012
721.4240................................................       2070-0012
721.4250................................................       2070-0012
721.4255................................................       2070-0012
721.4260................................................       2070-0012
721.4270................................................       2070-0012
721.4280................................................       2070-0012
721.4300................................................       2070-0012
721.4320................................................       2070-0012
721.4340................................................       2070-0012
721.4360................................................       2070-0038
721.4380................................................       2070-0012
721.4390................................................       2070-0012
721.4400................................................       2070-0012
721.4420................................................       2070-0012
721.4460................................................       2070-0012
721.4463................................................       2070-0012
721.4466................................................       2070-0012
721.4470................................................       2070-0012
721.4473................................................       2070-0012
721.4480................................................       2070-0012
721.4490................................................       2070-0012
721.4500................................................       2070-0012
721.4520................................................       2070-0012
721.4550................................................       2070-0012
721.4568................................................       2070-0012
721.4585................................................       2070-0012
721.4590................................................       2070-0012
721.4594................................................       2070-0012
721.4600................................................       2070-0012
721.4620................................................       2070-0012
721.4640................................................       2070-0012
721.4660................................................       2070-0012
721.4680................................................       2070-0012
721.4700................................................       2070-0012
721.4720................................................       2070-0012
721.4740................................................       2070-0038
721.4780................................................       2070-0012
721.4790................................................       2070-0012
721.4794................................................       2070-0012
721.4800................................................       2070-0012
721.4820................................................       2070-0012
721.4840................................................       2070-0012
721.4880................................................       2070-0012
721.4925................................................       2070-0038
721.5050................................................       2070-0012
721.5075................................................       2070-0012
721.5175................................................       2070-0038
721.5192................................................       2070-0012
721.5200................................................       2070-0012
721.5225................................................       2070-0012
721.5250................................................       2070-0012
721.5275................................................       2070-0012
721.5278................................................       2070-0012
721.5282................................................       2070-0012
721.5285................................................       2070-0012
721.5300................................................       2070-0012
721.5310................................................       2070-0012
721.5325................................................       2070-0012
721.5330................................................       2070-0012
721.5350................................................       2070-0012
721.5375................................................       2070-0012
721.5385................................................       2070-0012
721.5400................................................       2070-0012
721.5425................................................       2070-0012
721.5450................................................       2070-0012
721.5475................................................       2070-0012
721.5500................................................       2070-0012
721.5525................................................       2070-0012
721.5540................................................       2070-0012
721.5550................................................       2070-0012

[[Page 1151]]

                                                                        
721.5575................................................       2070-0012
721.5600................................................       2070-0038
721.5700................................................       2070-0012
721.5705................................................       2070-0012
721.5710................................................       2070-0038
721.5740................................................       2070-0012
721.5760................................................       2070-0012
721.5763................................................       2070-0012
721.5769................................................       2070-0012
721.5780................................................       2070-0012
721.5800................................................       2070-0012
721.5820................................................       2070-0012
721.5840................................................       2070-0012
721.5860................................................       2070-0012
721.5867................................................       2070-0012
721.5880................................................       2070-0012
721.5900................................................       2070-0012
721.5910................................................       2070-0012
721.5915................................................       2070-0012
721.5920................................................       2070-0012
721.5960................................................       2070-0012
721.5970................................................       2070-0012
721.5980................................................       2070-0012
721.5990................................................       2070-0012
721.6000................................................       2070-0038
721.6020................................................       2070-0012
721.6060................................................       2070-0012
721.6070................................................       2070-0012
721.6080................................................       2070-0012
721.6085................................................       2070-0012
721.6090................................................       2070-0012
721.6100................................................       2070-0012
721.6110................................................       2070-0012
721.6120................................................       2070-0012
721.6140................................................       2070-0012
721.6160................................................       2070-0012
721.6180................................................       2070-0012
721.6186................................................       2070-0012
721.6200................................................       2070-0012
721.6220................................................       2070-0012
721.6440................................................       2070-0012
721.6470................................................       2070-0012
721.6500................................................       2070-0012
721.6520................................................       2070-0012
721.6540................................................       2070-0012
721.6560................................................       2070-0012
721.6580................................................       2070-0012
721.6600................................................       2070-0012
721.6620................................................       2070-0012
721.6625................................................       2070-0012
721.6640................................................       2070-0012
721.6660................................................       2070-0012
721.6680................................................       2070-0012
721.6700................................................       2070-0012
721.6720................................................       2070-0012
721.6740................................................       2070-0012
721.6760................................................       2070-0012
721.6780................................................       2070-0012
721.6820................................................       2070-0012
721.6840................................................       2070-0012
721.6880................................................       2070-0012
721.6900................................................       2070-0012
721.6920................................................       2070-0012
721.6940................................................       2070-0012
721.6960................................................       2070-0012
721.6980................................................       2070-0012
721.7000................................................       2070-0012
721.7020................................................       2070-0012
721.7040................................................       2070-0012
721.7046................................................       2070-0012
721.7080................................................       2070-0012
721.7100................................................       2070-0012
721.7140................................................       2070-0012
721.7160................................................       2070-0012
721.7180................................................       2070-0012
721.7200................................................       2070-0012
721.7210................................................       2070-0012
721.7220................................................       2070-0012
721.7240................................................       2070-0012
721.7260................................................       2070-0012
721.7280................................................       2070-0012
721.7300................................................       2070-0012
721.7320................................................       2070-0012
721.7340................................................       2070-0012
721.7360................................................       2070-0012
721.7370................................................       2070-0012
721.7400................................................       2070-0012
721.7420................................................       2070-0012
721.7440................................................       2070-0012
721.7450................................................       2070-0012
721.7460................................................       2070-0012
721.7480................................................       2070-0012
721.7500................................................       2070-0012
721.7540................................................       2070-0012
721.7560................................................       2070-0012
721.7580................................................       2070-0012
721.7600................................................       2070-0012
721.7620................................................       2070-0012
721.7655................................................       2070-0012
721.7660................................................       2070-0012
721.7680................................................       2070-0012
721.7780................................................       2070-0012
721.7710................................................       2070-0012
721.7720................................................       2070-0012
721.7700................................................       2070-0012
721.7740................................................       2070-0012
721.7760................................................       2070-0012
721.7770................................................       2070-0012
721.8075................................................       2070-0012
721.8082................................................       2070-0012
721.8090................................................       2070-0012
721.8100................................................       2070-0012
721.8155................................................       2070-0012
721.8160................................................       2070-0012
721.8170................................................       2070-0012
721.8175................................................       2070-0012
721.8225................................................       2070-0012
721.8250................................................       2070-0012
721.8265................................................       2070-0012
721.8275................................................       2070-0012
721.8290................................................       2070-0012
721.8300................................................       2070-0012
721.8325................................................       2070-0012
721.8335................................................       2070-0012
721.8350................................................       2070-0012
721.8375................................................       2070-0012
721.8400................................................       2070-0012
721.8425................................................       2070-0012
721.8450................................................       2070-0012
721.8475................................................       2070-0012
721.8500................................................       2070-0012
721.8525................................................       2070-0012
721.8550................................................       2070-0012
721.8575................................................       2070-0012
721.8600................................................       2070-0012
721.8650................................................       2070-0012
721.8654................................................       2070-0012
721.8670................................................       2070-0012
721.8675................................................       2070-0012
721.8700................................................       2070-0012
721.8750................................................       2070-0012
721.8775................................................       2070-0012
721.8825................................................       2070-0012
721.8850................................................       2070-0012
721.8875................................................       2070-0012
721.8900................................................       2070-0012

[[Page 1152]]

                                                                        
721.8965................................................       2070-0012
721.9000................................................       2070-0038
721.9075................................................       2070-0012
721.9100................................................       2070-0012
721.9220................................................       2070-0012
721.9240................................................       2070-0012
721.9260................................................       2070-0012
721.9280................................................       2070-0012
721.9300................................................       2070-0012
721.9320................................................       2070-0012
721.9360................................................       2070-0012
721.9400................................................       2070-0012
721.9420................................................       2070-0012
721.9460................................................       2070-0012
721.9470................................................       2070-0038
721.9480................................................       2070-0012
721.9500................................................       2070-0012
721.9505................................................       2070-0012
721.9510................................................       2070-0012
721.9520................................................       2070-0012
721.9525................................................       2070-0012
721.9526................................................       2070-0012
721.9527................................................       2070-0012
721.9530................................................       2070-0012
721.9540................................................       2070-0012
721.9550................................................       2070-0012
721.9570................................................       2070-0012
721.9580................................................       2070-0038
721.9620................................................       2070-0012
721.9630................................................       2070-0012
721.9650................................................       2070-0012
721.9656................................................       2070-0012
721.9658................................................       2070-0012
721.9660................................................       2070-0038
721.9665................................................       2070-0012
721.9675................................................       2070-0012
721.9700................................................       2070-0012
721.9720................................................       2070-0012
721.9730................................................       2070-0012
721.9740................................................       2070-0012
721.9750................................................       2070-0012
721.9780................................................       2070-0012
721.9800................................................       2070-0012
721.9820................................................       2070-0012
721.9850................................................       2070-0012
721.9870................................................       2070-0012
721.9892................................................       2070-0012
721.9900................................................       2070-0012
721.9920................................................       2070-0012
721.9925................................................       2070-0012
721.9930................................................       2070-0038
721.9940................................................       2070-0012
721.9957................................................       2070-0038
721.9975................................................       2070-0012
                                                                        
------------------------------------------------------------------------
                 Premanufacture Notification Exemptions                 
                                                                        
------------------------------------------------------------------------
723.50..................................................       2070-0012
723.175.................................................       2070-0012
723.250(m)(1)...........................................       2070-0012
                                                                        
------------------------------------------------------------------------
Lead-Based Paint Poisioning Prevention in Certain Residential Structures
                                                                        
------------------------------------------------------------------------
part 745, subpart F.....................................       2070-0151
                                                                        
------------------------------------------------------------------------
                        Water Treatment Chemicals                       
                                                                        
------------------------------------------------------------------------
part 749, subpart D.....................................       2060-0193
749.68..................................................       2060-0193
                                                                        
------------------------------------------------------------------------
Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution
                    in Commerce, and Use Prohibitions                   
                                                                        
------------------------------------------------------------------------
761.20..................................................     2070-0008 &
                                                               2070-0021
761.30..................................................      2070-0003,
                                                             2070-0008 &
                                                               2070-0021
761.60..................................................       2070-0011
761.65..................................................       2070-0112
761.70..................................................       2070-0011
761.75..................................................       2070-0011
761.80..................................................       2070-0021
761.93(a)(1)(iii).......................................       2070-0149
761.93(b)...............................................       2070-0149
761.125.................................................       2070-0112
761.180.................................................       2070-0112
761.185.................................................       2070-0008
761.187.................................................       2070-0008
761.193.................................................       2070-0008
761.202.................................................       2070-0112
761.205.................................................       2070-0112
761.207.................................................       2070-0112
761.207(a)..............................................       2050-0039
761.208.................................................       2070-0112
761.209.................................................       2070-0112
761.210.................................................       2070-0112
761.211.................................................       2070-0112
761.215.................................................       2070-0112
761.218.................................................       2070-0112
                                                                        
------------------------------------------------------------------------
                                Asbestos                                
                                                                        
------------------------------------------------------------------------
part 763, subpart E.....................................       2070-0091
part 763, subpart G.....................................       2070-0072
part 763, subpart I.....................................       2070-0082
                                                                        
------------------------------------------------------------------------
                    Dibenzo-para-dioxin/Dibenzofurans                   
                                                                        
------------------------------------------------------------------------
766.35(b)(1)............................................       2070-0054
766.35(b)(2)............................................       2070-0054
766.35(b)(3)............................................       2070-0017
766.35(b)(4)(iii).......................................       2070-0054
766.35(c)(1)(i).........................................       2070-0054
766.35(c)(1)(ii)........................................       2070-0054
766.35(c)(1)(iii).......................................       2070-0017
766.35(d) Form..........................................       2070-0017
766.38..................................................       2070-0054
                                                                        
------------------------------------------------------------------------
     Procedures Governing Testing Consent Agreements and Test Rules     
                                                                        
------------------------------------------------------------------------
790.5...................................................       2070-0033
790.42..................................................       2070-0033
790.45..................................................       2070-0033
790.50..................................................       2070-0033
790.55..................................................       2070-0033
790.60..................................................       2070-0033
790.62..................................................       2070-0033
790.68..................................................       2070-0033
790.80..................................................       2070-0033
790.82..................................................       2070-0033
790.85..................................................       2070-0033
790.99..................................................       2070-0033
                                                                        
------------------------------------------------------------------------
                   Good Laboratory Practice Standards                   
                                                                        
------------------------------------------------------------------------
part 792................................................      2010-0019,

[[Page 1153]]

                                                                        
                                                              2070-0004,
                                                              2070-0017,
                                                              2070-0033,
                                                             2070-0054 &
                                                               2070-0067
                                                                        
------------------------------------------------------------------------
                       Provisional Test Guidelines                      
                                                                        
------------------------------------------------------------------------
795.45..................................................       2070-0067
795.232.................................................       2070-0033
                                                                        
------------------------------------------------------------------------
    Identification of Specific Chemical Substance and Mixture Testing   
                              Requirements                              
                                                                        
------------------------------------------------------------------------
799.1053................................................       2070-0033
799.1250................................................       2070-0033
799.1560................................................       2070-0033
799.1575................................................       2070-0033
799.1645................................................       2070-0033
799.1700................................................       2070-0033
799.2155................................................       2070-0033
799.2325................................................       2070-0033
799.2475................................................       2070-0033
799.2500................................................       2070-0033
799.2700................................................       2070-0033
799.3300................................................       2070-0033
799.4360................................................       2070-0033
799.4440................................................       2070-0033
799.5000................................................       2070-0033
799.5025................................................       2070-0033
799.5050................................................       2070-0033
799.5055................................................       2070-0033
799.5075................................................       2070-0033
------------------------------------------------------------------------
\1\ The ICRs referenced in this section of the Table encompass the      
  applicable general provisions contained in 40 CFR part 60, subpart A, 
  which are not independent information collection requirements.        
\2\ The ICRs referenced in this section of the Table encompass the      
  applicable general provisions contained in 40 CFR part 61, subpart A, 
  which are not independent information collection requirements.        
\3\ The ICRs referenced in this section of the Table encompass the      
  applicable general provisions contained in 40 CFR part 63, subpart A, 
  which are not independent information collection requirements.        


[58 FR 27472, May 10, 1993]

    Editorial Note: For Federal Register citations affecting Sec. 9.1 
see the List of CFR Sections Affected in the Finding Aids section of 
this volume.

    Effective Date Notes: 1. At 61 FR 16309, Apr. 12, 1996, in Sec. 9.1 
table, the heading ``Public Information'' and its entry for part 2, 
subpart B were added, effective July 11, 1996.

    2. At 61 FR 33206, June 26, 1996, in Sec. 9.1 table, the entry for 
170.112 was removed and the entry for part 170 was added, effective Aug. 
26, 1996.

    3. At 61 FR 34228, July 1, 1996, in Sec. 9.1 table, entries 71.5, 
71.6(a),(c),(d),(g), 71.7, and 71.9(e)-(j) were added, effective July 
31, 1996.

[[Page 1155]]



List of CFR Sections Affected


All changes in this volume of the Code of Federal Regulations which were 
made by documents published in the Federal Register since January 1, 
1986, are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers refer to Federal Register pages. 
The user should consult the entries for chapters and parts as well as 
sections for revisions.
Title 40 was established at 36 FR 12213, June 29, 1971. For the period 
before January 1, 1986, see the ``List of CFR Sections Affected, 1964-
1972 and 1973-1985,'' published in six separate volumes.

                                  1986

40 CFR
                                                                   51 FR
                                                                    Page
Chapter I
260  Authority citation revised....................................25471
    Public briefings...............................................39859
260.1  (a) and (b) (1) through (4) amended.........................40636
260.2  (b) revised.................................................28682
    (a) and (b) amended............................................40636
260.3  Introductory text amended...................................40636
260.10  Amended; eff. 9-22-86......................................10174
    Amended; eff. 10-29-86.........................................16443
    Amended........................................................25471
    Introductory text amended......................................40636
260.20  (a) amended................................................40636
260.22  Policy and interpretation...................................7722
261  Petitions denied..............................................12148
    Determination..................................................24496
    Petitions denied..............................................25887,
35355, 41100, 41313, 41315, 41317, 41319, 41321, 41490, 41493, 41501, 
41616, 41617, 41620, 41624, 43712
    Guidance document availability.................................26892
    Authority citation revised.....................................28682
    Petition denial corrected......................................31330
    Public briefings...............................................39859
    Petitions granted..............................................41082
    Intrepretation.................................................43350
    Effective date corrected.......................................46668
    Appendix IX amended...............................1254, 15889, 25701
    Appendixes III and VII amended; eff. 8-13-86....................5330
    Appendixes III, VII, and VIII amended; eff. 8-25-86.............6541
    Appendix IX amended...........................................25701,
25891, 29219, 29222, 32460, 37021, 37725, 41308, 41310, 41313, 41327, 
41483, 41486, 41490, 41499
    Appendix IX corrected..........................................27038
    Appendix IX correctly designated...............................27039
    Appendix VIII revised..........................................28305
    Appendixes III and VII amended.................................37729
261.1(a)(1) revised; eff. 9-22-86..................................10174
    (a) introductory text and (1) amended..........................40636
261.4  Policy and interpretation....................................7722
    (a)(8) added...................................................25471
    (c) and (d)(1) introductory text amended.......................40636
261.5  Policy and interpretation....................................7722
    Revised; eff. 9-22-86..........................................10174
    (f)(3) introductory text and (g)(3) introductory text revised 
                                                                   28682
    (b), (c), (e) introductory text, (f)(2), and (g)(2) amended....40636
261.6  (a)(3)(i) revised...........................................28682
    (a)(3) amended; (c)(1) revised.................................40637
261.7  (a)(1)(ii) and (2)(ii) amended..............................40637

[[Page 1156]]

261.20  (b) amended................................................40636
261.30  (c) amended................................................40636
261.31  Table corrected.............................................2702
    Table amended; eff. 8-25-86.....................................6541
261.32  Table amended; eff. 8-13-86.................................5330
    Table amended..................................................19322
    Table corrected................................................33612
    Table amended..................................................37729
261.33  (e) table revised..........................................28298
    (f) table amended; eff. 8-25-86.................................6541
    Policy and interpretation.......................................7722
    (f) introductory text revised; eff. 9-22-86....................10175
    (f) table revised..............................................28300
262  Authority citation revised....................................25472
    Public briefings...............................................39859
262.11  (d) added..................................................40637
262.20  (e) added; eff. 9-22-86....................................10175
262.34  (a) introductory text revised; (d), (e), and (f) added; 
        eff. 9-22-86...............................................10175
    (a) introductory text republished; (a)(1) and (d)(2) revised; 
(d) (3) and (4) redesignated as (d) (4) and (5); new (d)(3) added 
                                                                   25472
262.41  Policy and interpretation...................................7722
    (a) introductory text, (3), (4), and (5) revised; (b) amended 
                                                                   28682
262.44  Added; eff. 9-22-86........................................10176
262.50  Policy and interpretation...................................7722
262.50--262.58 (Subpart E)  Revised................................28682
262.60 (Subpart F)  Added..........................................28685
262.70 (Subpart G)  Added..........................................28685
262  Appendix policy and interpretation.............................7722
    Appendix amended........................................28685, 35192
263  Authority citation revised.............................28685, 40637
263.12  Amended....................................................40637
263.20  (h) added; eff. 9-22-86....................................10176
    (a), (c), (e)(2), (f)(2), and (g)(3) revised; (g)(4) added.....28685
264  Authority citation revised....................................25472
    Guidance document availability.................................26008
    Public briefings...............................................39859
264.1  Policy and interpretation....................................7722
264.13  (a)(1) and (b)(6) revised; (b)(7) added....................40637
264.15  (b)(4) revised.............................................25472
264.18  Policy and interpretation...................................7722
264.70  Policy and interpretation...................................7722
264.73  Policy and interpretation...................................7722
    (b)(6) revised.................................................25472
    (b)(3) revised; (b) (10) through (14) and OMB number added.....40637
264.75  (h) revised; (i) and (j) added.............................28556
264.90--264.101 (Subpart F)  Policy and interpretation..............7722
264.90  Policy and interpretation...................................7722
264.101  Policy and interpretation..................................7722
264.110  (b)(3) added..............................................25472
264.140  (b)(3) added..............................................25472
264.110--264.120 (Subpart G)  Revised; eff. 10-29-86...............16444
264.141  (f) amended; eff. 10-29-86................................16447
264.142  (a), (b) introductory text, and (c) revised; eff. 10-29-
        86.........................................................16447
264.143  (a)(10), (b)(4)(ii), (c)(5), (d)(8), (e)(5), (f)(1)(i) 
        (B) and (D), (ii) (B) and (D), and (2), and (i) revised; 
        eff. 10-29-86..............................................16448
264.144  (a), (b) introductory text, and (c) revised; eff. 10-29-
        86.........................................................16449
264.145  Introductory text, (a)(11), (b)(4)(ii), (c)(5), (d)(9), 
        (e)(5), (f)(1)(i) (B) and (D), (ii) (B) and (D), (2), and 
        (i) revised; eff. 10-29-86.................................16449
264.147  (e) revised; eff. 10-29-86................................16450
    (g) redesignated as (h); new (g) added; (a)(2) and (3) and 
(b)(2) and (3) revised; interim....................................25354
264.151  (b) revised; (f) and (g) amended; eff. 10-29-86...........16450
    (g) revised; interim...........................................25354
    (h) redesignated as (h)(1); (h)(2) added; interim..............25355

[[Page 1157]]

264.190--264.199 (Subpart J)  Revised..............................25472
264.190  (b) corrected.............................................29430
264.191  OMB number corrected......................................29430
264.192  (b) introductory text corrected...........................29430
264.193  (a)(3), (e)(1)(iv) and (2)(iii), (f)(2), and (i) (1) and 
        (2) corrected..............................................29430
264.196  (d)(2) correctly revised; (d)(3)(iv) and (f) Note 
        corrected..................................................29430
264.197  (c) introductory text corrected...........................29430
264.221  Policy and interpretation..................................7722
264.222  Policy and interpretation..................................7722
264.226  Policy and interpretation..................................7722
264.227  Policy and interpretation..................................7722
264.228  Policy and interpretation..................................7722
264.252  Policy and interpretation..................................7722
264.253  Policy and interpretation..................................7722
264.254  Policy and interpretation..................................7722
264.301  Policy and interpretation..................................7722
264.302  Policy and interpretation..................................7722
264.303  Policy and interpretation..................................7722
264.310  Policy and interpretation..................................7722
264.314  Policy and interpretation..................................7722
265  Guidance document availability................................26008
    Public briefings...............................................39859
265.1  Policy and interpretation....................................7722
265.13  (b)(6) revised.............................................25478
    (a)(1) and (b)(6) revised; (b)(7) added........................40638
265.15  (b)(4) revised.............................................25478
265.18  Policy and interpretation...................................7722
265.73  (b) (3) and (6) revised....................................25479
    (b)(3) revised; (b) (8) through (12) and OMB number added......40638
265.75  (h) revised; (i) and (j) added.............................28556
265.110--265.120 (Subpart G)  Revised; eff. 10-29-86...............16451
265.110  (b)(2) revised............................................25479
265.140  (a) revised; eff. 10-29-86................................16455
    (b) revised....................................................25479
265.141  (f) amended; eff. 10-29-86................................16456
265.142  (a), (b) introductory text, (c) revised; (b) (i) and (ii) 
        redesignated as (b) (1) and (2); eff. 10-29-86.............16456
265.143  (a)(10), (b)(4)(ii), (c)(8), (d)(5), (e)(1)(i) (B) and 
        (D), (ii) (B) and (D), (2), and (h) revised; eff. 10-29-86
                                                                   16456
265.144  (a), (b) introductory text, and (c) revised; eff. 10-29-
        86.........................................................16457
265.145  Introductory text, (a)(11), (b)(4)(ii), (c)(9), (d)(5), 
        (e)(1)(i) (B) and (D), (ii) (B) and (D), (2), and (h) 
        revised; eff. 10-29-86.....................................16457
265.147  (e) revised; eff. 10-29-86................................16458
    (g) redesignated as (h); new (g) added; (a)(2) and (3) and 
(b)(2) and (3) revised; interim....................................25355
265.190--265.201 (Subpart J)  Revised..............................25479
265.192  (a)(3)(i)(G) correctly revised; (a)(3)(ii) (A), (B), and 
        (C) corrected..............................................29430
265.193  (a)(4), (e)(2)(ii), (g) introductory text, and (i)(1) 
        corrected..................................................29430
265.221  Policy and interpretation..................................7722
265.254  Policy and interpretation..................................7722
265.301  Policy and interpretation..................................7722
265.314  Policy and interpretation..................................7722
    (d) correctly reinstated and republished.......................19177
266  Guidance document availability................................26892
266.23  Policy and interpretation...................................7722
266.31  Policy and interpretation...................................7722

[[Page 1158]]

266.34  Policy and interpretation...................................7722
268  Added.........................................................19305
    Public briefings...............................................39859
268.1--268.7 (Subpart A)  Added....................................40638
268.30--268.31 (Subpart C)  Added; eff. in part 11-8-88............40641
268.40--268.44 (Subpart D)  Added..................................40642
268.50 (Subpart E)  Added..........................................40642
268  Appendix I and II added.......................................40643
270  Public briefings..............................................39859
270.1  (c)(2)(i) revised; eff. 9-22-86.............................10176
270.10  Policy and interpretation...................................7722
    (e)(1)(iii) added; eff. 9-22-86................................10176
270.14  (b) (14), (15), and (16) revised; eff. in part 10-29-86....16458
    (b) (5) and (13) revised.......................................25486
    (b)(21) added..................................................40653
270.16  Revised....................................................25486
    (a) and (e) corrected..........................................29431
270.17  Policy and interpretation...................................7722
270.18  Policy and interpretation...................................7722
270.21  Policy and interpretation...................................7722
270.30  Policy and interpretation...................................7722
270.32  Policy and interpretation...................................7722
    (b)(1) revised.................................................40653
270.41  Policy and interpretation...................................7722
270.42  (d) revised; eff. 10-29-86.................................16458
    (o) added......................................................40653
270.50  Policy and interpretation...................................7722
270.60  Policy and interpretation...................................7722
270.65  Policy and interpretation...................................7722
270.70  Policy and interpretation...................................7722
270.72  (d) revised; eff. 10-29-86.................................16459
    (e) amended....................................................25486
270.73  Policy and interpretation...................................7722
271  State hazardous waste management programs approved............1370,
1791, 3778-3780, 3782, 3783, 3952, 3953, 10211, 17737, 1773931618, 
36804, 37729, 39752, 45320
    State hazardous waste management programs; notice of 
expiration..........................................................4128
    Public briefings...............................................39859
271.1  (j) Table 1 amended; eff. 8-13-86............................5331
    (j) Table 1 amended; eff. 8-25-86...............................6542
    Policy and interpretation.......................................7722
    (j) Table 1 amended; eff. 9-22-86..............................10176
    (j) Table 1 amended.....................................25486, 28685
    (j) Table 1 corrected..........................................29431
    (j) revised....................................................33720
    (j) Table 2 corrected..........................................36013
    (j) Table 1 amended.....................................37729, 40653
    (j) Table 2 amended............................................40654
271.3  Policy and interpretation....................................7722
    (a) through (d) redesignated as (b) through (e); new (a) and 
(f) added..........................................................33721
271.9  Revised.....................................................33721
271.10  (e) revised................................................28685
    (i) added......................................................33722
271.11  (c) revised................................................28686
    (e) added......................................................33722
271.13  (a) revised................................................33722
271.17  Policy and interpretation...................................7722
    (c) revised....................................................33722
271.19  Policy and interpretation...................................7722
271.21  (b)(2) through (4) revised..................................7542
    Policy and interpretation.......................................7722
    (e) revised; (f) and (g) added.................................33722
271.24  Policy and interpretation...................................7722
    Revised........................................................33722
271.25  Added......................................................33723
271.121  Policy and interpretation..................................7722
    (1) redesignated as (i)........................................33723
271.122  Policy and interpretation..................................7722
271.134  Policy and interpretation..................................7722
271.138  Policy and interpretation..................................7722
272  Added..........................................................3955

[[Page 1159]]

280  Policy and interpretation......................................7722
280.2  Interpretation..............................................20418
280.3  (g) corrected...............................................13497

                                  1987

40 CFR
                                                                   52 FR
                                                                    Page
Chapter I
260  Authority citation revised.............................41295, 46963
260.10  Amended....................................................46963
260.11  (a) amended.................................................8073
    (a) introductory text revised..................................41295
261  Petitions denied..............................................28696
    Authority citation revised.....................................28698
261.3  (c)(2)(ii)(B) revised.......................................11821
261.6  (a)(3)(vii) revised.........................................11821
261.32  Table amended..............................................28698
261.33  Introductory text revised..................................21306
    (c) correctly revised..........................................26012
261  Appendix IX amended.......................2522, 17403, 29848, 29851
262  Authority citation revised....................................35898
262.42  Revised....................................................35898
262.44  Revised....................................................35899
262.51  Revised....................................................25787
264  Authority citation revised...................................25946,
44320, 45798, 46963
264.1  (h) correctly added.........................................21016
264.10  (b) revised................................................46963
264.13  (b)(7)(iii) revised........................................25787
    (a)(1) corrected...............................................21016
264.15  (b)(4) amended.............................................46963
264.18  (b)(1)(ii) introductory text revised.......................46963
264.73  (b)(6) revised.............................................46963
    (b)(14) corrected..............................................21016
264.90  (d) added..................................................46963
264.98  (h)(2), (3) introductory text and (4)(i) introductory text 
        revised....................................................25946
264.99  (f) revised................................................25946
264.100  (e) introductory text revised; (e) (1) and (2) 
        redesignated as (e) (3) and (4); new (e) (1) and (2) added
                                                                   45798
264.101  (c) added.................................................45798
264.111  (c) revised...............................................46963
264.112  (a)(2) revised............................................46963
264.114  Amended...................................................46963
264.117  (a)(1) (i) and (ii) revised...............................46963
264.118  (b) (1) and (2) (i) and (ii) revised......................46964
264.144  (a) introductory text revised.............................46964
264.147  (g)(2) revised............................................44320
    (b) introductory text amended..................................46964
    (g) redesignation as (h); new (g) addition; (a) (2) and (3) 
and (b) (2) and (3) revision at 51 FR 25354 confirmed..............44320
264.151  (h)(2) revised............................................44320
    (h) redesignation as (h)(1); (h)(2) addition at 51 FR 25355 
confirmed..........................................................44320
264.600--264.604 (Subpart X)  Added................................46964
264  Appendix IX added.............................................25947
265  Authority citation revised.............................44321, 45798
265.1  (c)(2) removed..............................................45798
    (e) correctly added............................................21016
265.13  (b)(7)(iii) revised........................................25788
265.147  (g)(2) revised............................................44321
    (g) redesignation as (h); new (g) addition; (a) (2) and (3) 
and (b) (2) and (3) revision at 51 FR 25355 confirmd...............44321
265.228  Revised; eff. 9-15-87......................................8708
266  Petitions denied...............................................2695
266.20  (a)(2) revised; (a)(3) removed.............................21307
266.31  (a)(1) revised.............................................11821
266.34  (e)(1) (i) and (ii) revised; (b) amended...................11822
266.35  Introductory text, (c)(3), and (d)(1) revised; (b) amended
                                                                   11822
266.43  (a) introductory text revised..............................11822
266.44  (b) amended................................................11822
268  Authority citation revised....................................41296
268.1  (c) (2) and (3) corrected; (c) (1) and (4) correctly 
        revised....................................................21016
    (c) (3) and (4) amended; (c)(5) added..........................25788
268.2  (a) corrected...............................................21016
    (a) amended; introductory text republished.....................25788
268.3  Revised.....................................................25788

[[Page 1160]]

268.4  (a) introductory text correctly revised; (a) (1), (3) 
        introductory text, (ii) and (iii) and (4) corrected........21016
    (a)(2) revised; (b) added......................................25788
268.5  (a)(5), (b), (e), and (h)(2)(i), (ii) and (iii) corrected; 
        (i) correctly designated...................................21016
    (a)(2), (h)(1) and (2)(iii) revised; (h)(2)(v) added...........25788
268.6  (d), (i) and (j) corrected..................................21016
    (k) added......................................................25789
268.7  (a) introductory text, (1) introductory text and (2) 
        introductory text and (ii) and (3), (b)(2) introductory 
        text and (ii) corrected; (a)(4) correctly added; (b) 
        introductory text and (c) correctly revised; (b)(1) 
        correctly designated.......................................21016
    (a) introductory text, (1) introductory text and (ii) and (2) 
introductory text, (i)(B) and (ii), (b) introductory text, 
(1)(ii), (2) introductory text and (i) and (c) revised.............25789
268.30  (a)(3) and (c)(1) corrected; (c) (2) and (3) correctly 
        revised....................................................21017
268.30  (a)(4) added...............................................25790
268.31  (a), (b)(1) and (c) corrected; (b) (2) and (3) correctly 
        revised....................................................21017
268.32  Added......................................................25790
    (i) amended....................................................41296
268.40  Revised....................................................25790
268.41  Heading, (a) introductory text and table corrected; (a) 
        table heading correctly revised............................21017
268.42  (a) (1) and (2) added; (b) revised.........................25790
268.44  (c) correctly redesignated as (d); new (c) correctly added
                                                                   21017
268.50  (a) introductory text, (1), and (3) and (d) corrected; 
        (a)(2) correctly revised...................................21017
    (a) introductory text and (e) revised; (f) added...............25791
268  Appendix I corrected..........................................21018
    Appendix III added.............................................25791
270  Authority citation revised......................25953, 45798, 46965
    State hazardous waste management programs; compliance date 
extended...........................................................34779
270.1  (c) introductory text revised; (c) (5) and (6) added........45798
270.4  (a) revised.................................................45799
270.6  (a) amended..................................................8073
270.10  (k) added; OMB number......................................45799
270.14  (c) introductory text republished; (c)(7) introductory 
        text revised; (c)(8)(v) added; OMB number..................23450
    (c)(4)(ii) revised.............................................25953
    (c)(8)(v) correctly revised....................................33936
    (c) introductory text revised; (d) added; OMB number...........45799
    (b) (5) and (13) revised.......................................46965
270.23  Added......................................................46965
270.41  (a)(3) revised.............................................45799
270.42  (o) (1) and (2) revised; (p) added.........................25792
270.60  (b)(3) revised; OMB number.................................45799
270.72  (e) revised................................................25792
271  State hazardous waste management programs; schedule of 
        compliance.................................................3651,
3652, 7412, 10568, 11263, 13673, 17403, 19139, 26013, 27198, 29522, 
30681, 30682, 41996
    State hazardous waste management programs approved.............19140
    State hazardous waste management program authorizations.......26476,
35556, 45634, 46466
    Authority citation revised..............................35899, 45799
    State hazardous waste management program approval proceedings 
                                                                   43903
271.1  (j) Tables 1 and 2 corrected................................21018
    (j) Tables 1 and 2 amended.....................................25792
    (j) Table 1 amended.....................................35899, 45799
272  State hazardous waste management programs approved............22443
    Comment period corrected.......................................26013
    State hazardous waste management program authorizations........27199

[[Page 1161]]

                                  1988

40 CFR
                                                                   53 FR
                                                                    Page
Chapter I
260.10  Amended.............................................27301, 34086
261  Technical correction and clarification.........................5573
    Strategies and procedures.......................................6822
    Petition denial at 51 FR 41624 withdrawn; policy determination
                                                                   21639
    Authority citation revised..............................27163, 27301
    Petitions denied...............................................30055
    Petition denials at 52 FR 41317 and 41620 withdrawn............38291
261.4  (e) and (f) added...........................................27301
    (b)(7) revised.................................................35420
261.5  (e) Comment added; (f)(2) revised...........................27163
261.32  Table amended..............................................35420
261.33  (e) table correctly revised................................13383
    (f) table correctly revised....................................13384
    (f) table amended..............................................43881
    (e) table amended..............................................43884
261  Appendix VII amended..........................................35421
    Appendix VIII correctly revised................................13388
    Appendix VIII amended.........................................43881,
                                                                   43884
    Appendix IX corrected....................................4850, 15170
    Appendix IX amended......................................7913, 20117
    Appendix IX amended...........................................29045,
                                                     31334, 37761, 47693
    Appendix IX correctly designated...............................29988
262.10  (b), (c) and (d) correctly revised.........................27164
262.20  (a) amended................................................45090
262.51  Correctly revised..........................................27164
262.70  Correctly revised..........................................27165
262  Appendix (Hazardous waste manifest form effectiveness 
        extended to 12-31-88)......................................37563
    Appendix amended...............................................45091
264  Technical correction...........................................7740
264.1  (g)(4) correctly revised....................................27165
264.13  (b)(7)(iii) revised........................................31211
264.54  Amended....................................................37935
264.73  (b) (10) through (14) revised; (b) (15) and (16) added.....31211
264.91  (a) (1) and (2) revised....................................39728
264.92  Revised....................................................39728
264.97  (a)(1) amended; (a)(3), (i), and (j) added; (g)(3) 
        redesignated as (a)(1)(i); new (a)(1)(i), (g), and (h) 
        revised....................................................39728
264.98  (c), (d), (f), (g), and (h) revised; (i), (j) and (k) 
        removed....................................................39729
264.99  (c), (d), (f), and (g) revised; (h) and (l) removed; (i), 
        (j), and (k) redesignated as (h), (i), and (j); new (h) 
        introductory text, and (i) introductory text revised.......39730
264.112  (c) introductory text, (1), and (2) introductory text 
        revised....................................................37935
264.114  Amended...................................................34086
264.118  (d) introductory text, (1) and (2) introductory text 
        revised....................................................37935
264.141  (h) added.................................................33950
264.147  (h) redesignated as (k); (a) introductory text, (2), and 
        (3), (b) introductory text, (2), (3), and (4), (g) 
        heading, and (1) introductory text revised; (g)(1)(ii) 
        removed; (g)(2) (i) and (ii) amended; (a) (4) through (7), 
        (b) (5) through (7), new (h), (i), and (j) added...........33950
264.151  (b), (h)(2), (i), and (j) amended; (g) revised; (k), (l), 
        and (m) added..............................................33952
264.190  (a) amended; (b) revised..................................34086
264.193  (f)(3) revised............................................34086
264.196  First Note revised........................................34086
265  Technical correction...........................................7740
    Clarification...................................................9944
    Authority citation revised.....................................31211
265.1  (c)(8) correctly revised....................................27165
265.13  (b)(7)(iii) revised........................................31211
265.73  (b) (8) through (12) revised; (b) (13) and (14) added......31211
265.110  (b)(2) redesignated as (b)(3); new (b)(2) added...........34086
265.112  (c)(3) and (4) amended....................................37935
265.114  Amended...................................................34086
265.118  (d) (3) and (4) amended...................................37935
265.141  (h) added.................................................33959

[[Page 1162]]

265.147  (h) redesignated as (k); (a) introductory text, (2), and 
        (3), (b) introductory text, (2), (3), and (4), (g) heading 
        and (1) introductory text revised; (g)(1)(ii) removed; 
        (g)(2) (i) and (ii) amended; (a) (4) through (7), (b) (5) 
        through (7), new (h), (i), and (j) added...................33959
265.190  (a) amended; (b) revised..................................34087
265.193  (f)(3) and (g)(3)(iii) revised............................34087
265.196  First Note revised........................................34087
265.201  (c)(3) revised............................................34087
266  Petitions denied...............................................7516
266.20  (b) revised................................................31212
268.1  (c)(5) correctly revised....................................27165
    (c)(3) removed; (c) (4) and (5) redesignated as (c) (3) and 
(4); new (c)(5) and (d) added......................................31212
268.4  (a)(2) revised..............................................31212
268.5  (h)(2) introductory text revised............................31212
268.6  (a) (4) and (5) added; (c) through (k) redesignated as (d) 
        and (g) through (n); new (c), (e), and (f) added...........31212
268.7  (a) introductory text, (1) introductory text, (2) 
        introductory text, and (3), (b) introductory text and (c) 
        revised; (a)(4) and (b) (1) and (2) redesignated as (a)(5) 
        and (b) (4) and (5); (a) (4) and (6), new (b) (1), (2), 
        (3), (6), (7), and (8) added; new (a)(5) revised...........31213
268.8  Added.......................................................31214
268.12  Existing text designated as (a); (b), (c), and (d) added 
                                                                   31215
268.30  Revised....................................................31216
268.31  Revised....................................................31216
268.32  (d), (e), (f), (g) introductory text, and (h) revised......31216
268.33  Added......................................................31217
268.40  (a) revised; (c) added.....................................31217
268.41  (a) table amended..........................................31217
268.42  (a)(2) revised.............................................31218
268.43  Text added.................................................31218
268.44  (h) and (l) added..........................................31221
268.50  (d) revised................................................31221
270  Technical correction...........................................7740
    Authority citation revised.....................................34087
270.1  (c)(2)(ii) correctly revised................................27165
270.2  Amended..............................................34087, 37935
270.4  (a) amended.................................................37935
270.30  (l)(2) introductory text revised...........................37935
270.40  Revised....................................................37935
270.41  Heading, introductory text, and (a)(3) revised; (a)(5) 
        removed; (a)(6) redesignated as (a)(5).....................37936
270.42  Revised....................................................37936
    Appendix I added...............................................37939
    Appendix I corrected...........................................41649
270.62  (a) introductory text and (b)(10) amended..................37939
270.63  (d)(3) removed; (d) (1) and (2) revised....................37939
271  State hazardous waste management program authorizations........126,
                                                              128, 16264
    State hazardous waste management program authorizations 
corrected............................................................127
    Technical correction.............................................244
    State hazardous waste manatement programs; schedule of 
compliance....................................................1358, 4850
    State hazardous waste management program approval proceedings; 
hearing date and location corrected..........................3894, 20845
    State hazardous waste management program authorizations.......28383,
29460, 29461, 31000, 41164, 50529
    Authority citation revised.....................................31221
    Hearing postponed..............................................32899
    State hazardous waste management program authorizations 
corrected...................................................34758, 34759
271.1  (j) Tables 1 and 2 amended..................................31221
272  State hazardous waste management program authorizations......30054, 
                                                                   38950
280  Revised.......................................................37194
280.90--280.112 (Subpart H)  Added.................................43370
    Technical correction...........................................44976
280.100  (c) corrected.............................................51274
280.103  (b)(1) corrected..........................................51274
281  Added.........................................................37241
281.37  Added......................................................43382
    Technical correction...........................................44976
    (b) corrected..................................................51274

[[Page 1163]]

                                  1989

40 CFR
                                                                   54 FR
                                                                    Page
Chapter I
260  Technical correction..........................................26198
260.11  (a) amended................................................40266
260.22  (b) revised................................................27116
261  Administrative stay............................................4021
    Petition denied...................................18503-18505, 37333
    Hazardous waste identification and listing..............31335, 47355
261.3  (a)(2) (i) and (iii) revised................................36641
261.4  (b)(7) revised..............................................36641
261.31  Table amended..............................................50977
261.32  Table amended..............................................41407
261  Appendix IX amended...........................................5085,
11712, 15938, 15939, 19893, 20589, 21951, 27169, 31680, 34180
    Appendix IX Table 2 amended....................................38524
    Appendix IX corrected..........................................39359
    Appendix IX technical correction...............................40239
    Appendix III Tables 2 and 3 amended............................40266
    Appendix VII Table amended.....................................41407
    Appendix III Table 1 amended...................................41407
    Appendix IX Table 1 amended....................................43821
    Appendix VII amended...........................................50978
    Appendix VIII amended..........................................50978
262  Appendix (Hazardous waste manifest form effectiveness 
        extended)...................................................7036
264  Technical correction...................................26198, 36970
264.13  (a)(1), (3)(i) and (b)(1) revised..........................33394
264.73  Amended....................................................26647
264.110--264.120 (Subpart G)  Amended (OMB number).................33395
264.112  (d)(2) revised............................................33394
264.113  (a) introductory text, (1)(ii)(A), (b) introductory text, 
        (1)(ii)(A) and (c) revised; (d) and (e) added..............33394
264.142  (a) (3) and (4) revised...................................33395
265.13  (a)(1), (3)(i) and (b)(1) revised..........................33396
265.73  Amended; OMB numbers.......................................26648
265.110--265.120 (Subpart G)  Amended (OMB numbers)................33397
265.112  (d)(2) revised............................................33396
265.113  (a) introductory text, (1)(ii)(A), (b) introductory text, 
        (1)(ii)(A) and (c) revised; (d) and (e) added..............33396
265.142  (a) (3) and (4) revised...................................33397
266  Technical correction..........................................36970
266.20  (b) revised................................................36970
268  Administrative stay............................................4021
268.1  (c) introductory text amended; (c) (3) and (4) removed; new 
        (e) added..................................................36970
268.5  (h)(2) revised..............................................36971
268.6  (f)(1) revised..............................................36971
268.7  Amended; OMB numbers........................................26648
    (a) (3) and (4) revised; (b)(8) amended; (c)(4) added..........36971
268.8  (a)(2), (3), and (c)(2) revised; (b)(1) and (d) amended.....36971
268.12  (e) added...................................................8266
    (f), (g), and (h) added........................................18837
    (c) removed; (d) through (h) redesignated as (c) through (g); 
(b) and new (c) revised............................................26648
268.32  (f) amended................................................36972
268.33  (a), (f) and (g) amended...................................36972
268.34  Added......................................................26648
268.41  (a) table amended..........................................26649
268.42  (a) (3) and (4) added......................................26649
268.43  (a) table amended..........................................18837
    (a) revised; (b) added; tables amended.........................26649
268.44  (h) amended................................................36972
268.50  (d) revised................................................36972
270  Technical correction..........................................26198
270.1  (c) introductory text amended................................9607
270.10  (c) amended.................................................9607
270.14  (b) (5) and (13) revised.....................................617
270.29  Added.......................................................9607
270.42  Appendix I amended...................................9607, 33398
270.62  (d) revised.................................................4288
270.72  Revised.....................................................9608
270.73  (e) and (f) redesignated as (f) and (g); (e) added..........9609
271  State hazardous waste management program authorizations.......1940,
6290, 7417, 10986, 16361, 19184, 20849, 22278, 27644, 29557, 32973, 
38993, 48243, 48608, 48889, 52800
    State hazardous waste management program authorizations 
corrected...................................................13294, 27169

[[Page 1164]]

    State hazardous waste management program; schedule of 
compliance...................................................6396, 14079
    Hazardous waste program approval hearings......................15940
    Corrected......................................................22439
    Schedule of compliance.........................................17706
    State hazardous waste management program authorizations; eff. 
7-14-89............................................................20847
    Territorial hazardous waste management program authorizations; 
eff. 7-21-89.......................................................21953
    State hazardous waste program approval hearings.........28677, 36972
    Technical correction...........................................36970
    State hazardous waste program compliance schedules.............53068
271.1  (j) Tables 1 and 2 amended..................................26652
    (j) Table 1 amended.....................................41407, 50978
272.700  Added.....................................................37651
272.701  Added.....................................................37651
272.750  Added.....................................................34990
272.751  Added.....................................................34990
272.1150  Added.....................................................7421
272.1151  Added.....................................................7421
272.1200--272.1201 (Subpart Y)  Added; eff. 7-14-89................20852
272.1300  Added.....................................................8193
272.1301  Added.....................................................8193
272.1800--272.1801 (Subpart KK)  Revised...........................27173
272.2500  Added.....................................................7423
272.2501  Added.....................................................7424
280.91  (a) amended.................................................5452
280.92  Amended; interim...........................................47081
280.97  (b) (1) and (2) amended; interim...........................47081
280.105  (a)(2) revised; interim...................................47082
281.37  Designation corrected......................................38788

                                  1990

40 CFR
                                                                   55 FR
                                                                    Page
Chapter I
260  Court remand response..........................................6640
260.10  Amended; eff. 7-23-90.......................................2353
    Amended........................................................50482
260.11  (a) amended.................................................8949
    (a) amended; eff. 12-21-90.....................................25493
261  Petition denied...............................................18876
    Court remand response...........................................6640
    Compliance waiver notices......................................13480
    Technical correction...........................................32733
    Hazardous waste identification and listing.....................38058
    Hazardous waste identification and listing; clarification......39409
261.4  (b)(7) revised; eff. 7-23-90.................................2353
    (b)(6)(i) introductory text and (9) revised; (b)(10) added; 
eff. 9-25-90.......................................................11862
    (b)(10) revised; eff. 9-25-90..................................26987
    Technical amendment............................................31388
    (b)(11) added; interim.........................................40837
    (a)(9) added...................................................50482
261.6  (c)(1) revised; (c)(2)(iii) and (d) added; eff. 12-21-90....25493
261.8  Added; eff. 9-25-90.........................................11862
    Technical amendment............................................31388
261.11  (a)(3) introductory text revised...........................18726
261.20  (b) revised................................................22684
261.21  (b) revised................................................22684
261.22  (b) revised................................................22684
261.23  (b) revised................................................22684
261.24  Revised; eff. 9-25-90......................................11862
    (b) introductory text revised..................................22684
    Table 1 amended; eff. 9-25-90..................................26987
    Technical correction...........................................31388
261.30  (b) revised; eff. 9-25-90..................................11863
    Technical correction...........................................31388
261.31  Table amended........................................5342, 22684
    Table amended; existing text and table designated as (a); (b) 
added..............................................................46396
    (a) table amended..............................................50482
    (a) table and (b)(2)(ii)(B) corrected..........................51707
261.32  Table amended; eff. 11-2-90................................18505
261.33  (c) revised................................................22684
261.35  Added (OMB number pending).................................50482
261  Appendix III Table 2 footnote (a) and Table 3 amended..........8950
    Appendix II revised; eff. 9-25-90..............................11863
    Appendix IX, Table 1 amended...................................11192
    Appendix III Table 1 and Appendix VII Table amended; eff. 11-
2-90...............................................................18505
    Appendix VII amended.............................22684, 46396, 50483
    Appendix IX technical correction...............................23634

[[Page 1165]]

    Appendix II revised; eff. 9-25-90..............................26987
    Appendix IX amended........29018, 29020, 29022, 29359, 34718, 43132, 
                                                            47329, 47335
    Appendix II technical correction...............................31388
    Appendix III, Table 1 amended..................................50483
    Appendix VIII amended..........................................50483
262  Court remand response..........................................6640
262.11  (c) introductory text revised..............................22684
262.23  (e) added.....................................2354; eff. 7-23-90
262.34  (a)(4) revised.............................................22684
    (a)(2) through (4) redesignated as (a)(3) through (5); new 
(a)(2) added (OMB number pending)..................................50483
264  Court remand response..........................................6640
    Technical correction...........................................32733
    Hazardous waste identification and listing; clarification......39409
264.13  (a)(2) amended.............................................22685
    (b)(6) revised; eff. 12-21-90..................................25494
264.15  (b)(4) amended; eff. 12-21-90..............................25494
264.73  (b)(3) and (6) revised.....................................25494
264.77  (c) revised; eff. 12-21-90.................................25494
264.113  Technical correction......................................25976
264.190  Introductory text revised; (c) added......................50484
264.221  (c) revised...............................................19263
264.229  Introductory text revised.................................22685
264.256  Introductory text revised.................................22685
264.281  Introductory text revised.................................22685
264.301  (e)(1) revised; eff. 9-25-90..............................11875
    (c) revised....................................................19264
    Technical correction...........................................31388
264.312  (a) introductory text and (b) revised.....................22685
264.316  (f) added.................................................22685
264.570--264.575 (Subpart W)  Added................................50484
264.571  OMB number pending........................................50484
264.572  OMB number pending........................................50484
264.573  OMB number pending........................................50484
264.574  OMB number pending........................................50484
264.1030--264.1049 (Subpart AA)  Added; eff. 12-21-90..............25494
264.1050--264.1079 (Subpart BB)  Added; eff. 12-21-90..............25501
265  Court remand response..........................................6640
    Technical correction...........................................32733
    Hazardous waste identification and listing; clarification......39409
265.1  (e) revised.................................................22685
265.13  (a)(2) amended.............................................22685
    (b)(6) revised; eff. 12-21-90..................................25506
265.15  (b)(4) amended; eff. 12-21-90..............................25506
265.73  (b)(3) and (6) revised; eff. 12-21-90......................25507
265.77  (d) added; eff. 12-21-90...................................25507
265.113  Technical correction......................................25976
265.190  Introductory text revised; (c) added......................50486
265.221  (d)(1) revised; eff. 9-25-90..............................11876
    Technical correction...........................................31388
265.229  Introductory text revised.................................22685
265.256  (a) introductory text revised.............................22685
265.273  (a) revised; eff. 9-25-90.................................11876
    Technical correction...........................................31388
265.281  Introductory text revised.................................22686
265.312  (a) introductory text and (b) revised.....................22686
265.316  (f) added.................................................22686
265.440--265.445 (Subpart W)  Added................................50486
265.441  OMB number pending........................................50486
265.443  OMB number pending........................................50486
265.444  OMB number pending........................................50486
265.445  OMB number pending........................................50486
265.1030--265.1049 (Subpart AA)  Added; eff. 12-21-90..............25507
265.1050--265.1099 (Subpart BB)  Added.............................25512
266  Technical correction..........................................32733
268  Court remand response..........................................6640
    Hazardous waste identification and listing; clarification......39409
268.1  (c)(3) added; (c)(5) removed................................22686
268.2  Revised.....................................................22686
268.3  Revised.....................................................22686
268.5  (h)(2) introductory text corrected..........................23935

[[Page 1166]]

268.7  (a)(1)(ii), (2)(i)(B), (3)(ii), (4), (b)(4)(ii), (c) 
        introductory text revised; (a)(7), (8), (9), new 
        (b)(5)(iii) added; (b)(7), (c)(3), (4) removed; (b)(8) 
        redesignated as (b)(7), (b)(5)(i) amended..................22686
    (a)(3) introductory text and (4) introductory text corrected 
                                                                   23935
268.8  (a)(2) and (3) corrected....................................23935
    (a) introductory text revised..................................22688
268.9  Added.......................................................22688
268.33  (g) correctly amended......................................23935
268.35  Added......................................................22688
268.40  (a) and (c) revised........................................22689
268.41  (a) and table revised......................................22689
268.42  (a) introductory text, (2) and (b) revised; (a)(3) and (4) 
        removed; (c), (d), and (e) added...........................22692
268.43  (a) and table revised; (c) added...........................22701
268  Appendix I removed; eff. 9-25-90..............................11876
    Appendix IV added..............................................22713
    Appendix V added...............................................22713
    Appendix VI added..............................................22714
    Appendix VII added.............................................22715
    Appendix VIII added............................................22718
270  Court remand response..........................................6640
270.14  (b)(5) amended; (b)(8)(iv), and (v) revised; (b)(8)(vi) 
        added eff. 12-21-90........................................25517
270.22  Added (OMB number pending).................................50489
270.24  Added; eff. 12-21-90.......................................25518
270.25  Added; eff. 12-21-90.......................................25518
270.42  Appendix I amended.........................................22719
271  State hazardous waste management program authorizations.......4606,
7318, 7320, 7896, 9128, 11015, 11193, 11909, 14280, 17273, 24232, 28397, 
32624, 33695, 38997, 39274, 51416, 51707
    State hazardous waste management program authorizations; eff. 
7-23-90............................................................21386
    State hazardous waste program compliance schedules.......5601, 9127, 
                          9880, 14280, 22916, 28028, 30000, 43342, 45606
    Court remand response...........................................6640
    State hazardous waste management program authorizations; eff. 
8-24-90............................................................25836
    Technical correction...........................................32733
    Hazardous waste identification and listing; clarification......39409
271.1  (j) Tables 1 and 2 amended..................................22719
    (j) Table 1 heading republished and Table 1 amended; eff. 9-
25-90..............................................................11876
    (j) Table 1 amended; eff. 11-2-90..............................18505
    (j) Table 1 amended; eff. 12-21-90.............................25519
    (j) Table 1 amended; eff. 9-25-90..............................26987
    Technical correction...........................................31388
    (j) Table 1 amended.....................................46396, 50489
272  State hazardous waste management program authorizations.......11910
272.650--272.652 (Subpart N)  Added................................50328
272.1150  (a) and (b) revised; eff. 7-2-90.........................18112
272.1151  Introductory text, (a)(1)(ii), (2)(ii), (3)(ii), (b), 
        (c), and (d) revised; eff. 7-2-90..........................18113
272.1200  (a) revised; (b) amended..................................9881
272.1201  Revised...................................................9881
272.2500  (a) revised..............................................11911
272.2501  Introductory text, (a)(1)(ii), (b), (c)(2), and (d) 
        revised....................................................11911
280  Authority citation revised....................................46025
280.40  (c) amended................................................17753
    (c) amended....................................................23738
280.91  (c) revised; interim.......................................18567
    (d) revised; (e) added.........................................46025
281  State underground storage tank program authorizations; eff. 
        7-11-90....................................................23549
    State underground storage tank program authorizations; eff. 
11-16-90...........................................................38064
281.37  (b) revised................................................46025

                                  1991

40 CFR
                                                                   56 FR
                                                                    Page
Chapter I
260.10  Amended; eff. 8-21-91.......................................7206

[[Page 1167]]

    Amended........................................................66368
260.11  (a) amended; eff. 8-21-91...................................7206
261  Technical amendment.............................................643
    Hazardous waste identification and listing.....................41072
    Petition denied................................................41944
    Regulation at 55 FR 38058 removed..............................58312
261.2  (d)(2) redesignated as (d)(3); new (d)(2) added; eff. 8-21-
        91..........................................................7206
    (d)(3) and (4) correctly designated as (d)(4) and (5)..........32688
    (d)(2) revised.................................................42512
261.3  (d)(1) revised...............................................3876
    (c)(2)(ii)(B) amended..........................................32692
    (c)(2)(ii)(C) added............................................41176
    (c)(2)(ii)(B) correctly designated.............................42512
261.4  (b)(11) revised..............................................3978
    (b)(12) added; interim..........................................5915
    (a)(10) added; (b)(4) revised; (b)(7) and (8) amended; eff. 8-
21-91...............................................................7206
    (b)(11) revised................................................13411
    (b)(7) introductory text amended; eff. 7-15-91.................27318
    (a)(9) revised.................................................30195
    (a)(11) added..................................................41177
261.6  (a)(3)(vii) removed; (a)(3)(viii) and (ix) redesignated as 
        (a)(3)(vii) and (viii); eff. 8-21-91........................7207
    (a)(2) introductory text and (ii) amended......................32692
261.20  (b) revised.................................................3876
261.31  (a) table amended....................................3877, 27336
    (a) table amended; interim.....................................21959
261.32  Table amended..............................................19952
261.33  (e) table amended...........................................7568
261.35  (b) revised................................................30195
261  Appendix VIII amended..........................................7568
    Appendix IX amended.........14202, 19587, 19593, 41289, 67000, 67207
262  Authority citation revised....................................43705
262.10  Note 2 revised..............................................3877
262.11  (c) introductory text revised...............................3877
262.34  (d)(4) revised..............................................3877
    (a)(3) through (5) redesignated as (2) through (4) and 
revised; (a)(1) revised............................................30195
262.53  (b) revised................................................43705
262.56  (b) revised................................................43705
264.112  (d)(1) revised; eff. 8-21-91...............................7207
264.147  (a)(2) revised; (b) introductory text amended.............30200
264.340  (a) revised; eff. 8-21-91..................................7207
264.570--264.575 (Subpart W)  Revised..............................30196
264.572  (a)(4) revised............................................27336
264.1030  (a) and (b) introductory text amended....................19290
264.1033  (f)(3) amended...........................................19290
264.1035  (b)(4)(ii) amended.......................................19290
264.1052  (b)(1) amended...........................................19290
265.13  (b)(6) amended.............................................19290
265.73  (b)(3) amended.............................................19290
265.91  (a)(3) added...............................................66369
265.112  (a), (d)(1) and (2) revised; eff. 8-21-91..................7207
    (d)(2) revised.................................................42512
265.113  (a) introductory text and (b) introductory text revised; 
        eff. 8-21-91................................................7207
    (a) introductory text and (b) introductory text amended........42512
265.147  (a)(2) revised............................................30200
    (a)(1)(i) and (ii) correctly added.............................47912
265.340  (a) revised; eff. 8-21-91..................................7208
265.370  Amended...................................................32692
265.440  (a) revised...............................................30198
265.443  (a)(4) revised............................................27336
    (b)(2)(ii) redesignated as (iii); new (b)(2)(ii) added; (m) 
introductory text and (1) introductory text revised; (m)(3) 
amended............................................................30198
265.1030  (b) introductory text amended............................19290
265.1034  (c)(1)(vi) amended.......................................19290
265.1035  (b)(4)(ii) and (c)(5) amended............................19290
265.1052  (e)(3) amended...........................................19290
265.1064  (c) introductory text amended............................19290
266.30--266.35 (Subpart D)  Removed; eff. 8-21-91...................7208
266.40  (c) and (d) introductory text amended......................32692
    Correctly designated...........................................42512
266.100--266.112 (Subpart H)  Added; eff. 8-21-91...................7208
266.100  (b)(2) and (3) corrected..................................32688

[[Page 1168]]

    (a) amended; (c)(1) introductory text, (ii), (2)(i) and (ii) 
revised; (c)(3) and (f) added......................................42513
    (a) revised....................................................43877
266.102  (b)(1), (e)(4)(i)(C), (6) introductory text, 
        (i)(B)(1)(ii), (2), (ii) introductory text, (B)(2) and 
        (iv)(B) corrected; (d)(4)(iii)(D) correctly redesignated 
        as (d)(4)(iv)..............................................32688
    (e)(4)(ii)(C)(1), (2), (3), (iii)(C)(1) and (2) correctly 
designated.........................................................42512
    (b)(1) amended; (e)(10) revised................................42514
266.103  (a)(1)(ii), (b)(2)(ii)(A), (B), (D), (iv), (v)(A)(5), 
        (vi), (3)(ii), (5)(i)(B)(1), (2), (ii)(B) introductory 
        text, (1), (2), (6) introductory text, (c) introductory 
        text, (1) introductory text, (iv), (ix), (xi), (xii), 
        (4)(i)(C), (ii)(B)(5), (iv)(C)(2)(ii), (7)(i)(A), (B) 
        introductory text, (ii)(B)(1)(ii), (2), and (g)(1) 
        introductory text corrected................................32689
    (a)(5)(i)(D) and (b)(5)(i)(A) corrected........................42512
    (a)(3), (5) introductory text, (ii)(A), (B), (6)(viii), 
(c)(1), (3), (e) and (k) revised...................................42514
266.104  (a)(1), (3), (b)(2), (c)(3), (e)(1), (2), (4), 
        (f)(3)(iii) and (g)(2) corrected...........................32689
266.106  (a), (b)(2)(i), (ii)(B), (5), (6), (c)(2), (d)(3), (e), 
        (f)(2)(ii) introductory text and (B) corrected; (d)(i) and 
        (ii) correctly designated as (d)(1) and (2)................32690
266.107  (a), (b)(2), (3), (d), (e) and (h) corrected..............32690
266.108  (a) introductory text, (1) table and (c) corrected........32690
    (a)(2) revised.................................................42515
266.109  (a)(1)(i), (2)(iv) introductory text, (A) and (b)(2) 
        corrected..................................................32690
    (a)(1)(i) revised..............................................42515
266.110  (f)(3) corrected..........................................32690
    (a) revised....................................................42515
266.111  (d)(2) revised............................................42515
266.112  Corrected designated......................................32690
    (a)(1), (b)(1)(i), (ii) and (c) introductory text revised; 
(b)(2)(iii) added..................................................42515
266  Appendix I added; eff. 8-21-91.................................7228
    Appendix II added; eff. 8-21-91.................................7231
    Appendix III added; eff. 8-21-91................................7231
    Appendix IV added; eff. 8-21-91.................................7232
    Appendix V added; eff. 8-21-91..................................7232
    Appendix VI added; eff. 8-21-91.................................7233
    Appendix VII added; eff. 8-21-91................................7234
    Appendix VIII added; eff. 8-21-91...............................7235
    Appendix I corrected...........................................32690
    Appendixes II and III correctly added; Appendixes IV, VII and 
VIII corrected.....................................................32691
    Appendix IX added..............................................32692
    Appendix X added...............................................32796
    Appendix IX amended.....................................42512, 42516
    Appendixes XI and XII added....................................42517
268  Extension.....................................................24138
268.2  (d), (f)(1), (2) and (g) revised.............................3877
268.7  (a)(6) through (9) redesignated as (a)(7) through (10); 
        heading, (a) introductory text, (1)(ii), (2)(i)(B), 
        (3)(ii), (7) and (b)(4)(ii) revised; (a)(6) added...........3877
268.9  (a) and (d)(1)(ii) revised...................................3878
268.10  Amended.....................................................3878
268.12  (a) amended.................................................3878
268.33  (b) revised.................................................3878
268.35  (a), (c), (d) and (e) revised...............................3878
268.40  (a) revised.................................................3879
268.41  (a) table revised...........................................3879
    (a) table amended; (b) revised.................................41177
268.42  (a)(2) and Tables 1, 2 and 3 revised; (a)(3) added..........3884
    Table 2 amended................................................41177
268.43  (a) Table and (c) revised...................................3892
268.44  (o) added..................................................12355
268  Appendix IV revised............................................3911
    Appendix V revised..............................................3912
    Appendix VII revised............................................3912
    Appendix VIII revised...........................................3920
    Appendix IX added...............................................3920

[[Page 1169]]

270.1  (b) amended.................................................32692
270.22  Added; eff. 8-21-91.........................................7235
    Redesignated as 270.26; heading revised; (c) introductory text 
and (14) through (16) amended......................................30198
    (a)(2)(ii)(B), (C), (5)(vii), and (6) introductory text 
corrected..........................................................32691
    (a)(6) introductory text and (b)(1) corrected..................32692
270.24  (d)(2) revised.............................................19290
270.25  (e)(2) amended.............................................19290
270.26  Redesignated from 270.22; heading revised; (c) 
        introductory text and (14) through (16) amended............30198
270.42  Appendix I amended..........................................3928
    (g) revised; Appendix I amended; eff. 8-21-91...................7237
    (g)(1) introductory text, (i), (iv) and appendix I corrected; 
(c)(1)(iv) revised.................................................32692
270.66  Added; eff. 8-21-91.........................................7237
    (b)(1) introductory text, (4), (c)(2)(i), (ii), (3)(vi), 
(vii), (f)(3) and (8) corrected....................................32692
270.72  (a)(6) and (b)(7) added; eff. 8-21-91.......................7239
270.73  (f) and (g) revised.........................................7239
    (f) and (g) corrected..........................................32692
    Correctly designated...........................................42512
271  Technical amendment.............................................643
    State hazardous waste management program authorizations........1929, 
          5656, 13079, 13411, 13595, 14203, 14474, 15503, 18517, 21602, 
         28709, 29589, 32328, 33206, 33717, 33866, 35831, 36010, 37290, 
                         41626, 41958, 42944, 47153, 47675, 57593, 60926
    State hazardous waste program compliance schedules......7305, 12454, 
                                                            19805, 21082
    State hazardous waste management program authorizations 
corrected.....................................28088, 30336, 37291, 51762
271.1  (j) Table 1 amended; eff. 8-21-91............................7240
    (j) Table 1 amended; interim...................................21959
    (j) Table 1 corrected..........................................32692
    (j) Table 1 and Table 2 amended................................41177
271.10  (e)(2) Note revised........................................43705
272  State hazardous waste management program authorizations......23648, 
                                                            41626, 41958
    State hazardous waste management program authorizations 
corrected..........................................................51762
280.20  (c)(1)(ii)(B) revised; (c)(1)(ii)(C) added.................38344
280.40  (a)(3) revised; interim.......................................26
280.91  (d) revised................................................66373
281  State underground storage tank program authorizations........21603, 
                                                            28089, 51333

                                  1992

40 CFR
                                                                   57 FR
                                                                    Page
Chapter I
260.10  Amended; eff. 7-29-92.......................................3486
    Amended...................................37263, 38564, 41611, 54460
    Regulation at 57 FR 37263 effective date corrected......39275, 41173
260.20  (a) amended................................................38564
261.2  (c)(2)(iv) revised..........................................38564
261.3  Revised......................................................7632
    (a)(2)(i), (c)(2)(ii)(B) and (d)(1) corrected; (c)(2)(ii)(C) 
correctly added....................................................23063
    (a)(2)(iii) and (c)(2)(ii)(C) revised; (f) added...............37263
    Regulation at 57 FR 37263 effective date corrected......39275, 41173
    (a)(2)(v) added................................................41611
    (e) removed....................................................49279
261.4  (b)(15) added...............................................21534
    (a)(10) revised................................................27888
    (b)(15) revised................................................29220
    (b)(15) correctly revised......................................29220
    (b)(6)(ii) introductory text and (9) revised...................30658
    (a)(10) revised................................................37305
261.5  (j) amended.................................................41612
261.6  (a)(2)(iii) and (3)(iii) removed; (a)(2)(iv), (v) and 
        (3)(iv) through (viii) redesignated as (a)(2)(iii), (iv) 
        and (3)(iii) through (vii); (a)(4) added...................41612
261.11  (a)(3) introductory text revised..............................14
261.31  Table amended..............................................61502
261.32  Amended....................................................37305
    Table amended..................................................47385
261  Appendix VII amended...................................37305, 47385
    Appendix IX amended..............................37885, 37888, 57674

[[Page 1170]]

    Appendix II amended............................................55117
262.34  (a)(1)(iii) introductory text amended; (a)(1)(iii)(B) and 
        (a)(1) concluding text revised; (a)(1)(iv) added; (a)(2) 
        removed....................................................37264
264.1  (g)(2) revised..............................................38564
264.13  (a)(1) revised..............................................8088
    (c)(3) added...................................................54460
264.15  (b)(4) revised; eff. 7-29-92................................3486
264.19  Added; eff. 7-29-92.........................................3486
264.73  (b)(6) revised; eff. 7-29-92................................3487
264.110  (b)(1), (2) and (3) amended; (b)(4) added.................37264
264.111  (c) revised...............................................37265
264.112  (a)(2) revised............................................37265
264.140  (b)(1), (2) and (3) amended; (b)(4) added.................37265
264.142  (a) introductory text revised.............................37265
264.143  (f)(10) introductory text revised.........................42835
264.145  (f)(11) introductory text revised.........................42836
264.147  (a)(7), (b)(7) and (f)(6) revised; (h)(4) and (5) added 
                                                                   42836
264.151  (f), (g), (h) and (k) revised; (n) added..................42836
264.221  (c) and (d) revised; (f), (g) and (h) redesignated as 
        (g), (h) and (i); new (f) added; eff. 7-29-92...............3487
264.222  Added; eff. 7-29-92........................................3487
264.223  Added; eff. 7-29-92........................................3488
264.226  (d) added; eff. 7-29-92....................................3488
264.228  (b)(2) and (3) redesignated as (b)(3) and (4); new (b)(2) 
        added; eff. 7-29-92.........................................3488
264.251  (c) through (g) redesignated as (g) through (k); new (c) 
        through (f) added; eff. 7-29-92.............................3488
264.252  Added; eff. 7-29-92........................................3489
264.253  Added; eff. 7-29-92........................................3489
264.254  (c) added; eff. 7-29-92....................................3489
264.301  (c) and (d) revised; (f) through (k) redesignated as (g) 
        through (l); new (f) added; eff. 7-29-92....................3489
264.302  Added; eff. 7-29-92........................................3490
264.303  (c) added; eff. 7-29-92....................................3490
264.304  Added; eff. 7-29-92........................................3491
264.310  (b)(3), (4) and (5) redesignated as (b)(4), (5) and (6); 
        new (b)(3) added; eff. 7-29-92..............................3491
264.314  (e) redesignated as (f); (a)(2), (b), and (d)(1)(ii) 
        revised; new (e) added.....................................54460
264.316  (b) and (c) revised.......................................54460
264.570  (a) revised; (c) added....................................61502
264.571  (a) amended; (b) revised..................................61503
264.572  Revised...................................................61503
264.573  (a)(4), (b) introductory text and (i) revised; (b)(3) 
        added......................................................61503
    (a)(4) revised..................................................5861
264.1100--264.1102 (Subpart DD)  Added.............................37265
265  Authority citation revised.....................................3491
265.1  (c)(6) revised..............................................38564
265.13  (a)(1) revised..............................................8088
    (c)(3) added...................................................54461
265.15  (b)(4) revised; eff. 7-29-92................................3491
265.19  Added; eff. 7-29-92.........................................3491
265.73  (b)(6) revised; eff. 7-29-92................................3492
265.110  (b)(1), (2) and (3) amended; (b)(4) added.................37267
265.111  (c) revised...............................................37267
265.112  (d)(4) amended............................................37267
265.140  (b) revised...............................................37267
265.142  (a) introductory text revised.............................37267
265.143  (e)(10) introductory text revised.........................42843
265.145  (e)(11) introductory text revised.........................42843
265.147  (a)(7), (b)(7) and (f)(6) revised; (h)(4) and (5) added 
                                                                   42843
265.221  Heading, (a) and (c) revised; (f) and (g) redesignated 
        from 265.222 (a) and (b); eff. 7-29-92......................3492
    (h) added......................................................37267
265.222  Heading revised; (a) and (b) redesignated as 265.221 (f) 
        and (g); new (a) through (c) added; eff. 7-29-92............3492
265.223  Added; eff. 7-29-92........................................3492
265.226  Heading revised; (b) added; eff. 7-29-92...................3493
265.228  (b)(2) and (3) redesignated as (b)(3) and (4); new (b)(2) 
        added; eff. 7-29-92.........................................3493

[[Page 1171]]

265.254  Revised; eff. 7-29-92......................................3493
265.255  Added; eff. 7-29-92........................................3493
265.259  Added; eff. 7-29-92........................................3494
265.260  Added; eff. 7-29-92........................................3494
265.301  Heading, (a) and (c) revised; (f), (g), (h) and (i) 
        redesignated from 265.302 (a), (b), (c) and (d); eff. 7-
        29-92.......................................................3494
    (d)(1) revised.................................................30658
265.302  (a), (b), (c) and (d) redesignated as 265.301 (f), (g), 
        (h) and (i); heading revised; (a), (b) and (c) added; eff. 
        7-29-92.....................................................3494
265.303  Added; eff. 7-29-92........................................3494
265.304  Added; eff. 7-29-92........................................3495
265.310  (b)(2), (3) and (4) redesignated as (b)(3), (4) and (5); 
        new (b)(2) added; eff. 7-29-92..............................3495
265.314  (f) redesignated as (g); (a)(2), (b) and (c)(1)(ii) 
        revised; new (f) added.....................................54461
265.316  (b) and (c) revised.......................................54461
265.440  (a) revised; (c) added....................................61503
265.441  (a) amended; (b) revised..................................61504
265.442  Revised...................................................61504
265.443  (a)(4), (b) introductory text and (i) revised; (b)(3) 
        added......................................................61504
265.443  (a)(4) revised.............................................5861
265.1100--265.1102 (Subpart DD)  Added.............................37268
266.40--266.44 (Subpart E)  Removed................................41612
266.100  (a) note removed..........................................27888
    (a) and (f) introductory text amended..........................38564
    (b)(1) revised.................................................41612
266.101  (c)(1) amended; (c)(2) revised............................38564
266.103  (b)(2)(ii) introductory text, (iii), (3)(ii)(B), (v), 
        (c)(1) introductory text, (ii)(A), (C), (iii), (vi), (5) 
        and (7)(ii)(B) revised.....................................38564
    (c)(1) and (3) revised.........................................45000
266.104  (f)(1) revised............................................38565
266.106  (b)(7) introductory text, (d) introductory text, (d)(1) 
        and (5) revised; (d)(3) amended............................38565
266.107  (a) revised...............................................38566
266.108  (c) amended...............................................38566
266.112  (b)(2)(i) revised.........................................38566
266  Appendix IX amended...........................................38566
    Appendix IX corrected..........................................44999
268.2  (g) revised; (h) added......................................37270
    Regulation at 57 FR 37270 effective date corrected......39275, 41173
268.3  (b) revised..................................................8089
268.5  (h)(2)(ii) amended; (h)(2)(iv) revised; (h)(2)(v) 
        redesignated as (h)(2)(vi); new (h)(2)(v) added............37270
    Regulation at 57 FR 37270 effective date corrected......39275, 41173
268.35  (e) revised................................................20770
    (c) revised; (k) added.........................................28632
268.41  (a) introductory text revised...............................8089
268.7  (a)(1)(iii), (iv), (2) introductory text, (3) (iv), (v), 
        (4) introductory text, (b)(4) introductory and (5) 
        introductory text revised; (a)(1)(v), (3)(vi) and (d) 
        added......................................................37270
    Regulation at 57 FR 37270 effective date corrected......39275, 41173
268.9  (d) revised.................................................37271
    Regulation at 57 FR 37271 effective date corrected......39275, 41173
268.14  Added......................................................37271
268.35  (c), (d) and (e) revised; eff. 10-13-92 to 5-8-93..........47776
268.36  Added......................................................37271
    Regulation at 57 FR 37271 effective date corrected......39275, 41173
268.40  (b) revised; (d) added.....................................37272
    Regulation at 57 FR 37272 effective date corrected......39275, 41173
268.41  (a) introductory text revised; (a) Table CCWE amended; (c) 
        added......................................................37272
    Regulation at 57 FR 37272 effective date corrected......39275, 41173
268.42  Table 2 amended.............................................8089
    (a) Table 2 amended; (b) and (d) revised.......................37273
    Regulation at 57 FR 37273 effective date corrected......39275, 41173
268.43  (a) Table CCW amended......................................37274
    Regulation at 57 FR 37274 effective date corrected......39275, 41173
268.45  Added......................................................37277
    Regulation at 57 FR 37277 effective date corrected......39275, 41173
268.46  Added......................................................37280
    Regulation at 57 FR 37280 effective date corrected......39275, 41173

[[Page 1172]]

268.50  (a)(1) and (2) introductory text revised...................37281
    Regulation at 57 FR 37281 effective date corrected......39275, 41173
268  Appendix II revised...........................................37281
270.4  (a) revised; eff. 7-29-92....................................3495
270.13  (n) added..................................................37281
270.14  (b)(2) revised.............................................37281
    Regulation at 57 FR 37281 effective date corrected......39275, 41173
270.17  (b) introductory text revised; (b)(2) and (3) redesignated 
        as (b)(6) and (7); new (b)(2) through (5) added; eff. 7-
        29-92.......................................................3495
270.18  (c) introductory text, (1) and (d) revised; eff. 7-29-92 
                                                                    3496
270.21  (b) introductory text, (1) and (c) revised; eff. 7-29-92 
                                                                    3496
270.42  (e)(3)(ii)(B) revised; Appendix I amended..................37281
    Regulation at 57 FR 37281 effective date corrected......39275, 41173
270.42  Appendix I amended; eff. 7-29-92............................3496
270.72  (b)(6) revised.............................................37282
    Regulation at 57 FR 37282 effective date corrected......39275, 41173
271  State hazardous waste management program authorizations.......4370, 
           4371, 4738, 7321, 7552, 7553, 8089, 9389, 9501, 9978, 15029, 
         15254, 18083, 18827, 19087, 19807, 20055, 20056, 20422, 20770, 
                                                     21351, 23063, 27942
271  State hazardous waste management program authorizations......29446, 
         30905, 32726, 33638, 41699, 45574, 45717, 45719, 45721, 45722, 
                         47996, 49140, 54932, 55466, 59825, 61003, 62231
271.1  (j) Table 1 amended; eff. 7-29-92............................3497
    (j) Table 1 amended............................................27888
    (j) Tables 1 and 2 amended.....................................37282
    (j) Table 1 amended................37306, 47385, 54461, 55117, 61504
    Regulation at 57 FR 37282 effective date corrected......39275, 41173
    (a) revised....................................................41612
    Authority citation revised.....................................61504
271.24  Revised; interim...........................................60132
271.26  Added......................................................41612
272.650  (a) and (b) revised; eff. 8-10-92.........................24758
272.651  Introductory text, (a)(1) and (b) revised.................11581
    Revised; eff. 8-10-92..........................................24758
272.652  Removed...................................................11582
272.700  (a) amended; (b) revised...................................3723
    (a) and (b) revised............................................45576
272.701  Introductory text, (a)(1), (2)(i), (ii) introductory 
        text, (b), (c) and (d) revised..............................3723
    Introductory text, (a) introductory text, (1), (2)(ii) 
introductory text, (b), (c) and (d) revised........................45576
272.1150  (a) and (b) revised.......................................3724
272.1200  (a) and (b) revised......................................47266
272.1201  Introductory text, (a)(1)(i), (ii), (2), (3)(i), (ii), 
        (b), (c) and (d) revised...................................47266
272.1151  Introductory text, (a)(1)(ii), (3)(ii), (b), (c) and (d) 
        revised.....................................................3725
272.1800  (a) and (b) revised.......................................4162
272.1801  Introductory text, (a)(1), (2), (c)(1) and (d) revised 
                                                                    4162
279  Added.........................................................41612
281  State underground storage tank program authorizations........34519, 
                                                                   41874
281  State underground storage tank program authorizations....186, 8420, 
                                                     24759, 29034, 29035

                                  1993

40 CFR
                                                                   58 FR
                                                                    Page
Chapter I
260.10  Amended.....................................................8682
260.11  (a) amended.........................................38883, 46049
260.22  (d)(1)(i) revised..........................................46049
261  Clarification.................................................15287
    OMB number.....................................................34370
    Determination..................................................42466
261.4  (b)(15) redesignated as (b)(13); (b)(14) added..............26424
261.5  (j) amended.................................................26424
261.22  (a)(1) and (2) revised.....................................46049
261.24  (a) revised................................................46049
261  Appendix II corrected..........................................6854
    Appendix IX amended.....................................40070, 42244
    Appendixes II and III revised..................................46049
    Appendix X removed.............................................46050
262  OMB number....................................................34370
264  OMB number....................................................34370

[[Page 1173]]

264.1  (g)(2) revised..............................................26424
    (g)(6) revised; interim........................................29884
264.3  Amended......................................................8683
264.101  (b) revised................................................8683
264.112  OMB number................................................18017
264.113  OMB number................................................18017
264.115  OMB number................................................18017
264.116  OMB number................................................18017
264.118  OMB number................................................18017
264.119  OMB number................................................18017
264.120  OMB number................................................18017
264.142  OMB number................................................18017
264.143  OMB number................................................18017
264.144  OMB number................................................18017
264.145  OMB number................................................18017
264.147  OMB number................................................18017
264.148  OMB number................................................18017
264.149  OMB number................................................18017
264.150  OMB number................................................18017
264.190  (a) amended...............................................46050
264.314  (c) revised...............................................46050
264.552--264.553 (Subpart S)  Added.................................8683
264.1035  OMB number...............................................18017
264.1036  OMB number...............................................18017
264.1062  OMB number...............................................18017
264.1064  OMB number...............................................18017
264.1065  OMB number...............................................18017
265  OMB number....................................................34370
265.1  (b) amended..................................................8685
    (c)(6) revised.................................................26424
    (c)(10) revised; interim.......................................29884
265.112  OMB number................................................18017
265.113  OMB number................................................18017
265.115  OMB number................................................18017
265.116  OMB number................................................18017
265.118  OMB number................................................18017
265.119  OMB number................................................18017
265.120  OMB number................................................18017
265.142  OMB number................................................18017
265.143  OMB number................................................18017
265.144  OMB number................................................18017
265.145  OMB number................................................18017
265.147  OMB number................................................18017
265.148  OMB number................................................18017
265.149  OMB number................................................18017
265.150  OMB number................................................18017
265.190  (a) amended...............................................46050
265.314  (d) revised...............................................46050
265.1035  OMB number...............................................18017
265.1064  OMB number...............................................18017
266  Meeting........................................................6607
    OMB number.....................................................34370
    Authority citation revised.....................................38883
266.104  (e)(3) revised............................................38883
266.106  (h) revised...............................................38883
266.112  (b)(2)(i) revised; interim................................59602
266  Appendix X removed............................................38883
    Appendix VII amended; interim..................................59603
268  OMB number....................................................34370
268.1  (e)(4) and (5) added; interim...............................29884
268.2  (c) revised..................................................8685
    (i) added; interim.............................................29884
268.3  (b) suspended in part to 6-17-93............................14319
268.7  (a) introductory text, (1)(ii) and (b)(4)(ii) revised; 
        interim....................................................29884
    (a) revised....................................................46050
268.9  (a) revised; interim........................................29885
268.35  (e) revised................................................28510
268.37  Added; interim.............................................29885
268.40  (b) revised; interim.......................................29885
    (a) revised....................................................46050
268.41  (a) table amended; interim.................................29885
    (a) introductory text revised..................................46050
268.42  (a) Table 2 suspended in part to 6-17-93...................14319
    (a) Table 2 amended; interim...................................29885
268.43  (a) table amended; interim.................................29886
268  Appendixes I and IX revised...................................46051
270  OMB number....................................................34370
270.2  Amended......................................................8685
270.6  (a) revised.................................................46051
270.19  (c)(1)(iii) amended; (c)(1)(iv) revised....................46051
270.42  Appendix I amended..........................................8685
270.62  (b)(2)(i)(C) amended; (b)(2)(i)(D) revised.................46051
270.66  (c)(2)(i) amended; (c)(2)(ii) revised......................46051
    Appendix I amended; interim....................................29886
271  State hazardous waste management program authorizations........500, 
            7865, 8232, 9120, 11539, 12174, 14319, 14321, 18162, 26242, 
         31344, 32855, 47216, 49932, 50854, 51244, 54044, 57745, 59367, 
                                                            59370, 60388
    Territorial hazardous waste management program authorizations 
                                                                   15806

[[Page 1174]]

    State hazardous waste management program authorizations; 
correction.........................................................26690
    Regulation at 57 FR 15254 corrected............................31474
    Regulation at 58 FR 26242 comment period reopened..............31911
    OMB number.....................................................34370
271.1  (j) Table 1 corrected........................................6854
    (j) Table 1 amended.............................................8685
    (j) Tables 1 and 2 amended.....................................29887
      (j) Table 1 amended; interim.................................59603
271.16  (a)(3)(ii)  revised........................................26424
271.26  (g) amended; (h) and Table 1 added.........................26424
272.1  Revised......................................................3500
272.2  Added........................................................3500
272.201  Added.....................................................52676
272.1301  Introductory text, (a), (b) and (c)(2) revised............3500
272.1601  Added....................................................52678
272.1851  Added....................................................52681
272.2500  Removed..................................................49200
272.2501  Revised..................................................49200
272  Appendix A added...............................................3500
    Appendix A amended........................49200, 52676, 52679, 52682
279.1  Amended.....................................................26425
279.10  (b)(2) introductory text, (c), (e)(4), and (i) revised; 
        (b)(2)(ii), (iii), (d)(1) and (e)(3)(ii) amended...........26425
279.11  Note added.................................................26425
279.12  (c)(3) added...............................................26425
279.21  (a) revised................................................26425
279.22  Amended....................................................26425
279.23  (b) removed; (a) redesignated as introductory text and 
        (a)(1), (2) and (3) redesignated as (a), (b) and (c).......26425
279.40  (a)(4) and (d)(4) amended..................................26425
279.42  (a) revised; (b)(1) amended................................26425
    (a) revised....................................................33342
279.43  (b) revised................................................26425
279.45  Introductory text and (d)(1)(ii) amended; (d)(1)(iii) 
        added......................................................26426
279.51  (a) revised................................................26426
    (a) revised....................................................33342
279.52  (b)(6)(viii)(C) amended....................................26426
279.54  Introductory text, (a), and (c)(1)(ii) amended; 
        (c)(1)(iii) added..........................................26426
279.60  (b)(1) amended.............................................26426
279.62  (a)(1) revised.............................................26426
    (a) revised....................................................33342
279.64  Amended....................................................26426
279.70  (a) amended................................................26426
279.72  (a) amended................................................26426
279.73  (a) revised................................................26426
    (a) revised....................................................33342
279.74  (a) amended................................................26426
280  OMB number....................................................34370
280.92  (a) through (o) designations removed; amended...............9050
280.94  (a) and (b) revised.........................................9051
280.104  Redesignated as 280.108....................................9051
    Added...........................................................9053
280.105  Redesignated as 280.109....................................9051
    Added...........................................................9054
280.106  Redesignated as 280.110....................................9051
    Added...........................................................9056
280.107  Redesignated as 280.111....................................9051
    Added...........................................................9059
280.108  Redesignated as 280.112; new 280.108 redesignated from 
        280.104.....................................................9051
280.109  Redesignated as 280.113; new 280.109 redesignated from 
        280.105 and revised.........................................9051
280.110  Redesignated as 280.114; new 280.110 redesignated from 
        280.106 and revised (OMB number)............................9051
280.111  Redesignated as 280.115; new 280.111 redesignated from 
        280.107 and revised (OMB number)............................9051
280.112  Redesignated as 280.116; new 280.112 redesignated from 
        280.108.....................................................9051
    Revised.........................................................9052
280.113  Redesignated from 280.109..................................9051
280.114  Redesignated from 280.110..................................9051
    Revised.........................................................9053
280.115  Redesignated from 280.111..................................9051
    Revised.........................................................9053
280.116  Redesignated from 280.112..................................9051
281    State underground storage tank program authorizations.......6894, 
                                                                   47217

[[Page 1175]]

    OMB number.....................................................34370
282  Added.........................................................58625
291.505  (d)(1)(i)(C), (iii)(B)(1), (C), (3)(i), (13)(i) and 
        (f)(2)(viii) amended; (d)(6)(ii) removed; (k) redesignated 
        as (l); (b)(2)(v), (vi)(D), (c)(4)(i), (ii), (d)(1)(ii), 
        (iv), (6) heading, (6)(i) heading, (h)(1) and new (l) 
        revised; (d)(1)(iii)(B)(6), (4)(v) and new (k) added.......38709

                                  1994

40 CFR
                                                                   59 FR
                                                                    Page
Chapter I
260.11  (a)  amended.................................................468
    (a)  corrected.................................................28484
    (a) and (b) amended............................................62926
260.30  Introductory text and (b) revised..........................48041
260.31  (a) introductory text and (b) introductory text revised....48041
260.32  Introductory text revised..................................48041
260.33  Revised....................................................48041
261.2  (e)(1)(iii) revised.........................................48041
261.3  (c)(2)(ii)(B) revised.......................................38545
261.4  (e)(2)(i), (ii), (3), (f)(3), (4) and (5) revised............8365
    (a)(12) added..................................................38545
261.6  (a)(3)(v) removed; (a)(3)(vi) and (vii) redesignated as 
        (a)(3)(v) and (vi); (a)(3)(iv) and new (vi) revised........38545
261.33  (e) table amended..........................................31551
261  Appendix VIII  amended...................................468, 31551
    Appendix IX  amended.....................................5726, 47814
    Appendix IX  corrected.........................................52862
262.34  (a)(1)(i), (ii) and (d)(2) revised.........................62926
264.1  (g)(6) revised..............................................48042
264.13  (b)(6) amended; (b)(8) added...............................62926
264.15  (b)(4) amended.............................................62926
264.73  (b)(3) and (6) revised.....................................62926
264.77  (c) revised................................................62926
264.151  (d) and (k) amended; eff. 8-9-94..........................29960
264.179  Added.....................................................62926
264.200  Added.....................................................62926
264.232  Added.....................................................62926
264.601  Introductory text amended.................................62927
264.1033  (k)(2) revised; (m) added................................62927
264.1080--264.1091 (Subpart CC)  Added.............................62927
264  appendix I amended............................................13891
265.1  (c)(10) revised.............................................48042
    (b) amended....................................................62934
265.13  (b)(6) amended; (b)(8) added...............................62935
265.15  (b)(4) amended.............................................62935
265.73  (b)(3) and (6) revised.....................................62935
265.77  (d) revised................................................62935
265.178  Added.....................................................62935
265.202  Added.....................................................62935
265.231  Added.....................................................62935
265.1033  (j)(2) revised; (l) added................................62935
265.1080--265.1091 (Subpart CC)  Added.............................62935
265  Appendix I amended............................................13892
266.20  (c) added..................................................43500
266.23  (a) revised................................................48042
266.100  (b)(3) revised............................................38545
    (c)(1) introductory text, (3) introductory text, (i) 
introductory text, (A) and (ii) introductory text revised..........48042
266  Appendix XIII added...........................................48042
268.1  (c)(3)(ii), (e)(4) and (5) revised; (c)(3)(iii) added.......48043
268.2  (g) and (i) revised.........................................48043
    (a) revised....................................................47980
    (a) and (b)(4)(ii) revised; (b)(5)(i) added....................48043
268.9  (a), (d)(1)(i) and (ii) revised; (d)(1)(iii) removed; 
        (d)(2)(i) and (ii) added...................................48045
268.38  Added......................................................48045
268.40  Revised....................................................48046
268.41  (a) table amended..........................................43500
    Revised........................................................48103
268.42  Amended....................................................31552
    Note added; (a) introductory text, (c)(2) and (d) revised; 
Table 2 and Table 3 removed........................................48103
268.43  Revised....................................................48103
268.45  (b)(2) revised.............................................48103
268.46  Revised....................................................48103
268.48  Added......................................................48103
268  Appendix IV revised; Appendix V removed; Appendix X added.....48107

[[Page 1176]]

270  Permit application deadline extension.........................29372
270.4  (a)(2) and (3) revised; (a)(4) added........................62952
270.14  (b)(5) revised.............................................62952
270.15  (e) added..................................................62952
270.16  (k) added..................................................62952
270.17  (j) added..................................................62952
270.27  Added......................................................62952
271  State hazardous waste management program authorizations.......1275, 
        2752, 2998, 3792, 4594, 7641, 8544, 12857, 15633, 16566, 16568, 
         16987, 16991, 17273, 21664, 27472, 29734, 30525, 32377, 35266, 
         39967, 39971, 41979, 43290, 51115, 51116, 51122, 53753, 55322, 
                                55368, 56000, 56397, 56407, 60910, 66200
    Regulation  at 59 FR 27472 eff. date corrected to 7-26-94......32489
    Technical correction...........................................56573
    Corrected......................................................60686
271.1  (j) Table 1 and Table 2 amended.............................48109
    (j) Table 1 amended............................................62952
    (j) Table 2 amended............................................62953
271.16  (a)(3)(ii) revised.........................................10559
272  State hazardous waste management program authorizations......30528, 
                                                            52084, 56114
272.151  Added.....................................................52920
272.1200  Removed..................................................45987
272.1201  Revised..................................................45987
272  Appendix A amended.....................................45987, 52921
279.1  Amended.....................................................10559
279.10  (b)(1)(ii) amended; (b)(2)(iii) and (g) revised............10559
279.20  (b)(2) revised.............................................10560
279.41  (c) added..................................................10560
279.44  (c) introductory text amended..............................10560
279.46  (a)(5) and (b)(5) revised..................................10560
279.53  (c) introductory text amended..............................10560
279.63  (c) amended................................................10560
280.91  (e) revised; (f) added......................................9607
280.99  (b) amended; eff. 8-9-94...................................29960
281  State  underground storage tank program authorizations........29201
282.66  Added......................................................49212
282  Appendix A amended............................................49213

                                  1995

40 CFR
                                                                   60 FR
                                                                    Page
Chapter I
260  Technical correction..........................................35452
260.10  Amended....................................................25540
260.11  (a) amended..........................................3095, 17004
    Regulation at 59 FR 62926 eff. date delayed to 12-6-95.........26828
    Regulation at 59 FR 62926 eff. date delayed to 6-6-96..........56952
260.20  (a) revised................................................25540
260.23  Added......................................................25540
261  Determination..................................................7366
    Interpretation.................................................41817
261.3  (a)(2)(iv)(E) amended; (a)(2)(iv)(F), (G) and (c)(2)(ii)(D) 
        added; eff. 8-9-95..........................................7848
261.5  (c), (f)(3) and (g)(3) revised..............................25541
261.6  (a)(3)(ii) removed; (a)(3)(iii) through (vi) redesignated 
        as (a)(3)(ii) through (v)..................................25541
261.9  Added.......................................................25541
261.31  (a) amended................................................33913
261.32  Table amended; eff. 8-9-95..................................7849
261.33  (e) table and (f) table amended; eff. 8-9-95................7849
    (e) table and (f) table corrected..............................19165
    (e) table corrected............................................25620
261  Appendix IX amended................1746, 31114, 31118, 54312, 54313
    Appendixes VII and VIII amended; eff. 8-9-95....................7853
    Appendix VIII corrected........................................19165
262  Technical correction..........................................35452
262.10  (b) through (f) redesignated as (c) through (g); new (b) 
        added......................................................25541
262.11  (d) revised................................................25541
262.34  Regulation at 59 FR 62926 eff. date delayed to 12-6-95.....26828
    Regulation at 59 FR 62926 eff. date delayed to 6-6-96..........56952
264  Technical correction..........................................35452
264.1  (g)(11) added...............................................25542
264.13  Regulation at 59 FR 62926 eff. date delayed to 12-6-95.....26828
    Regulation at 59 FR 62926 eff. date delayed to 6-6-96..........56952
264.15  Regulation at 59 FR 62926 eff. date delayed to 12-6-95.....26828

[[Page 1177]]

    Regulation at 59 FR 62926 eff. date delayed to 6-6-96..........56952
264.73  Regulation at 59 FR 62926 eff. date delayed to 12-6-95.....26828
    Regulation at 59 FR 62926 eff. date delayed to 6-6-96..........56952
264.77  Regulation at 59 FR 62926 eff. date delayed to 12-6-95.....26828
    Regulation at 59 FR 62926 eff. date delayed to 6-6-96..........56952
264.179  Regulation at 59 FR 62926 eff. date delayed to 12-6-95....26828
    Regulation at 59 FR 62926 eff. date delayed to 6-6-96..........56952
264.200  Regulation at 59 FR 62926 eff. date delayed to 12-6-95....26828
    Regulation at 59 FR 62926 eff. date delayed to 6-6-96..........56952
264.232  Regulation at 59 FR 62926 eff. date delayed to 12-6-95....26828
    Regulation at 59 FR 62926 eff. date delayed to 6-6-96..........56952
264.314  (e)(2)(ii) amended; (e)(2)(iii) added.....................35705
264.601  Regulation at 59 FR 62927 eff. date delayed to 12-6-95....26828
    Regulation at 59 FR 62927 eff. date delayed to 6-6-96..........56952
264.1033  Regulation at 59 FR 62927 eff. date delayed to 12-6-95 
                                                                   26828
    Regulation at 59 FR 62927 eff. date delayed to 6-6-96..........56952
264.1080--264.1091 (Subpart CC)  Regulation at 59 FR 62927 eff. 
        date delayed to 12-6-95....................................26828
    Regulation at 59 FR 62927 eff. date delayed to 6-6-96..........56952
264.1080  (b)(1) and (c) revised; eff. 12-6-95.....................26828
    (d) added......................................................50428
    (b)(1) and (c) revised.........................................56953
264.1089  (i) added................................................50429
265  Technical correction..........................................35452
265.1  (c)(14) added...............................................25542
    Regulation at 59 FR 62934 eff. date delayed to 12-6-95.........26828
    Regulation at 59 FR 62934 eff. date delayed to 6-6-96..........56952
265.13  Regulation at 59 FR 62935 eff. date delayed to 12-6-95.....26828
    Regulation at 59 FR 62934 eff. date delayed to 6-6-96..........56952
265.15  Regulation at 59 FR 62935 eff. date delayed to 12-6-95.....26828
    Regulation at 59 FR 62934 eff. date delayed to 6-6-96..........56952
265.73  Regulation at 59 FR 62935 eff. date delayed to 12-6-95.....26828
    Regulation at 59 FR 62934 eff. date delayed to 6-6-96..........56952
265.77  Regulation at 59 FR 62935 eff. date delayed to 12-6-95.....26828
    Regulation at 59 FR 62934 eff. date delayed to 6-6-96..........56952
265.178  Regulation at 59 FR 62935 eff. date delayed to 12-6-95....26828
    Regulation at 59 FR 62934 eff. date delayed to 6-6-96..........56952
265.202  Regulation at 59 FR 62935 eff. date delayed to 12-6-95....26828
    Regulation at 59 FR 62934 eff. date delayed to 6-6-96..........56952
265.231  Regulation at 59 FR 62935 eff. date delayed to 12-6-95....26828
    Regulation at 59 FR 62934 eff. date delayed to 6-6-96..........56952
265.314  (f)(2)(ii) amended; (f)(2)(iii) added.....................35705
265.1033  Regulation at 59 FR 62935 eff. date delayed to 12-6-95 
                                                                   26828
    Regulation at 59 FR 62934 eff. date delayed to 6-6-96..........56952
265.1080--265.1091 (Subpart CC)  Regulation at 59 FR 62935 eff. 
        date delayed to 12-6-95....................................26828
    Regulation at 59 FR 62934 eff. date delayed to 6-6-96..........56952
265.1080  (b)(1) and (c) introductory text revised; eff. 12-6-95 
                                                                   26829
    (d) added......................................................50429
    (b)(1) and (c) introductory text revised.......................56953

[[Page 1178]]

265.1082  (a) introductory text, (1), (2) introductory text, (iii) 
        and (iv) revised; eff. 12-6-95.............................26829
    (a) introductory text, (1), (2) introductory text, (iii) and 
(iv) revised.......................................................56954
265.1090  (i) added................................................50429
266.80  (a) and (b) revised........................................25542
266.103  (c)(5) revised............................................33913
266.104  (f) removed; (g), (h) and (i) redesignated as (f), (g) 
        and (h)....................................................33914
267  Removed.......................................................33914
268.1  (f) added...................................................25542
268.2  (i) revised...................................................244
268.7  (a)(1) introductory text, (ii), (iv), (v), (2)(i)(B), 
        (3)(vi), (8), (b)(4)(ii), (d) introductory text and (1) 
        revised; (a)(1)(vi) and (3)(vii) added.......................244
268.9  (a) and (d)(2)(i) revised.....................................245
268.40  Table revised................................................246
268.42  Table 1 amended..............................................302
268.48  Table amended................................................302
268  Appendix X amended..............................................302
270  Interpretation.................................................6666
    Technical correction...........................................35452
270.1  (c)(2)(viii) added..........................................25542
270.2  Amended..............................................33914, 63433
270.4  Regulation at 59 FR 62952 eff. date delayed to 12-6-95......26828
    Regulation at 59 FR 62952 eff. date delayed to 6-6-96..........56952
270.10  (e)(4), (f)(2) and (g)(1)..................................33914
270.14  Regulation at 59 FR 62952 eff. date delayed to 12-6-95.....26828
    Regulation at 59 FR 62952 eff. date delayed to 6-6-96..........56952
    (b)(22) added..................................................63433
270.15  Regulation at 59 FR 62952 eff. date delayed to 12-6-95.....26828
    Regulation at 59 FR 62952 eff. date delayed to 6-6-96..........56952
270.16  Regulation at 59 FR 62952 eff. date delayed to 12-6-95.....26828
    Regulation at 59 FR 62952 eff. date delayed to 6-6-96..........56952
270.17  Regulation at 59 FR 62952 eff. date delayed to 12-6-95.....26828
    Regulation at 59 FR 62952 eff. date delayed to 6-6-96..........56952
270.27  Regulation at 59 FR 62952 eff. date delayed to 12-6-95.....26828
    Regulation at 59 FR 62952 eff. date delayed to 6-6-96..........56952
270.30  (m) added..................................................63433
270.61  (b)(5) introductory text amended...........................63433
270.62  (b)(6) through (10) redesignated as (b)(7) through (11); 
        new (b)(6) added; (d) revised..............................63433
270.66  (d)(3), (4) and (5) redesignated as (d)(4), (5) and (6); 
        new (d)(3) added...........................................63433
    (g) revised....................................................63434
271  State hazardous waste management program authorizations.......2534, 
            2699, 3095, 4380, 18356, 18358, 18360, 18549, 20238, 22524, 
         24790, 28539, 31642, 33753, 36731, 38502, 41818, 42046, 43979, 
           45069, 45071, 49800, 51925, 52629, 53704, 53707, 53708, 58520
    Authority citation revised..............................33914, 35705
    Technical correction...........................................35452
271.1  (j) Table 1 amended; eff. 8-9-95.............................7856
    Regulations at 59 FR 62952 and 62953 eff. date delayed to 12-
6-95...............................................................26828
    (j) Tables 1 and 2 amended; eff. 12-6-95.......................26829
    (j) Table 1 amended............................................35706
    Regulation at 59 FR 62952 and 62953 eff. date delayed to 6-6-
96.................................................................56952
    (j) Tables 1 and 2 amended.....................................56954
271.3  (c), (d) and (e) removed; (f) redesignated as (c)...........33914
271.20  (e) revised................................................33914
271.121--271.138 (Subpart B)  Removed..............................33914
272.151  Revised...................................................44279
272.201  Revised; eff. 8-21-95.....................................32112
272.1601  Revised; eff. 8-21-95....................................32114
272  Appendix A amended; eff. 8-21-95.......................32112, 32115
    Appendix A amended.............................................44280
273  Added.........................................................25542
279.10  (b)(2) note added..........................................55206
280  Authority citation revised....................................46711

[[Page 1179]]

280.200--280.230 (Subpart I)  Added................................46711
281  State underground storage tank program authorizations........10331, 
                                12630, 12709, 14334, 14371, 14372, 34879
    Authority citation revised.....................................46715
281.39  Added......................................................46715
282.94  Added......................................................52344
282.95  Added......................................................47301
282.65  Added......................................................12632
282.84  Added; eff. 8-21-95........................................32470
282.91  Added......................................................14336
282  Appendix A amended.......................12633, 14336, 47301, 52344
    Appendix A amended; eff. 8-21-95...............................32471

                                  1996

   (Regulations published from January 1, 1996, through July 1, 1996)

40 CFR
                                                                   61 FR
                                                                    Page
260.2  (b) revised; eff. 7-11-96...................................16309
260.11  Regulation at 59 FR 62926 eff. date delayed to 10-6-96.....28508
261.4  (a)(12) revised.............................................13106
261.5  (f)(3)  and (g)(3) revised; eff. 1-1-97.....................34278
261.6  (a)(5) added; eff. 7-11-96..................................16309
261  Appendix IX amended...........................................18091
262  Authority citation revised....................................16309
262.10  (d) through (g) redesignated (e) through (h); new (d) 
        added; eff.7-11-96.........................................16309
262.34  (a)(1)(i) amended...........................................4911
    Regulation at 59 FR 62926 eff. date delayed to 10-6-96.........28508
262.53  (b) revised; eff. 7-11-96..................................16309
262.56  (b) revised; eff. 7-11-96..................................16309
262.58  Added; eff. 7-11-96........................................16310
262.80--262.89 (Subpart H)  Added; eff. 7-11-96....................16310
263  Authority citation revised....................................16314
263.10  (d) added; eff. 7-11-96....................................16314
263.20  (a) revised; eff. 7-11-96..................................16315
264.12  (a) redesignated as (a)(1); (a)(2) added; eff. 7-11-96.....16315
264.13  (b)(8)(i) and (ii) revised..................................4911
    Regulation at 59 FR 62926 eff. date delayed to 10-6-96.........28508
264.15  Regulation at 59 FR 62926 eff. date delayed to 10-6-96.....28508
264.71  (d) added; eff. 7-11-96....................................16315
264.73  Regulation at 59 FR 62926 eff. date delayed to 10-6-96.....28508
264.77  Regulation at 59 FR 62926 eff. date delayed to 10-6-96.....28508
264.179  Regulation at 59 FR 62926 eff. date delayed to 10-6-96....28508
264.200  Regulation at 59 FR 62926 eff. date delayed to 10-6-96....28508
264.232  Regulation at 59 FR 62926 eff. date delayed to 10-6-96....28508
264.601  Regulation at 59 FR 62927 eff. date delayed to 10-6-96....28508
264.1033  (a)(2) amended; (k)(2) and (m) revised....................4911
    Regulation at 59 FR 62927 eff. date delayed to 10-6-96.........28508
264.1080--264.1091 (Subpart CC)  Regulation at 59 FR 62927 eff. 
        date delayed to 10-6-96....................................28508
264.1080  (b)(1) and (c) revised...................................28509
264.1082  (c)(2)(iii) and (d) amended...............................4911
264.1083  (a)(1) and (b)(1) amended.................................4911
264.1084  (b)(4) and (e) introductory text amended; (c) revised.....4912
264.1085  (d) introductory text and (f) introductory text amended 
                                                                    4912
264.1086  (b)(1) amended; (b)(2)(ii)(B), (3) and (c) introductory 
        text revised; (b)(2)(ii)(C) added...........................4912
264.1087  (c)(3)(ii) revised........................................4913
264.1088  (d) revised...............................................4913
264.1089  (a)(1) and (e) amended....................................4913
264.1090  (a) and (c) amended; (d) revised..........................4913
264.1091  (a)(3) added..............................................4913
265  Authority citation revised....................................16315
265.1  Regulation at 59 FR 62934 eff. date delayed to 10-6-96......28508

[[Page 1180]]

265.12  (a) redesignated as (a)(1); (a)(2) added; eff. 7-11-96.....16315
265.13  (b)(8)(i) and (ii) revised..................................4913
    Regulation at 59 FR 62934 eff. date delayed to 10-6-96.........28508
265.15  Regulation at 59 FR 62934 eff. date delayed to 10-6-96.....28508
265.71  (d) added; eff. 7-11-96....................................16315
265.73  Regulation at 59 FR 62934 eff. date delayed to 10-6-96.....28508
265.77  Regulation at 59 FR 62934 eff. date delayed to 10-6-96.....28508
265.178  Regulation at 59 FR 62934 eff. date delayed to 10-6-96....28508
265.202  Regulation at 59 FR 62934 eff. date delayed to 10-6-96....28508
265.231  Regulation at 59 FR 62934 eff. date delayed to 10-6-96....28508
265.1033  (a)(2) amended; (j)(2) and (l) revised....................4913
    Regulation at 59 FR 62934 eff. date delayed to 10-6-96.........28508
265.1080--265.1091 (Subpart CC)  Regulation at 59 FR 62934 eff. 
        date delayed to 10-6-96....................................28508
265.1080  (b)(1) and (c) introductory text revised.................28510
265.1081  Amended...................................................4914
265.1082  (a) introductory text, (1), (2) introductory text, (iii) 
        and (iv) revised...........................................28510
265.1083  (c)(2)(iii) and (d) amended...............................4914
265.1084  (a)(2)(iii) and (b)(2)(iii) added; (a)(5)(iv) 
        introductory text and (b)(4)(iv) introductory text 
        revised; (a)(5)(v)(C), (b)(6)(iii)(B), (iv) and (c)(3)(i) 
        amended.....................................................4914
265.1085  (b)(4) amended; (c) revised...............................4914
265.1086  (d) amended...............................................4915
265.1087  (b)(1) amended; (b)(2)(ii)(B), (3) and (c) introductory 
        text revised; (b)(2)(ii)(C) added...........................4915
265.1088  (c)(3)(ii) revised........................................4915
265.1089  (d) revised...............................................4915
265.1090  (a)(1) and (e) amended....................................4915
265.1091  (a)(1)(i) revised.........................................4915
266  Authority citation revised....................................16315
266.70  (b)(2) amended; (b)(3) added; eff. 7-11-96.................16315
268.1  (e)(3) amended; (e)(4) revised; (e)(5) removed..............15597
    Regulation at 61 FR 15597 withdrawn............................15662
    (c)(3) removed.................................................15663
    Regulations at 61 FR 15662 and 15663 eff. date corrected to 4-
8-96...............................................................19117
    (c)(3) and (4) added...........................................33682
268.2  (f) and (i) revised; (j), (k) and (l) added; eff. in part 
        4-8-98.....................................................15597
    Regulation at 61 FR 15597 withdrawn in part....................15662
    Regulation at 61 FR 15662 eff. date corrected to 4-8-96........19117
    (j) revised....................................................33682
268.3  Revised; eff. in part 4-8-98................................15598
    Regulation at 61 FR 15598 withdrawn............................15662
    Revised........................................................15663
    Regulations at 61 FR 15662 and 15663 eff. date corrected to 4-
8-96...............................................................19117
    (b) revised....................................................33682
268.7  (a) introductory text, (1)(iv) and (v) amended; (a)(1)(ii), 
        (2)(i)(B), (3)(ii), (b)(4)(ii) and (5)(iv) revised; 
        (a)(1)(vi) removed; (b)(5)(v) added........................15598
268.8  Removed.....................................................15599
268.9  (a), (d) introductory text, (1)(i) and (ii) revised; 
        (d)(3), (e), (f) and (g) added; eff. in part 1-8-97 and in 
        part 4-8-98................................................15599
    Regulation at 61 FR 15599 withdrawn in part....................15662
    Regulation at 61 FR 15662 eff. date corrected to 4-8-96........19117
268.10  Removed....................................................15599
268.11  Removed....................................................15599
268.12  Removed....................................................15599
268.39  Added; eff. in part 4-8-98.................................15599
    Regulation at 61 FR 15599 withdrawn............................15662
    Added..........................................................15663

[[Page 1181]]

    Regulations at 61 FR 15662 and 15663 eff. date corrected to 4-
8-96; (c) corrected................................................19117
    (e) revised....................................................33683
268.40  (e) revised; table amended.................................15600
    Regulation at 61 FR 15600 withdrawn in part....................15662
    (e) revised....................................................15663
    Table amended..................................................15664
    Regulations at 61 FR 15662 and 15663 eff. date corrected to 4-
8-96...............................................................19117
    (a) and table amended; (e) revised.............................33683
268.42  Table I amended............................................15654
268.44  (a) revised................................................15654
    Regulation at 61 FR 15654 withdrawn............................15662
    Regulation at 61 FR 15662 eff. date corrected to 4-8-96........19117
268.48  (a) table revised; eff. 4-8-98.............................15654
    (a) table revised..............................................33690
268  Appendix XI added.............................................15658
270.4  Regulation at 59 FR 62952 eff. date delayed to 10-6-96......28508
270.14  Regulation at 59 FR 62952 eff. date delayed to 10-6-96.....28508
270.15  Regulation at 59 FR 62952 eff. date delayed to 10-6-96.....28508
270.16  Regulation at 59 FR 62952 eff. date delayed to 10-6-96.....28508
270.17  Regulation at 59 FR 62952 eff. date delayed to 10-6-96.....28508
270.27  (a)(1) and (3) amended......................................4916
    Regulation at 59 FR 62952 eff. date delayed to 10-6-96.........28508
271  State hazardous waste management program authorizations.......2450, 
             4742, 5718, 7736, 9108, 10684, 13777, 18281, 18284, 18502, 
                                18504, 25794, 25796, 25799, 32345, 32699
271.1  (j) Tables 1 and 2 amended...........................15659, 28510
    (j) Table 1 amended; eff. 1-1-97...............................34278
    Regulations at 59 FR 62952, 62953 eff. date delayed to 10-6-96
                                                                   28508
273.20  Introductory text revised; eff. 7-11-96....................16315
273.40  Introductory text revised; eff. 7-11-96....................16316
273.56  Introductory text revised; eff. 7-11-96....................16316
273.70  Introductory text revised; (d) added; eff. 7-11-96.........16316
279.10  (b)(2)(iii) note removed...................................33693
281  State underground storage tank program authorizations..........3599
282.53  Added.......................................................1214
282.60  Added.......................................................4225
282.68  Added.......................................................1212
282.69  Added.......................................................6555
282.81  Added.......................................................1217
282.86  Added.......................................................1221
282.89  Added.......................................................6320
282.93  Added.......................................................1224
282  Appendix A amended....1213, 1215, 1218, 1222, 1226, 4226, 6321, 655