[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2000 Edition]
[From the U.S. Government Printing Office]



[[Page i]]



                    40


          Parts 266 to 299

                         Revised as of July 1, 2000

Protection of Environment





          Containing a Codification of documents of general 
          applicability and future effect
          As of July 1, 2000
          With Ancillaries
          Published by
          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 : 2000



               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........     603
      Table of CFR Titles and Chapters........................     609
      Alphabetical List of Agencies Appearing in the CFR......     627
      List of CFR Sections Affected...........................     637



[[Page iv]]


      


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

                     Cite this Code:  CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus,  40 CFR 266.20 
                       refers to title 40, part 
                       266, section 20.

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

[[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, 2000), 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). 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.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

[[Page vii]]


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 or e-mail 
[email protected].

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.

ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, The United States 
Government Manual, the Federal Register, Public Laws, Public Papers, 
Weekly Compilation of Presidential Documents and the Privacy Act 
Compilation are available in electronic format at www.access.gpo.gov/
nara (``GPO Access''). For more information, contact Electronic 
Information Dissemination Services, U.S. Government Printing Office. 
Phone 202-512-1530, or 888-293-6498 (toll-free). E-mail, 
[email protected].
    The Office of the Federal Register also offers a free service on the 
National Archives and Records Administration's (NARA) World Wide Web 
site for public law numbers, Federal Register finding aids, and related 
information. Connect to NARA's web site at www.nara.gov/fedreg. The NARA 
site also contains links to GPO Access.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

July 1, 2000.



[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of twenty-four 
volumes. The parts in these volumes are arranged in the following order: 
parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-End), 
parts 53-59, part 60, parts 61-62, part 63 (63.1-63.1199), part 63 
(63.1200-End), parts 64-71, parts 72-80, parts 81-85, part 86, parts 87-
135, parts 136-149, parts 150-189, parts 190-259, parts 260-265, parts 
266-299, 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, 2000.

    Chapter I--Environmental Protection Agency appears in all twenty-
four volumes. A Pesticide Tolerance Commodity/Chemical Index and Crop 
Grouping Commodities Index appear 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 50-51, 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 this volume, Jonn V. Lilyea 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 266 to 299)

  --------------------------------------------------------------------
                                                                    Part

chapter i--Environmental Protection Agency (Continued)......         266

[[Page 3]]



                   CHAPTER I--ENVIRONMENTAL PROTECTION






                           AGENCY (CONTINUED)




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

                 SUBCHAPTER I--SOLID WASTES (CONTINUED)
Part                                                                Page
266             Standards for the management of specific 
                    hazardous wastes and specific types of 
                    hazardous waste management facilities...           5
267             [Reserved]
268             Land disposal restrictions..................         117
270             EPA administered permit programs: The 
                    Hazardous Waste Permit Program..........         282
271             Requirements for authorization of State 
                    hazardous waste programs................         358
272             Approved State hazardous waste management 
                    programs................................         381
273             Standards for universal waste management....         416
279             Standards for the management of used oil....         432
280             Technical standards and corrective action 
                    requirements for owners and operators of 
                    underground storage tanks (UST).........         458
281             Approval of state underground storage tank 
                    programs................................         529
282             Approved underground storage tank programs..         540
283-299         [Reserved]

[[Page 5]]





                 SUBCHAPTER I--SOLID WASTES (Continued)





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 constitutes 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.

Subparts 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.
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.

Subparts I-L [Reserved]

                      Subpart M--Military Munitions

266.200  Applicability.
266.201  Definitions.
266.202  Definition of solid waste.
266.203  Standards applicable to the transportation of solid waste 
          military munitions.
266.204  Standards applicable to emergency responses.
266.205  Standards applicable to the storage of solid waste military 
          munitions.
266.206  Standards applicable to the treatment and disposal of waste 
          military munitions.

                         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, and 3014, 6905, 6906, 
6912, 6922, 6924, 6925, and 6937.

    Source: 50 FR 666, Jan. 4, 1985, unless otherwise noted.

Subparts A--B [Reserved]

[[Page 6]]



 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 constitutes 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.



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]

[[Page 7]]



  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]



          Subpart G--Spent Lead-Acid Batteries Being Reclaimed



Sec. 266.80  Applicability and requirements.

    (a) Are spent lead-acid batteries exempt from hazardous waste 
management requirements? If you generate, collect, transport, store, or 
regenerate lead-acid batteries for reclamation purposes, you may be 
exempt from certain hazardous waste management requirements. Use the 
following table to determine which requirements apply to you. 
Alternatively, you may choose to manage your spent lead-acid batteries 
under the ``Universal Waste'' rule in 40 CFR part 273.

[[Page 8]]



----------------------------------------------------------------------------------------------------------------
      If your batteries * * *         And if you * * *             Then you * * *              And you * * *
----------------------------------------------------------------------------------------------------------------
(1) Will be reclaimed through                             are exempt from 40 CFR parts     are subject to 40 CFR
 regeneration (such as by                                  262 (except for Sec.  262.11)    parts 261 and Sec.
 electrolyte replacement).                                 263, 264, 265, 266, 268, 270,    262.11 of this
                                                           124 of this chapter, and the     chapter.
                                                           notification requirements at
                                                           section 3010 of RCRA.
----------------------------------------------------------------------------------------------------------------
(2) Will be reclaimed other than    generate, collect,    are exempt from 40 CFR parts     are subject to 40 CFR
 through regeneration.               and/or transport      262 (except for Sec.  262.11)    parts 261 and Sec.
                                     these batteries.      263, 264, 265, 266, 270, 124     262.11, and
                                                           of this chapter, and the         applicable
                                                           notification requirements at     provisions under
                                                           section 3010 of RCRA.            part 268.
----------------------------------------------------------------------------------------------------------------
(3) Will be reclaimed other than    store these           are exempt from 40 CFR parts     are subject to 40 CFR
 through regeneration.               batteries but you     262 (except for Sec.  262.11)    parts 261, Sec.
                                     aren't the            263, 264, 265, 266, 270, 124     262.11, and
                                     reclaimer.            of this chapter, and the         applicable
                                                           notification requirements at     provisions under
                                                           section 3010 of RCRA.            part 268.
----------------------------------------------------------------------------------------------------------------
(4) Will be reclaimed other than    store these           must comply with 40 CFR          are subject to 40 CFR
 through regeneration.               batteries before      266.80(b) and as appropriate     parts 261, Sec.
                                     you reclaim them.     other regulatory provisions      262.11, and
                                                           described in 266.80(b).          applicable
                                                                                            provisions under
                                                                                            part 268.
----------------------------------------------------------------------------------------------------------------
(5) Will be reclaimed other than    don't store these     are exempt from 40 CFR parts     are subject to 40 CFR
 through regeneration.               batteries before      262 (except for Sec.  262.11)    parts 261, Sec.
                                     you reclaim them.     263, 264, 265, 266, 270, 124     262.11, and
                                                           of this chapter, and the         applicable
                                                           notification requirements at     provisions under
                                                           section 3010 of RCRA.            part 268.
----------------------------------------------------------------------------------------------------------------


[[Page 9]]

    (b) If I store spent lead-acid batteries before I reclaim them but 
not through regeneration, which requirements apply? The requirements of 
paragraph (b) of this section apply to you if you store spent lead-acid 
batteries before you reclaim them, but you don't reclaim them through 
regeneration. The requirements are slightly different depending on your 
RCRA permit status.
    (1) For Interim Status Facilities, you must comply with:
    (i) Notification requirements under section 3010 of RCRA.
    (ii) All applicable provisions in subpart A of part 265 of this 
chapter.
    (iii) All applicable provisions in subpart B of part 265 of this 
chapter except Sec. 265.13 (waste analysis).
    (iv) All applicable provisions in subparts C and D of part 265 of 
this chapter.
    (v) All applicable provisions in subpart E of part 265 of this 
chapter except Secs. 265.71 and 265.72 (dealing with the use of the 
manifest and manifest discrepancies).
    (vi) All applicable provisions in subparts F through L of part 265 
of this chapter.
    (vii) All applicable provisions in parts 270 and 124 of this 
chapter.
    (2) For Permitted Facilities:
    (i) Notification requirements under section 3010 of RCRA.
    (ii) All applicable provisions in subpart A of part 264 of this 
chapter.
    (iii) All applicable provisions in subpart B of part 264 of this 
chapter (but not Sec. 264.13 (waste analysis).
    (iv) All applicable provisions in subparts C and D of part 264 of 
this chapter.
    (v) All applicable provisions in subpart E of part 264 of this 
chapter (but not Sec. 264.71 or Sec. 264.72 (dealing with the use of the 
manifest and manifest discrepancies).
    (vi) All applicable provisions in subparts F through L of part 264 
of this chapter.
    (vii) All applicable provisions in parts 270 and 124 of this 
chapter.

[63 FR 71229, Dec. 24, 1998]



  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) Integration of the MACT standards. (1) Except as provided by 
paragraph (b)(2) of this section, the standards of this part no longer 
apply when an affected source demonstrates compliance with the maximum 
achievable control technology (MACT) requirements of part 63, subpart 
EEE, of this chapter by conducting a comprehensive performance test and 
submitting to the Administrator a Notification of Compliance under 
Secs. 63.1207(j) and 63.1210(d) of this chapter documenting compliance 
with the requirements of subpart EEE. Nevertheless, even after this 
demonstration of compliance with the MACT standards, RCRA permit 
conditions that were based on the standards of this part will continue 
to be in effect until they are removed from the permit or the permit is 
terminated or revoked, unless the permit expressly provides otherwise.
    (2) The following standards continue to apply:
    (i) The closure requirements of Secs. 266.102(e)(11) and 266.103(l);
    (ii) The standards for direct transfer of Sec. 266.111;
    (iii) The standards for regulation of residues of Sec. 266.212; and

[[Page 10]]

    (iv) The applicable requirements of subparts A through H, BB and CC 
of parts 264 and 265 of this chapter.
    (c) 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) (iii) and (iv) 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.
    (d) Owners and operators of smelting, melting, and refining furnaces 
(including pyrometallurgical devices such as cupolas, sintering 
machines, roasters, and foundry furnaces, but not including cement 
kilns, aggregate kilns, or halogen acid furnaces burning hazardous 
waste) that process hazardous waste solely for metal recovery are 
conditionally exempt from 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 
(d)(3) of this section, and owners or operators of lead recovery 
furnaces that are subject to regulation under the Secondary Lead 
Smelting NESHAP must comply with the requirements of paragraph (h) of 
this section.
    (i) Provide a one-time written notice to the Director indicating the 
following:
    (A) The owner or operator claims exemption under this paragraph;
    (B) The hazardous waste is burned solely for metal recovery 
consistent with the provisions of paragraph (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 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

[[Page 11]]

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, 
except for owners or operators of lead recovery furnaces subject to 
regulation under the Secondary Lead Smelting NESHAP,
    (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
    (B) The waste does not exhibit the Toxicity Characteristic of 
Sec. 261.24 of this chapter for an organic constituent; and
    (C) The waste is not a hazardous waste listed in subpart D of part 
261 of this chapter because it is listed for an organic constituent as 
identified in appendix VII of part 261 of this chapter; and
    (D) The owner or operator certifies in the one-time notice that 
hazardous waste is burned under the provisions of paragraph (c)(3) of 
this section and that sampling and analysis will be conducted or other 
information will be obtained as necessary to ensure continued compliance 
with these requirements. Sampling and analysis shall be conducted 
according to paragraph (c)(1)(ii) of this section and records to 
document compliance with paragraph (c)(3) of this section shall be kept 
for at least three years.
    (ii) The Director may decide on a case-by-case basis that the toxic 
organic constituents in a material listed in appendix XI, XII, or XIII 
of this 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.
    (e) 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.
    (f) The management standards for residues under Sec. 266.112 apply 
to any boiler or industrial furnace burning hazardous waste.
    (g) Owners and operators of smelting, melting, and refining furnaces 
(including pyrometallurgical devices such as cupolas, sintering 
machines, roasters, and foundry furnaces) that process hazardous waste 
for recovery of economically significant amounts of the precious metals 
gold, silver, platinum, 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:

[[Page 12]]

    (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.
    (h) Starting June 23, 1997, owners or operators of lead recovery 
furnaces that process hazardous waste for recovery of lead and that are 
subject to regulation under the Secondary Lead Smelting NESHAP, are 
conditionally exempt from regulation under this subpart, except for 
Sec. 266.101. To be exempt, an owner or operator must provide a one-time 
notice to the Director identifying each hazardous waste burned and 
specifying that the owner or operator claims an exemption under this 
paragraph. The notice also must state that the waste burned has a total 
concentration of non-metal compounds listed in part 261, appendix VIII, 
of this chapter of less than 500 ppm by weight, as fired and as provided 
in paragraph (d)(2)(i) of this section, or is listed in appendix XI to 
this part 266.

[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; 63 FR 42186, Aug. 6, 
1998; 64 FR 53075, Sept. 30, 1999]



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 and treatment facilities. (1) Owners and operators of 
facilities that store or treat hazardous waste that is burned in a 
boiler or industrial furnace are subject to the applicable provisions of 
parts 264, 265, and 270 of this chapter, except as provided by paragraph 
(c)(2) of this section. These standards apply to storage and treatment 
by the burner as well as to storage and treatment facilities operated by 
intermediaries (processors, blenders, distributors, etc.) between the 
generator and the burner.
    (2) Owners and operators of facilities that burn, in an onsite 
boiler or industrial furnace exempt from 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; 64 
FR 53075, Sept. 30, 1999]

[[Page 13]]



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 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

[[Page 14]]

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 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;

[[Page 15]]

    (C) Appropriate controls of the hazardous waste firing system;
    (D) Allowable variation in boiler and industrial furnace system 
design or operating procedures;
    (E) Minimum combustion gas temperature measured at a location 
indicative of combustion chamber temperature, measured and specified as 
prescribed in paragraph (e)(6) of this section;
    (F) An appropriate indicator of combustion gas velocity, measured 
and specified as prescribed in paragraph (e)(6) of this section, unless 
documentation is provided under 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;

[[Page 16]]

    (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:
    (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:

[[Page 17]]

    (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 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

[[Page 18]]

    (C) The permit limit for the feed rate of each metal shall be 
established based on trial burn data as the average over all valid test 
runs of the highest hourly rolling average feed rate for each run.
    (iii) Feed rate limits for metals, total chloride and chlorine, and 
ash. Feed rate limits for metals, total chlorine and chloride, and ash 
are established and monitored by knowing the concentration of the 
substance (i.e., metals, chloride/chlorine, and ash) in each feedstream 
and the flow rate of the feedstream. To monitor the feed rate of these 
substances, the flow rate of each feedstream must be monitored under the 
continuous monitoring requirements of paragraphs (e)(6) (i) and (ii) of 
this section.
    (iv) Conduct of trial burn testing. (A) If compliance with all 
applicable emissions standards of 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

[[Page 19]]

operating conditions deviate from the limits as specified in the permit.
    (8) Monitoring and Inspections. (i) The owner or operator must 
monitor and record the following, at a minimum, while burning hazardous 
waste:
    (A) If specified by the permit, feed rates and composition of 
hazardous waste, other fuels, and industrial furnace feedstocks, and 
feed rates of ash, metals, and total chloride and chlorine;
    (B) If specified by the permit, carbon monoxide (CO), hydrocarbons 
(HC), and oxygen on a continuous basis at a common point in the boiler 
or industrial furnace downstream of the combustion zone and prior to 
release of stack gases to the atmosphere in accordance with operating 
requirements specified in paragraph (e)(2)(ii) of this section. CO, HC, 
and oxygen monitors must be installed, operated, and maintained in 
accordance with methods specified in appendix IX of this 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

[[Page 20]]

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.
    (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.

[[Page 21]]

    (6) Restrictions on burning hazardous waste that is not a fuel. 
Prior to certification of compliance under paragraph (c) of this 
section, owners and operators shall not feed hazardous waste that has a 
heating value less than 5,000 Btu/lb, as-generated, (except that the 
heating value of a waste as-generated may be increased to above the 
5,000 Btu/lb limit by bona fide treatment; however, blending to augment 
the heating value to meet the 5,000 Btu/lb limit is prohibited and 
records must be kept to document that impermissible blending has not 
occurred) in a boiler or industrial furnace, except that:
    (i) Hazardous waste may be burned solely as an ingredient; or
    (ii) Hazardous waste may be burned for purposes of compliance 
testing (or testing prior to compliance testing) for a total period of 
time not to exceed 720 hours; or
    (iii) Such waste may be burned if the Director has documentation to 
show that, prior to August 21, 1991:
    (A) The boiler or industrial furnace is operating under the interim 
status standards for incinerators provided by 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

[[Page 22]]

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 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;

[[Page 23]]

    (3) The dilution factor in micrograms per cubic meter per gram per 
second of emissions for the maximum annual average off-site (unless on-
site is required) ground level concentration (MEI location); and
    (4) Indicate the MEI location on the map required under paragraph 
(b)(2)(v)(A)(5);
    (vi) For facilities complying with the Tier II or III emissions rate 
controls for metals or HCl and Cl2, a comparison of the 
estimated controlled emissions rates determined under paragraph 
(b)(2)(iv) with the allowable emission rates determined under paragraph 
(b)(2)(v);
    (vii) For facilities complying with the Tier I (or adjusted Tier I) 
feed rate screening limits for metals or total chloride and chlorine, a 
comparison of actual feed rates of each metal and total chlorine and 
chloride determined under paragraph (b)(2)(iii) of this section to the 
Tier I allowable feed rates; and
    (viii) For industrial furnaces that feed hazardous waste for any 
purpose other than solely as an ingredient (as defined by paragraph 
(a)(5)(ii) of this section) at any location other than the product 
discharge end of the device, documentation of compliance with the 
requirements of paragraphs (a)(5)(i) (A), (B), and (C) of this section.
    (ix) For industrial furnaces that recycle collected particulate 
matter (PM) back into the furnace and that will certify compliance with 
the metals emissions standards under paragraph (c)(3)(ii)(A) of this 
section:
    (A) The applicable particulate matter standard in lb/hr; and
    (B) The precompliance limit on the concentration of each metal in 
collected PM.
    (3) Limits on operating conditions. The owner and operator shall 
establish limits on the following parameters consistent with the 
determinations made under paragraph (b)(2) of this section and certify 
(under provisions of paragraph (b)(9) of this section) to the Director 
that the facility will operate within the limits during interim status 
when there is hazardous waste in the unit until revised certification of 
precompliance under paragraph (b)(8) of this section or certification of 
compliance under paragraph (c) of this section:
    (i) Feed rate of total hazardous waste and (unless complying with 
the Tier I or adjusted Tier I metals feed rate screening limits under 
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

[[Page 24]]

(PM) for industrial furnaces that recycle collected PM) shall be 
established and continuously monitored under either of the following 
methods:
    (A) Instantaneous limits. A limit for a parameter may be established 
and continuously monitored and recorded on an instantaneous basis (i.e., 
the value that occurs at any time) not to be exceeded at any time; or
    (B) Hourly rolling average limits. A limit for a parameter may be 
established and continuously monitored on an hourly rolling average 
basis defined as follows:
    (1) A continuous monitor is one which continuously samples the 
regulated parameter without interruption, and evaluates the detector 
response at least once each 15 seconds, and computes and records the 
average value at least every 60 seconds.
    (2) An hourly rolling average is the arithmetic mean of the 60 most 
recent 1-minute average values recorded by the continuous monitoring 
system.
    (ii) Rolling average limits for carcinogenic metals and lead. Feed 
rate limits for the carcinogenic metals (arsenic, beryllium, cadmium, 
and chromium) and lead may be established either on an hourly rolling 
average basis as prescribed by paragraph (b)(5)(i)(B) or on (up to) a 24 
hour rolling average basis. If the owner or operator elects to use an 
averaging period from 2 to 24 hours:
    (A) The feed rate of each metal shall be limited at any time to ten 
times the feed rate that would be allowed on 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;

[[Page 25]]

    (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 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

[[Page 26]]

21, 1992 a complete and accurate ``certification of compliance'' (under 
paragraph (c)(4) of this section) with those emission standards 
establishing limits on the operating parameters specified in paragraph 
(c)(1).
    (1) Limits on operating conditions. The owner or operator shall 
establish limits on the following parameters based on operations during 
the compliance test (under procedures prescribed in paragraph (c)(4)(iv) 
of this section) or as otherwise specified and include these limits with 
the certification of compliance. The boiler or industrial furnace must 
be operated in accordance with these operating limits and the applicable 
emissions standards of 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

[[Page 27]]

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 (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

[[Page 28]]

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 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;

[[Page 29]]

    (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.
    (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

[[Page 30]]

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 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:

[[Page 31]]

    (A) Stop burning hazardous waste and begin closure activities under 
paragraph (l) of this section for the hazardous waste portion of the 
facility; or
    (B) Limit hazardous waste burning only for purposes of compliance 
testing (and pretesting to prepare for compliance testing) a total 
period of 720 hours for the period of time beginning August 21, 1992, 
submit a notification to the Director by August 21, 1992 stating that 
the facility is operating under restricted interim status and intends to 
resume burning hazardous waste, and submit a complete certification of 
compliance by August 23, 1993; or
    (C) Obtain a case-by-case extension of time under paragraph 
(c)(7)(ii) of this section.
    (ii) The owner or operator may request a case-by-case extension of 
time to extend any time limit provided by paragraph (c) of this section 
if compliance with the time limit is not practicable for reasons beyond 
the control of the owner or operator.
    (A) In granting an extension, the Director may apply conditions as 
the facts warrant to ensure timely compliance with the requirements of 
this section and that the facility operates in a manner that does not 
pose a hazard to human health and the environment;
    (B) When an owner or operator requests an extension of time to 
enable the facility to comply with the alternative hydrocarbon 
provisions of 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

[[Page 32]]

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 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

[[Page 33]]

demonstration shall be included in the operating record.
    (i) Changes. A boiler or industrial furnace must cease burning 
hazardous waste when changes in combustion properties, or feed rates of 
the hazardous waste, other fuels, or industrial furnace feedstocks, or 
changes in the boiler or industrial furnace design or operating 
conditions deviate from the limits specified in the certification of 
compliance.
    (j) Monitoring and Inspections. (1) The owner or operator must 
monitor and record the following, at a minimum, while burning hazardous 
waste:
    (i) Feed rates and composition of hazardous waste, other fuels, and 
industrial furnace feed stocks, and feed rates of ash, metals, and total 
chloride and chlorine as necessary to ensure conformance with the 
certification of precompliance or certification of compliance;
    (ii) Carbon monoxide (CO), oxygen, and if applicable, hydrocarbons 
(HC), on a continuous basis at a common point in the boiler or 
industrial furnace downstream of the combustion zone and prior to 
release of stack gases to the atmosphere in accordance with the 
operating limits specified in the certification of compliance. CO, HC, 
and oxygen monitors must be installed, operated, and maintained in 
accordance with methods specified in appendix IX of this part.
    (iii) Upon the request of the Director, sampling and analysis of the 
hazardous waste (and other fuels and industrial furnace feed stocks as 
appropriate) and the stack gas emissions must be conducted to verify 
that the operating conditions established in the certification of 
precompliance or certification of compliance achieve the applicable 
standards of 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:
[GRAPHIC] [TIFF OMITTED] TC06NO91.000

where:

    Win= Mass feed rate of one principal organic hazardous 
constituent (POHC) in the hazardous waste

[[Page 34]]

fired to the boiler or industrial furnace; and
    Wout= Mass emission rate of the same POHC present in 
stack gas prior to release to the atmosphere.

    (2) Designation of POHCs. Principal organic hazardous constituents 
(POHCs) are those compounds for which compliance with the DRE 
requirements of this section shall be demonstrated in a trial burn in 
conformance with procedures prescribed in 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 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.

[[Page 35]]

    (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.
    (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 
0023A, Sampling Method for Polychlorinated Dibenzo-p-Dioxins and 
Polychlorinated Dibenzofurans Emissions from Stationary Sources, EPA 
Publication SW-846, as incorporated by reference in Sec. 260.11 of this 
chapter.
    (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.

[[Page 36]]

    (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. 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; 62 FR 32463, June 13, 1997]



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) Oxygen correction. (1) Measured pollutant levels must be 
corrected for the amount of oxygen in the stack gas according to the 
formula:
[GRAPHIC] [TIFF OMITTED] TR30SE99.027

Where:
Pc is the corrected concentration of the pollutant in the stack gas, Pm 
    is the measured concentration of the pollutant in the stack gas, E 
    is the oxygen concentration on a dry basis in the combustion air fed 
    to the device, and Y is the measured oxygen concentration on a dry 
    basis in the stack.

    (2) For devices that feed normal combustion air, E will equal 21 
percent. For devices that feed oxygen-enriched air for combustion (that 
is, air with an oxygen concentration exceeding 21 percent), the value of 
E will be the concentration of oxygen in the enriched air.
    (3) Compliance with all emission standards provided by this subpart 
must be based on correcting to 7 percent oxygen using this procedure.
    (d) For the purposes of permit enforcement, compliance with the 
operating requirements specified in the permit (under 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, as amended at 64 FR 53075, Sept. 30, 1999]



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.

[[Page 37]]

    (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:
[GRAPHIC] [TIFF OMITTED] TC06NO91.001


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''.

    (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

[[Page 38]]

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 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:
[GRAPHIC] [TIFF OMITTED] TC06NO91.002


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

[[Page 39]]

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, 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:
[GRAPHIC] [TIFF OMITTED] TC06NO91.003

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.

[[Page 40]]

    (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 metals of the ratios of the selected emission 
limit to the emission rate determined by that paragraph does not exceed 
1.0.
    (g) Emission testing--(1) General. Emission testing for metals shall 
be conducted using Method 0060, Determinations of Metals in Stack 
Emissions, EPA Publication SW-846, as incorporated by reference in 
Sec. 260.11 of this chapter.
    (2) Hexavalent chromium. Emissions of chromium are assumed to be 
hexavalent chromium unless the owner or operator conducts emissions 
testing to determine hexavalent chromium emissions using procedures 
prescribed in Method 0061, Determination of Hexavalent Chromium 
Emissions from Stationary Sources, EPA Publication SW-846, as 
incorporated by reference in Sec. 260.11 of this chapter.
    (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; 62 FR 32463, June 13, 1997]



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

[[Page 41]]

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 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.

[[Page 42]]

This emission rate becomes the adjusted Tier I feed rate screening 
limit.
    (f) Emissions testing. Emissions testing for HCl and Cl2 
shall be conducted using the procedures described in Methods 0050 or 
0051, EPA Publication SW-846, as incorporated by reference in 
Sec. 260.11 of this chapter.
    (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; 62 FR 32463, June 13, 1997]



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
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:
[GRAPHIC] [TIFF OMITTED] TC06NO91.004

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

[[Page 43]]

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;
    (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:

[[Page 44]]

    (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;
    (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.

[[Page 45]]

    (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 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:

[[Page 46]]

    (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;
    (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;

[[Page 47]]

    (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. For polychlorinated 
dibenzo-p-dioxins and polychlorinated dibenzo-furans, analyses must be 
performed to determine specific congeners and homologues, and the 
results converted to 2,3,7,8-TCDD equivalent values using the procedure 
specified in section 4.0 of appendix IX of this part.
    (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.
    (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 
contained in SW-846, or other appropriate methods), whichever is higher, 
must be used. The levels specified in appendix VII of this part

[[Page 48]]

(and the default level of 0.002 micrograms per kilogram or the level of 
detection for constituents as identified in Note 1 of appendix VII of 
this paragraph) are administratively stayed under the condition, for 
those constituents specified in paragraph (b)(1) of this section, that 
the owner or operator complies with alternative levels defined as the 
land disposal restriction limits specified in Sec. 268.43 of this 
chapter for F039 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 of this chapter for F039 nonwastewaters. In complying with 
the Sec. 268.43 of this chapter F039 nonwastewater levels for 
polychlorinated dibenzo-p-dioxins and polychlorinated dibenzo-furans, 
analyses must be performed for total hexachlorodibenzo-p-dioxins, total 
hexachlorodibenzofurans, total pentachlorodibenzo-p-dioxins, total 
pentachlorodibenzofurans, total tetrachlorodibenzo-p-dioxins, and total 
tetrachlorodibenzofurans.

    Note to this paragraph: The administrative stay, under the condition 
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 F039 nonwastewaters, remains in effect until further 
administrative action is taken and notice is published in the Federal 
Register and the Code of Federal Regulations.
    (ii) Metal constituents. The concentration of metals in an extract 
obtained using the Toxicity Characteristic Leaching Procedure of 
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;
    (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; 64 FR 53076, Sept. 
30, 1999]

Subparts I-L [Reserved]



                      Subpart M--Military Munitions

    Source: 62 FR 6654, Feb. 12, 1997, unless otherwise noted.



Sec. 266.200  Applicability.

    (a) The regulations in this subpart identify when military munitions 
become a solid waste, and, if these wastes are also hazardous under this 
subpart or 40 CFR part 261, the management standards that apply to these 
wastes.

[[Page 49]]

    (b) Unless otherwise specified in this subpart, all applicable 
requirements in 40 CFR parts 260 through 270 apply to waste military 
munitions.



Sec. 266.201  Definitions.

    In addition to the definitions in 40 CFR 260.10, the following 
definitions apply to this subpart:
    Active range means a military range that is currently in service and 
is being regularly used for range activities.
    Chemical agents and munitions are defined as in 50 U.S.C. section 
1521(j)(1).
    Director is as defined in 40 CFR 270.2.
    Explosives or munitions emergency response specialist is as defined 
in 40 CFR 260.10.
    Explosives or munitions emergency is as defined in 40 CFR 260.10.
    Explosives or munitions emergency response is as defined in 40 CFR 
260.10.
    Inactive range means a military range that is not currently being 
used, but that is still under military control and considered by the 
military to be a potential range area, and that has not been put to a 
new use that is incompatible with range activities.
    Military means the Department of Defense (DOD), the Armed Services, 
Coast Guard, National Guard, Department of Energy (DOE), or other 
parties under contract or acting as an agent for the foregoing, who 
handle military munitions.
    Military munitions is as defined in 40 CFR 260.10.
    Military range means designated land and water areas set aside, 
managed, and used to conduct research on, develop, test, and evaluate 
military munitions and explosives, other ordnance, or weapon systems, or 
to train military personnel in their use and handling. Ranges include 
firing lines and positions, maneuver areas, firing lanes, test pads, 
detonation pads, impact areas, and buffer zones with restricted access 
and exclusionary areas.
    Unexploded ordnance (UXO) means military munitions that have been 
primed, fused, armed, or otherwise prepared for action, and have been 
fired, dropped, launched, projected, or placed in such a manner as to 
constitute a hazard to operations, installation, personnel, or material 
and remain unexploded either by malfunction, design, or any other cause.



Sec. 266.202  Definition of solid waste.

    (a) A military munition is not a solid waste when:
    (1) Used for its intended purpose, including:
    (i) Use in training military personnel or explosives and munitions 
emergency response specialists (including training in proper destruction 
of unused propellant or other munitions); or
    (ii) Use in research, development, testing, and evaluation of 
military munitions, weapons, or weapon systems; or
    (iii) Recovery, collection, and on-range destruction of unexploded 
ordnance and munitions fragments during range clearance activities at 
active or inactive ranges. However, ``use for intended purpose'' does 
not include the on-range disposal or burial of unexploded ordnance and 
contaminants when the burial is not a result of product use.
    (2) An unused munition, or component thereof, is being repaired, 
reused, recycled, reclaimed, disassembled, reconfigured, or otherwise 
subjected to materials recovery activities, unless such activities 
involve use constituting disposal as defined in 40 CFR 261.2(c)(1), or 
burning for energy recovery as defined in 40 CFR 261.2(c)(2).
    (b) An unused military munition is a solid waste when any of the 
following occurs:
    (1) The munition is abandoned by being disposed of, burned, 
detonated (except during intended use as specified in paragraph (a) of 
this section), incinerated, or treated prior to disposal; or
    (2) The munition is removed from storage in a military magazine or 
other storage area for the purpose of being disposed of, burned, or 
incinerated, or treated prior to disposal, or
    (3) The munition is deteriorated or damaged (e.g., the integrity of 
the munition is compromised by cracks, leaks, or other damage) to the 
point that it cannot be put into serviceable condition, and cannot 
reasonably be recycled or used for other purposes; or
    (4) The munition has been declared a solid waste by an authorized 
military official.

[[Page 50]]

    (c) A used or fired military munition is a solid waste:
    (1) When transported off range or from the site of use, where the 
site of use is not a range, for the purposes of storage, reclamation, 
treatment, disposal, or treatment prior to disposal; or
    (2) If recovered, collected, and then disposed of by burial, or 
landfilling either on or off a range.
    (d) For purposes of RCRA section 1004(27), a used or fired military 
munition is a solid waste, and, therefore, is potentially subject to 
RCRA corrective action authorities under sections 3004(u) and (v), and 
3008(h), or imminent and substantial endangerment authorities under 
section 7003, if the munition lands off-range and is not promptly 
rendered safe and/or retrieved. Any imminent and substantial threats 
associated with any remaining material must be addressed. If remedial 
action is infeasible, the operator of the range must maintain a record 
of the event for as long as any threat remains. The record must include 
the type of munition and its location (to the extent the location is 
known).



Sec. 266.203  Standards applicable to the transportation of solid waste military munitions.

    (a) Criteria for hazardous waste regulation of waste non-chemical 
military munitions in transportation. (1) Waste military munitions that 
are being transported and that exhibit a hazardous waste characteristic 
or are listed as hazardous waste under 40 CFR part 261, are listed or 
identified as a hazardous waste (and thus are subject to regulation 
under 40 CFR parts 260 through 270), unless all the following conditions 
are met:
    (i) The waste military munitions are not chemical agents or chemical 
munitions;
    (ii) The waste military munitions must be transported in accordance 
with the Department of Defense shipping controls applicable to the 
transport of military munitions;
    (iii) The waste military munitions must be transported from a 
military owned or operated installation to a military owned or operated 
treatment, storage, or disposal facility; and
    (iv) The transporter of the waste must provide oral notice to the 
Director within 24 hours from the time the transporter becomes aware of 
any loss or theft of the waste military munitions, or any failure to 
meet a condition of paragraph (a)(1) of this section that may endanger 
health or the environment. In addition, a written submission describing 
the circumstances shall be provided within 5 days from the time the 
transporter becomes aware of any loss or theft of the waste military 
munitions or any failure to meet a condition of paragraph (a)(1) of this 
section.
    (2) If any waste military munitions shipped under paragraph (a)(1) 
of this section are not received by the receiving facility within 45 
days of the day the waste was shipped, the owner or operator of the 
receiving facility must report this non-receipt to the Director within 5 
days.
    (3) The exemption in paragraph (a)(1) of this section from 
regulation as hazardous waste shall apply only to the transportation of 
non-chemical waste military munitions. It does not affect the regulatory 
status of waste military munitions as hazardous wastes with regard to 
storage, treatment or disposal.
    (4) The conditional exemption in paragraph (a)(1) of this section 
applies only so long as all of the conditions in paragraph (a)(1) of 
this section are met.
    (b) Reinstatement of exemption. If any waste military munition loses 
its exemption under paragraph (a)(1) of this section, an application may 
be filed with the Director for reinstatement of the exemption from 
hazardous waste transportation regulation with respect to such munition 
as soon as the munition is returned to compliance with the conditions of 
paragraph (a)(1) of this section. If the Director finds that 
reinstatement of the exemption is appropriate based on factors such as 
the transporter's provision of a satisfactory explanation of the 
circumstances of the violation, or a demonstration that the violations 
are not likely to recur, the Director may reinstate the exemption under 
paragraph (a)(1) of this section. If the Director does not take action 
on the reinstatement application within 60 days after receipt of the 
application, then reinstatement

[[Page 51]]

shall be deemed granted, retroactive to the date of the application. 
However, the Director may terminate a conditional exemption reinstated 
by default in the preceding sentence if the Director finds that 
reinstatement is inappropriate based on factors such as the 
transporter's failure to provide a satisfactory explanation of the 
circumstances of the violation, or failure to demonstrate that the 
violations are not likely to recur. In reinstating the exemption under 
paragraph (a)(1) of this section, the Director may specify additional 
conditions as are necessary to ensure and document proper transportation 
to protect human health and the environment.
    (c) Amendments to DOD shipping controls. The Department of Defense 
shipping controls applicable to the transport of military munitions 
referenced in paragraph (a)(1)(ii) of this section are Government Bill 
of Lading (GBL) (GSA Standard Form 1109), requisition tracking form DD 
Form 1348, the Signature and Talley Record (DD Form 1907), Special 
Instructions for Motor Vehicle Drivers (DD Form 836), and the Motor 
Vehicle Inspection Report (DD Form 626) in effect on November 8, 1995, 
except as provided in the following sentence. Any amendments to the 
Department of Defense shipping controls shall become effective for 
purposes of paragraph (a)(1) of this section on the date the Department 
of Defense publishes notice in the Federal Register that the shipping 
controls referenced in paragraph (a)(1)(ii) of this section have been 
amended.



Sec. 266.204  Standards applicable to emergency responses.

    Explosives and munitions emergencies involving military munitions or 
explosives are subject to 40 CFR 262.10(i), 263.10(e), 264.1(g)(8), 
265.1(c)(11), and 270.1(c)(3), or alternatively to 40 CFR 270.61.



Sec. 266.205  Standards applicable to the storage of solid waste military munitions.

    (a) Criteria for hazardous waste regulation of waste non-chemical 
military munitions in storage. (1) Waste military munitions in storage 
that exhibit a hazardous waste characteristic or are listed as hazardous 
waste under 40 CFR Part 261, are listed or identified as a hazardous 
waste (and thus are subject to regulation under 40 CFR Parts 260 through 
279), unless all the following conditions are met:
    (i) The waste military munitions are not chemical agents or chemical 
munitions.
    (ii) The waste military munitions must be subject to the 
jurisdiction of the Department of Defense Explosives Safety Board 
(DDESB).
    (iii) The waste military munitions must be stored in accordance with 
the DDESB storage standards applicable to waste military munitions.
    (iv) Within 90 days of August 12, 1997 or within 90 days of when a 
storage unit is first used to store waste military munitions, whichever 
is later, the owner or operator must notify the Director of the location 
of any waste storage unit used to store waste military munitions for 
which the conditional exemption in paragraph (a)(1) is claimed.
    (v) The owner or operator must provide oral notice to the Director 
within 24 hours from the time the owner or operator becomes aware of any 
loss or theft of the waste military munitions, or any failure to meet a 
condition of paragraph (a)(1) that may endanger health or the 
environment. In addition, a written submission describing the 
circumstances shall be provided within 5 days from the time the owner or 
operator becomes aware of any loss or theft of the waste military 
munitions or any failure to meet a condition of paragraph (a)(1) of this 
section.
    (vi) The owner or operator must inventory the waste military 
munitions at least annually, must inspect the waste military munitions 
at least quarterly for compliance with the conditions of paragraph 
(a)(1) of this section, and must maintain records of the findings of 
these inventories and inspections for at least three years.
    (vii) Access to the stored waste military munitions must be limited 
to appropriately trained and authorized personnel.
    (2) The conditional exemption in paragraph (a)(1) of this section 
from regulation as hazardous waste shall

[[Page 52]]

apply only to the storage of non-chemical waste military munitions. It 
does not affect the regulatory status of waste military munitions as 
hazardous wastes with regard to transportation, treatment or disposal.
    (3) The conditional exemption in paragraph (a)(1) of this section 
applies only so long as all of the conditions in paragraph (a)(1) of 
this section are met.
    (b) Notice of termination of waste storage. The owner or operator 
must notify the Director when a storage unit identified in paragraph 
(a)(1)(iv) of this section will no longer be used to store waste 
military munitions.
    (c) Reinstatement of conditional exemption. If any waste military 
munition loses its conditional exemption under paragraph (a)(1) of this 
section, an application may be filed with the Director for reinstatement 
of the conditional exemption from hazardous waste storage regulation 
with respect to such munition as soon as the munition is returned to 
compliance with the conditions of paragraph (a)(1) of this section. If 
the Director finds that reinstatement of the conditional exemption is 
appropriate based on factors such as the owner's or operator's provision 
of a satisfactory explanation of the circumstances of the violation, or 
a demonstration that the violations are not likely to recur, the 
Director may reinstate the conditional exemption under paragraph (a)(1) 
of this section. If the Director does not take action on the 
reinstatement application within 60 days after receipt of the 
application, then reinstatement shall be deemed granted, retroactive to 
the date of the application. However, the Director may terminate a 
conditional exemption reinstated by default in the preceding sentence if 
he/she finds that reinstatement is inappropriate based on factors such 
as the owner's or operator's failure to provide a satisfactory 
explanation of the circumstances of the violation, or failure to 
demonstrate that the violations are not likely to recur. In reinstating 
the conditional exemption under paragraph (a)(1) of this section, the 
Director may specify additional conditions as are necessary to ensure 
and document proper storage to protect human health and the environment.
    (d) Waste chemical munitions. (1) Waste military munitions that are 
chemical agents or chemical munitions and that exhibit a hazardous waste 
characteristic or are listed as hazardous waste under 40 CFR Part 261, 
are listed or identified as a hazardous waste and shall be subject to 
the applicable regulatory requirements of RCRA subtitle C.
    (2) Waste military munitions that are chemical agents or chemical 
munitions and that exhibit a hazardous waste characteristic or are 
listed as hazardous waste under 40 CFR Part 261, are not subject to the 
storage prohibition in RCRA section 3004(j), codified at 40 CFR 268.50.
    (e) Amendments to DDESB storage standards. The DDESB storage 
standards applicable to waste military munitions, referenced in 
paragraph (a)(1)(iii) of this section, are DOD 6055.9-STD (``DOD 
Ammunition and Explosive Safety Standards''), in effect on November 8, 
1995, except as provided in the following sentence. Any amendments to 
the DDESB storage standards shall become effective for purposes of 
paragraph (a)(1) of this section on the date the Department of Defense 
publishes notice in the Federal Register that the DDESB standards 
referenced in paragraph (a)(1) of this section have been amended.



Sec. 266.206  Standards applicable to the treatment and disposal of waste military munitions.

    The treatment and disposal of hazardous waste military munitions are 
subject to the applicable permitting, procedural, and technical 
standards in 40 CFR Parts 260 through 270.

[[Page 53]]

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


[[Page 54]]


                             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
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

[[Page 55]]

 
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
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
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

[[Page 56]]

 
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

[[Page 57]]

 
40............................  1.9E+00                           4.6E+00                           6.8E-01                           3.4E+00
45............................  2.4E+00                           5.4E+00                           8.4E-01                           4.2E+00
50............................  2.9E+00                           6.8E+00                           1.0E+00                           5.0E+00
55............................  3.5E+00                           8.4E+00                           1.3E+00                           6.4E+00
60............................  4.3E+00                           1.0E+01                           1.5E+00                           7.8E+00
65............................  5.4E+00                           1.3E+01                           1.9E+00                           9.6E+00
70............................  6.0E+00                           1.4E+01                           2.2E+00                           1.1E+01
75............................  6.8E+00                           1.6E+01                           2.4E+00                           1.2E+01
80............................  7.6E+00                           1.8E+01                           2.7E+00                           1.3E+01
85............................  8.2E+00                           2.0E+01                           3.0E+00                           1.5E+01
90............................  9.4E+00                           2.3E+01                           3.4E+00                           1.7E+01
95............................  1.0E+01                           2.5E+01                           4.0E+00                           1.9E+01
100...........................  1.2E+01                           2.8E+01                           4.3E+00                           2.1E+01
105...........................  1.3E+01                           3.2E+01                           4.8E+00                           2.4E+01
110...........................  1.5E+01                           3.5E+01                           5.4E+00                           2.7E+01
115...........................  1.7E+01                           4.0E+01                           6.0E+00                           3.0E+01
120...........................  1.9E+01                           4.4E+01                           6.4E+00                           3.3E+01
--------------------------------------------------------------------------------------------------------------------------------------------------------

[56 FR 7228, Feb. 21, 1991; 56 FR 32690, July 17, 1991]

[[Page 58]]

      

                  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 59]]

 
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 60]]

 
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 61]]

 
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 62]]

  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 63]]

    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--Organic Compounds for Which Residues Must Be 
                                Analyzed

------------------------------------------------------------------------
                 Volatiles                          Semivolatiles
------------------------------------------------------------------------
Benzene...................................  Bis(2-ethylhexyl)phthalate
Toluene...................................  Naphthalene
Carbon tetrachloride......................  Phenol
Chloroform................................  Diethyl phthalate
Methylene chloride........................  Butyl benzyl phthalate
Trichloroethylene.........................  2,4-Dimethylphenol
Tetra chloroethylene......................  o-Dichlorobenzene
1,1,1-Trichloroethane.....................  m-Dichlorobenzene
Chlorobenzene.............................  p-Dichlorobenzene
cis-1,4-Dichloro-2-butene.................  Hexachlorobenzene
Bromochloromethane........................  2,4,6-Trichlorophenol
Bromodichloromethane......................  Fluoranthene
Bromoform.................................  o-Nitrophenol
Bromomethane..............................  1,2,4-Trichlorobenzene
Methylene bromide.........................  o-Chlorophenol
Methyl ethyl ketone.......................  Pentachlorophenol
                                            Pyrene
                                            Dimethyl phthalate
                                            Mononitrobenzene
                                            2,6-Toluene diisocyanate
                                            Polychlorinated dibenzo-p-
                                             dioxins \1\
                                            Plychlorinated dibenzo-
                                             furans \1\
------------------------------------------------------------------------
\1\ Analyses for polychlorinated dibenzo-p-dioxins and polychlorinated
  dibenzo-furans are required only for residues collected from areas
  downstream of the combustion chamber (e.g., ductwork, boiler tubes,
  heat exchange surfaces, air pollution control devices, etc.).

    Note to the table: Analysis is not required for those compounds that 
do not have an established F039 nonwastewater concentration limit.

[64 FR 53076, Sept. 30, 1999, as amended at 64 FR 63213, Nov. 19, 1999]

  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
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 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.

[[Page 64]]

    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 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

[[Page 65]]

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 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

[[Page 66]]

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 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

[[Page 67]]

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 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.

[[Page 68]]

    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.

  [GRAPHIC] [TIFF OMITTED] TC06NO91.005
  

[[Page 69]]

              Figure 2.1-1  Calibration Drift Determination

    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.
[GRAPHIC] [TIFF OMITTED] TC06NO91.006


[[Page 70]]



              Figure 2.1-2  Calibration Error Determination

    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] TC06NO91.007

where:
n=Number of data points.
[GRAPHIC] [TIFF OMITTED] TC06NO91.025

    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] TC06NO91.008

    2.1.7.3  Confidence Coefficient (CC). Calculate the 2.5 percent 
error CC (one-tailed) using Equation 3.
[GRAPHIC] [TIFF OMITTED] TC06NO91.009

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.
[GRAPHIC] [TIFF OMITTED] TC06NO91.010

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.

[[Page 71]]

[GRAPHIC] [TIFF OMITTED] TC06NO91.011

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.
    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

[[Page 72]]

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 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

[[Page 73]]

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).
    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

[[Page 74]]

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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                      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

[[Page 78]]

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.

                   3.0 SAMPLING AND ANALYTICAL METHODS

    Note: The sampling and analytical methods to the BIF manual are 
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.

   Section 4.0  Procedure for Estimating the Toxicity Equivalence of 
         Chlorinated Dibenco-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

[[Page 79]]

 
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.
    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.

[[Page 80]]

    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:

 
                                                       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 81]]



------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
             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 82]]

    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 83]]



                            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.


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

[[Page 84]]

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 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

[[Page 85]]

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 86]]


                                 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
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

[[Page 87]]

 
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


                                 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

[[Page 88]]

 
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 89]]

    (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:
[GRAPHIC] [TIFF OMITTED] TC06NO91.012


[[Page 90]]


    If the above ratio is greater than 1.25, proceed with the remaining 
steps. Otherwise, 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=_____________________________
[GRAPHIC] [TIFF OMITTED] TC06NO91.013

    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 91]]

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).
[GRAPHIC] [TIFF OMITTED] TC01AU92.033


[[Page 92]]


    (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 93]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.034


[[Page 94]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.035


[[Page 95]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.036

    (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.

[[Page 96]]

    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
11..................................        0.018        0.015  11....................        0.020        0.053
----------------------------------------------------------------------------------------------------------------


------------------------------------------------------------------------
                 Ca (g/m \3\)    x       R       =     CA(G/
                                                  M&thnsp\3\)
------------------------------------------------------------------------
   ________         ____       x      ____     =           ____
   ________         ____       x      ____     =           ____
------------------------------------------------------------------------

    (J) Use the maximum annual average concentrations from Step 10(I) to 
determine compliance with regulatory requirements.

[[Page 97]]

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 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

[[Page 98]]

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.
[GRAPHIC] [TIFF OMITTED] TC01AU92.037


[[Page 99]]



 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 100]]

    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.
    The volatility of a metal depends on the temperature, the thermal 
input, the chlorine

[[Page 101]]

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

[[Page 102]]

 
Silver.....................................  Ag                             1080     940     840     740     660
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.
2. Carroll, G.J., R.C. Thurnau, R.E. Maurnighan, L.R. Waterland, J.W. 
          Lee, and D.J. Fournier. The Partitioning of

[[Page 103]]

          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- based PM emission standard times the flue

[[Page 104]]

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 105]]

    Given these assumptions. metal emissions can be related to the 
measured concentrations in the collected kiln dust by the following 
equation:
[GRAPHIC] [TIFF OMITTED] TC06NO91.014

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] TC06NO91.015

    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] TC06NO91.016

    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.

[[Page 106]]

    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:
SEF EF99        (4b)
    In cases where the enrichment factor cannot be determined because 
the kiln dust 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] TC06NO91.017

    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 107]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.042

     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.

[[Page 108]]

                     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.
     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

[[Page 109]]

--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.
     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

[[Page 110]]

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 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.


[[Page 111]]


    (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:
--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 112]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.043

     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.

[[Page 113]]

     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 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.

[[Page 114]]

     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, EF95 s, 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] TC06NO91.018

[GRAPHIC] [TIFF OMITTED] TC06NO91.019

    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:
[GRAPHIC] [TIFF OMITTED] TC06NO91.020

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-

[[Page 115]]

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] TC06NO91.021


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

[GRAPHIC] [TIFF OMITTED] TC06NO91.022

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:
[GRAPHIC] [TIFF OMITTED] TC06NO91.023

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

[[Page 116]]

 
 9...............................................................   0.44
 10..............................................................  0.41
------------------------------------------------------------------------
 


[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; 62 FR 
32463, June 13, 1997]

                          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

[[Page 117]]

6. Sweepings
7. Respiratory cartridge filters
8. Cleanup articles
9. Plastic bags and other contaminated containers
10. Laboratory and process control samples
11. K106 and other wastewater treatment plant sludge and filter cake
12. Mercury cell sump and tank sludge
13. Mercury cell process solids
14. Recoverable levels 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    Testing, tracking, and recordkeeping requirements for 
          generators, treaters, and disposal facilities.
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--Wood preserving wastes.
268.31  Waste specific prohibitions--Dioxin-containing wastes.
268.32--268.33  [Reserved]
268.34  Waste specific prohibitions--toxicity characteristic metal 
          wastes.
268.35  Waste specific prohibitions--petroleum refining wastes.
268.36  [Reserved]
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.
268.49  Alternative LDR treatment standards for contaminated soil.

                   Subpart E--Prohibitions on Storage

268.50  Prohibitions on storage of restricted wastes.

Appendix I-III to Part 268 [Reserved]
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--LDR Effective Dates of Surface Disposed 
          Prohibited Hazardous Wastes
Appendix VIII to Part 268--LDR Effective Dates of Injected Prohibited 
          Hazardous Wastes
Appendix IX to Part 268--Extraction Procedures (EP) Toxicity Test Method 
          and Structural Integrity Test (Method 1310)
Appendix X to Part 268 [Reserved]
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.



                           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.

[[Page 118]]

    (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 of characteristic wastes to wastewaters are 
not considered to be prohibited wastes and are defined as losses from 
normal material handling operations (e.g. spills from the unloading or 
transfer of materials from bins or other containers, leaks from pipes, 
valves or other devices used to transfer materials); minor leaks of 
process equipment, storage tanks or containers; leaks from well-
maintained pump packings and seals; sample purgings; and relief device 
discharges; discharges from safety showers and rinsing and cleaning of 
personal safety equipment; rinsate from empty containers or from 
containers that are rendered empty by that rinsing; and laboratory 
wastes not exceeding one per cent of the total flow of wastewater into 
the facility's headworks on an annual basis, or with a combined 
annualized average concentration not exceeding one part per million in 
the headworks of the facility's wastewater treatment or pretreatment 
facility.
    (f) Universal waste handlers and universal waste transporters (as 
defined in 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 Sec. 273.3 of this chapter;

[[Page 119]]

    (3) Thermostats as described in Sec. 273.4 of this chapter; and
    (4) Lamps as described in 40 CFR 273.5.

[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; 62 FR 26019, May 12, 1997; 64 FR 
36488, July 6, 1999]



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 or staging pile, and includes, but is 
not limited to, placement in a landfill, surface impoundment, waste 
pile, injection well, land treatment facility, salt dome formation, salt 
bed formation, underground mine or cave, or placement in a concrete 
vault, or bunker intended for disposal purposes.
    (d) Nonwastewaters are wastes that do not meet the criteria for 
wastewaters in paragraph (f) of this section.
    (e) Polychlorinated biphenyls or PCBs are halogenated organic 
compounds defined in accordance with 40 CFR 761.3.
    (f) Wastewaters are wastes that contain less than 1% by weight total 
organic carbon (TOC) and less than 1% by weight total suspended solids 
(TSS).
    (g) Debris means solid material exceeding a 60 mm particle size that 
is intended for disposal and that is: A manufactured object; or plant or 
animal matter; or natural geologic material. However, the following 
materials are not debris: Any material for which a specific treatment 
standard is provided in 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. Any deliberate mixing of prohibited hazardous waste with 
debris that changes its treatment classification (i.e., from waste to 
hazardous debris) is not allowed under the dilution prohibition in 
Sec. 268.3.
    (i) Underlying hazardous constituent means any constituent listed in 
Sec. 268.48, Table UTS--Universal Treatment Standards, except fluoride, 
selenium, sulfides, vanadium, and zinc, which can reasonably be expected 
to be present at the point of generation of the hazardous waste at a 
concentration above the constituent-specific UTS treatment 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), and is specifically listed in appendix 
XI of this part.
    (k) Soil means unconsolidated earth material composing the 
superficial geologic strata (material overlying bedrock), consisting of 
clay, silt, sand, or gravel size particles as classified by the U.S. 
Natural Resources Conservation Service, or a mixture of such materials 
with liquids, sludges or solids which is inseparable by simple 
mechanical removal processes and is made up primarily of soil by volume 
based on visual inspection. Any deliberate mixing of prohibited 
hazardous waste with

[[Page 120]]

soil that changes its treatment classification (i.e., from waste to 
contaminated soil) is not allowed under the dilution prohibition in 
Sec. 268.3.

[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; 63 FR 28639, May 26, 
1998; 63 FR 65940, Nov. 30, 1998; 64 FR 25414, May 11, 1999]



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).
    (d) It is a form of impermissible dilution, and therefore 
prohibited, to add iron filings or other metallic forms of iron to lead-
containing hazardous wastes in order to achieve any land disposal 
restriction treatment standard for lead. Lead-containing wastes include 
D008 wastes (wastes exhibiting a characteristic due to the presence of 
lead), all characteristic wastes containing lead as an underlying 
hazardous constituent, listed wastes containing lead as a regulated 
constituent, and hazardous media containing any of the aforementioned 
lead-containing wastes.

[61 FR 15663, Apr. 8, 1996, as amended at 61 FR 33682, June 28, 1996; 63 
FR 28639, May 26, 1998]



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

[[Page 121]]

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 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. If the volume of liquid flowing through the 
impoundment or series of impoundments annually is greater than the 
volume of the impoundment or impoundments, this flow-through constitutes 
removal of the supernatant for the purpose of this requirement.
    (iii) Subsequent management. Treatment residues may not be placed in 
any other surface impoundment for subsequent management.
    (iv) Recordkeeping. Sampling and testing and recordkeeping 
provisions of Secs. 264.13 and 265.13 of this chapter apply.
    (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. 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; 62 FR 26019, May 12, 
1997; 63 FR 28639, May 26, 1998]



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 122]]

    (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 123]]

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 124]]

    (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 125]]

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]

[[Page 126]]



Sec. 268.7  Testing, tracking, and recordkeeping requirements for generators, treaters, and disposal facilities.

    (a) Requirements for generators: (1) A generator of hazardous waste 
must determine if the waste has to be treated before it can be land 
disposed. This is done by determining if the hazardous waste meets the 
treatment standards in Sec. 268.40, Sec. 268.45, or Sec. 268.49. This 
determination can be made in either of two ways: testing the waste or 
using knowledge of the waste. If the generator tests the waste, testing 
would normally determine the total concentration of hazardous 
constituents, or the concentration of hazardous constituents in an 
extract of the waste obtained using test method 1311 in ``Test Methods 
of Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication 
SW-846, as referenced in Sec. 260.11 of this chapter, depending on 
whether the treatment standard for the waste is expressed as a total 
concentration or concentration of hazardous constituent in the waste's 
extract. In addition, some hazardous wastes must be treated by 
particular treatment methods before they can be land disposed and some 
soils are contaminated by such hazardous wastes. These treatment 
standards are also found in Sec. 268.40, and are described in detail in 
Sec. 268.42, Table 1. These wastes, and solids contaminated with such 
wastes, do not need to be tested (however, if they are in a waste 
mixture, other wastes with concentration level treatment standards would 
have to be tested). If a generator determines they are managing a waste 
or soil contamination with a waste, that displays a hazardous 
characteristic of ignitability, corrosivity, reactivity, or toxicity, 
they must comply with the special requirements of Sec. 268.9 of this 
part in addition to any applicable requirements in this section.
    (2) If the waste or contaminated soil does not meet the treatment 
standard: With the initial shipment of waste to each treatment or 
storage facility, the generator must send a one-time written notice to 
each treatment or storage facility receiving the waste, and place a copy 
in the file. The notice must include the information in column 
``268.7(a)(2)'' of the Generator Paperwork Requirements Table in 
Sec. 268.7(a)(4). No further notification is necessary until such time 
that the waste or facility change, in which case a new notification must 
be sent and a copy placed in the generator's file.
    (i) For contaminated soil, the following certification statement 
should be included, signed by an authorized representative:

    I certify under penalty of law that I personally have examined this 
contaminated soil and it [does/does not] contain listed hazardous waste 
and [does/does not] exhibit a characteristic of hazardous waste and 
requires treatment to meet the soil treatment standards as provided by 
268.49(c).

    (ii) [Reserved]
    (3) If the waste or contaminated soil meets the treatment standard 
at the original point of generation:
    (i) With the initial shipment of waste to each treatment, storage, 
or disposal facility, the generator must send a one-time written notice 
to each treatment, storage, or disposal facility receiving the waste, 
and place a copy in the file. The notice must include the information 
indicated in column ``268.7(a)(3)'' of the Generator Paperwork 
Requirements Table in Sec. 268.7(a)(4) and the following certification 
statement, signed by an authorized representative:

    I certify under penalty of law that I personally have examined and 
am familiar with the waste through analysis and testing or through 
knowledge of the waste to support this certification that the waste 
complies with the treatment standards specified in 40 CFR part 268 
subpart D. I believe that the information I submitted is true, accurate, 
and complete. I am aware that there are significant penalties for 
submitting a false certification, including the possibility of a fine 
and imprisonment.

    (ii) For contaminated soil, with the initial shipment of wastes to 
each treatment, storage, or disposal facility, the generator must send a 
one-time written notice to each facility receiving the waste and place a 
copy in the file. The notice must include the information in 
``268.7(a)(3) of the Generator Paperwork Requirements Table in 
Sec. 268.7(a)(4).
    (iii) If the waste changes, the generator must send a new notice and 
certification to the receiving facility, and place a copy in their 
files. Generators

[[Page 127]]

of hazardous debris excluded from the definition of hazardous waste 
under Sec. 261.3(f) of this chapter are not subject to these 
requirements.
    (4) For reporting, tracking, and recordkeeping when exceptions allow 
certain wastes or contaminated soil that do not meet the treatment 
standards to be land disposed: There are certain exemptions from the 
requirement that hazardous wastes or contaminated soil meet treatment 
standards before they can be land disposed. These include, but are not 
limited to case-by-case extensions under Sec. 268.5, disposal in a no-
migration unit under Sec. 268.6, or a national capacity variance or 
case-by-case capacity variance under subpart C of this part. If a 
generator's waste is so exempt, then with the initial shipment of waste, 
the generator must send a one-time written notice to each land disposal 
facility receiving the waste. The notice must include the information 
indicated in column ``268.7(a)(4)'' of the Generator Paperwork 
Requirements Table below. If the waste changes, the generator must send 
a new notice to the receiving facility, and place a copy in their files.

                                     Generator Paperwork Requirements Table
----------------------------------------------------------------------------------------------------------------
                                                           Sec.  268.7   Sec.  268.7   Sec.  268.7   Sec.  268.7
                  Required information                       (a)(2)        (a)(3)        (a)(4)        (a)(9)
----------------------------------------------------------------------------------------------------------------
1. EPA Hazardous Waste Numbers and Manifest Number of                              
 first shipment.........................................
2. Statement: this waste is not prohibited from land                                      
 disposal...............................................
3. The waste is subject to the LDRs. The constituents of             
 concern for F001-F005, and F039, and underlying
 hazardous constituents in characteristic wastes, unless
 the waste will be treated and monitored for all
 constituents. If all constituents will be treated and
 monitored, there is no need to put them all on the LDR
 notice.................................................
4. The notice must include the applicable wastewater/                
 nonwastewater category (see Secs.  268.2(d) and (f))
 and subdivisions made within a waste code based on
 waste-specific criteria (such as D003 reactive cyanide)
5. Waste analysis data (when available).................                    
6. Date the waste is subject to the prohibition.........                                  
7. For hazardous debris, when treating with the                                    
 alternative treatment technologies provided by Sec.
 268.45: the contaminants subject to treatment, as
 described in Sec.  268.45(b); and an indication that
 these contaminants are being treated to comply with
 Sec.  268.45...........................................
8. For contaminated soil subject to LDRs as provided in              
 Sec.  268.49(a), the constituents subject to treatment
 as described in Sec.  268.49(d), and the following
 statement: This contaminated soil [does/does not]
 contain listed hazardous waste and [does/does not]
 exhibit a characteristic of hazardous waste and [is
 subject to/complies with the soil treatment standards
 as provided by Sec.  268.49(c) or the universal
 treatment standards....................................
9. A certification is needed (see applicable section for                                         
 exact wording).........................................
----------------------------------------------------------------------------------------------------------------

    (5) If a generator is managing and treating prohibited waste or 
contaminated soil in tanks, containers, or containment buildings 
regulated under 40 CFR 262.34 to meet applicable LDR treatment standards 
found at Sec. 268.40, the generator must develop and follow a written 
waste analysis plan which describes the procedures they will carry out 
to comply with the treatment standards. (Generators treating hazardous 
debris under the alternative treatment standards of Table 1, 
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 kept in the facility's on-site files and made 
available to inspectors.
    (iii) Wastes shipped off-site pursuant to this paragraph must comply 
with

[[Page 128]]

the notification requirements of Sec. 268.7(a)(3).
    (6) If a generator determines that the waste or contaminated soil is 
restricted based solely on his knowledge of the waste, all supporting 
data used to make this determination must be retained on-site in the 
generator's files. If a generator determines that the waste is 
restricted based on testing this waste or an extract developed using the 
test method 1311 in ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846, as referenced in Sec. 260.11 
of this chapter, and all waste analysis data must be retained on-site in 
the generator's files.
    (7) If a generator determines that he is managing a prohibited waste 
that is excluded from the definition of hazardous or solid waste or is 
exempted from Subtitle C regulation under 40 CFR 261.2 through 261.6 
subsequent to the point of generation (including deactivated 
characteristic hazardous wastes managed in wastewater treatment systems 
subject to the Clean Water Act (CWA) as specified at 40 CFR 261.4(a)(2) 
or that are CWA-equivalent, or are managed in an underground injection 
well regulated by the SDWA), he must place a one-time notice describing 
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 on-site files.
    (8) Generators must retain on-site a copy of all notices, 
certifications, waste analysis data, and other documentation produced 
pursuant to this section for at least three years from the date that the 
waste that is the subject of such documentation was last sent to on-site 
or off-site treatment, storage, or disposal. The three year record 
retention period is automatically extended during the course of any 
unresolved enforcement action regarding the regulated activity or as 
requested by the 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 Subtitle C regulation, subsequent to the point of generation.
    (9) If a generator is managing a lab pack containing hazardous 
wastes and wishes to use the alternative treatment standard for lab 
packs found at Sec. 268.42(c):
    (i) With the initial shipment of waste to a treatment facility, the 
generator must submit a notice that provides the information in column 
``Sec. 268.7(a)(9)'' in the Generator Paperwork Requirements Table of 
paragraph (a)(4) of this section, and the following certification. The 
certification, which must be signed by an authorized representative and 
must be placed in the generator's files, must say the following:

    I certify under penalty of law that I personally have examined and 
am familiar with the waste and that the lab pack contains only wastes 
that have not been excluded under appendix IV to 40 CFR part 268 and 
that this lab pack will be sent to a combustion facility in compliance 
with the alternative treatment standards for lab packs at 40 CFR 
268.42(c). I am aware that there are significant penalties for 
submitting a false certification, including the possibility of fine or 
imprisonment.

    (ii) No further notification is necessary until such time that the 
wastes in the lab pack change, or the receiving facility changes, in 
which case a new notice and certification must be sent and a copy placed 
in the generator's file.
    (iii) If the lab pack contains characteristic hazardous wastes 
(D001-D043), underlying hazardous constituents (as defined in 
Sec. 268.2(i)) need not be determined.
    (iv) The generator must also comply with the requirements in 
paragraphs (a)(6) and (a)(7) of this section.
    (10) 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

[[Page 129]]

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 40 CFR 
264.13 (for permitted TSDs) or 40 CFR 265.13 (for interim status 
facilities). Such testing must be performed as provided in paragraphs 
(b)(1), (b)(2) and (b)(3) of this section.
    (1) For wastes or contaminated soil with treatment standards 
expressed in the waste extract (TCLP), the owner or operator of the 
treatment facility must test an extract of the treatment residues, using 
test method 1311 (the Toxicity Characteristic Leaching Procedure, 
described in ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846 as incorporated by reference 
in Sec. 260.11 of this chapter) to assure that the treatment residues 
extract meet the applicable treatment standards.
    (2) For wastes or contaminated soil with treatment standards 
expressed as concentrations in the waste, the owner or operator of the 
treatment facility must test the treatment residues (not an extract of 
such residues) to assure that they meet the applicable treatment 
standards.
    (3) A one-time notice must be sent with the initial shipment of 
waste or contaminated soil to the land disposal facility. A copy of the 
notice must be placed in the treatment facility's file.
    (i) No further notification is necessary until such time that the 
waste or receiving facility change, in which case a new notice must be 
sent and a copy placed in the treatment facility's file.
    (ii) The one-time notice must include these requirements:

             Treatment Facility Paperwork Requirements Table
------------------------------------------------------------------------
                  Required information                    Sec.  268.7(b)
------------------------------------------------------------------------
1. EPA Hazardous Waste Numbers and Manifest Number of          
 first shipment.........................................
2. The waste is subject to the LDRs. The constituents of       
 concern for F001-F005, and F039, and underlying
 hazardous constituents in characteristic wastes, unless
 the waste will be treated and monitored for all
 constituents. If all constituents will be treated and
 monitored, there is no need to put them all on the LDR
 notice.................................................
3. The notice must include the applicable wastewater/          
 nonwastewater category (see Secs.  268.2(d) and (f))
 and subdivisions made within a waste code based on
 waste-specific criteria (such as D003 reactive cyanide)
4. Waste analysis data (when available).................       
5. For contaminated soil subject to LDRs as provided in        
 268.49(a), the constituents subject to treatment as
 described in 268.49(d) and the following statement,
 ``this contaminated soil [does/does not] exhibit a
 characteristic of hazardous waste and [is subject to/
 complies with] the soil treatment standards as provided
 by 268.49(c)...........................................
6. A certification is needed (see applicable section for       
 exact wording).........................................
------------------------------------------------------------------------

    (4) The treatment facility must submit a one-time certification 
signed by an authorized representative with the initial shipment of 
waste or treatment residue of a restricted waste to the land disposal 
facility. The certification must state:

    I certify under penalty of law that I have personally examined and 
am familiar with the treatment technology and operation of the treatment 
process used to support this certification. Based on my inquiry of those 
individuals immediately responsible for obtaining this information, I 
believe that the treatment process has been operated and maintained 
properly so as to comply with the treatment standards specified in 40 
CFR 268.40 without impermissible dilution of the prohibited waste. I am 
aware there are significant penalties for submitting a false 
certification, including the possibility of fine and imprisonment.


A certification is also necessary for contaminated soil and it must 
state:

    I certify under penalty of law that I have personally examined and 
am familiar with the treatment technology and operation of the treatment 
process used to support this certification and believe that it has been 
maintained and operated properly so as to comply with treatment 
standards specified in 40 CFR 268.49 without impermissible dilution of 
the prohibited wastes. I am aware there are significant penalties for 
submitting a false certification, including the possibility of fine and 
imprisonment.

    (i) A copy of the certification must be placed in the treatment 
facility's on-site files. If the waste or treatment

[[Page 130]]

residue changes, or the receiving facility changes, a new certification 
must be sent to the receiving facility, and a copy placed in the file.
    (ii) Debris excluded from the definition of hazardous waste under 
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.
    (iii) For wastes with organic constituents having treatment 
standards expressed as concentration levels, if compliance with the 
treatment standards is based in whole or in part on the analytical 
detection limit alternative specified in Sec. 268.40(d), the 
certification, signed by an authorized representative, must state the 
following:

    I certify under penalty of law that I have personally examined and 
am familiar with the treatment technology and operation of the treatment 
process used to support this certification. Based on my inquiry of those 
individuals immediately responsible for obtaining this information, I 
believe that the nonwastewater organic constituents have been treated by 
combustion units as specified in 268.42, Table 1. I have been unable to 
detect the nonwastewater organic constituents, despite having used best 
good-faith efforts to analyze for such constituents. I am aware there 
are significant penalties for submitting a false certification, 
including the possibility of fine and imprisonment.

    (iv) For characteristic wastes that are subject to the treatment 
standards in Sec. 268.40 (other than those expressed as a method of 
treatment), or Sec. 268.49, and that contain underlying hazardous 
constituents as defined in Sec. 268.2(i); if these wastes are treated 
on-site to remove the hazardous characteristic; and are then sent off-
site for treatment of underlying hazardous constituents, the 
certification must state the following:

    I certify under penalty of law that the waste has been treated in 
accordance with the requirements of 40 CFR 268.40 or 268.49 to remove 
the hazardous characteristic. This decharacterized waste contains 
underlying hazardous constituents that require further treatment to meet 
treatment standards. I am aware that there are significant penalties for 
submitting a false certification, including the possibility of fine and 
imprisonment.

    (v) For characteristic wastes that contain underlying hazardous 
constituents as defined Sec. 268.2(i) that are treated on-site to remove 
the hazardous characteristic 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(i) 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.

    (5) If the waste or treatment residue will be further managed at a 
different treatment, storage, or disposal facility, the treatment, 
storage, or disposal facility sending the waste or treatment residue 
off-site must comply with the notice and certification requirements 
applicable to generators under this section.
    (6) Where the wastes are recyclable materials used in a manner 
constituting disposal subject to the provisions of Sec. 268.20(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)(3) 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)(4) of this section, and a notice which includes the information 
listed in paragraph (b)(3) 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:

[[Page 131]]

    (1) Have copies of the notice and certifications specified in 
paragraph (a) or (b) of this section.
    (2) Test the waste, or an extract of the waste or treatment residue 
developed using test method 1311 (the Toxicity Characteristic Leaching 
Procedure), described in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication SW-846 as incorporated by 
reference in Sec. 260.11 of this chapter), to assure that the wastes or 
treatment residues are in compliance with the applicable treatment 
standards set forth in subpart D of this part. 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 of this chapter.
    (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;
    (ii) Records must be kept of any data or information the treater 
obtains during treatment of the debris that identifies key operating 
parameters of the treatment unit; and
    (iii) For each shipment of treated debris, a certification of 
compliance with the treatment standards must be signed by an authorized 
representative and placed in the facility's files. The certification 
must state the following: ``I certify under penalty of law that the 
debris has been treated in accordance with the requirements of 40 CFR 
268.45. I am aware that there are significant penalties for making a 
false certification, including the possibility of fine and 
imprisonment.''
    (e) Generators and treaters who first receive from EPA or an 
authorized state a determination that a given contaminated soil subject 
to LDRs as provided in Sec. 268.49(a) no longer contains a listed 
hazardous waste and generators and treaters who first determine that a 
contaminated soil subject to LDRs as provided in Sec. 268.49(a) no 
longer exhibits a characteristic of hazardous waste must:
    (1) Prepare a one-time only documentation of these determinations 
including all supporting information; and,
    (2) Maintain that information in the facility files and other 
records for a minimum of three years.

[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; 62 FR 26019, May 12, 1997; 63 FR 28639, 
May 26, 1998; 64 FR 25414, May 11, 1999; 64 FR 56471, Oct. 20, 1999]

[[Page 132]]



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 part 268, the waste will carry the waste code for 
any applicable listed waste (Part 261, Subpart D). In addition, where 
the waste exhibits a characteristic, the waste will carry one or more of 
the characteristic waste codes (Part 261, Subpart C), except when the 
treatment standard for the listed waste operates in lieu of the 
treatment standard for the characteristic waste, as specified in 
paragraph (b) of this section. If the generator determines that their 
waste displays a hazardous characteristic (and is not D001 
nonwastewaters treated by CMBST, RORGS, OR POLYM of Sec. 268.42, Table 
1), the generator must determine the underlying hazardous constituents 
(as defined at Sec. 268.2(i)) in the characteristic waste.
    (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 code(s), treatability group(s), and 
underlying hazardous constituents (as defined in Sec. 268.2(i)), unless 
the waste will be treated and monitored for all underlying hazardous 
constituents. If all underlying hazardous constituents will be treated 
and monitored, there is no requirement to list any of the underlying 
hazardous constituents on the notice.
    (2) The certification must be signed by an authorized representative 
and must state the language found in Sec. 268.7(b)(4).
    (i) If treatment removes the characteristic but does not meet 
standards applicable to underlying hazardous constituents, then the 
certification found in Sec. 268.7(b)(4)(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; 62 
FR 26022, May 12, 1997; 64 FR 25415, May 11, 1999]



 Subpart B--Schedule for Land Disposal Prohibition and Establishment of 
                           Treatment Standards

    Source: 51 FR 19305, May 28, 1986, unless otherwise noted.

[[Page 133]]



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--wood preserving wastes.

    (a) Effective August 11, 1997, the following wastes are prohibited 
from land disposal: the wastes specified in 40 CFR part 261 as EPA 
Hazardous Waste numbers F032, F034, and F035.
    (b) Effective May 12, 1999, the following wastes are prohibited from 
land disposal: soil and debris contaminated with F032, F034, F035; and 
radioactive wastes mixed with EPA Hazardous waste numbers F032, F034, 
and F035.
    (c) Between May 12, 1997 and May 12, 1999, soil and debris 
contaminated with F032, F034, F035; and radioactive waste mixed with 
F032, F034, and F035 may be disposed in a landfill or surface 
impoundment only if such unit is in compliance with the requirements 
specified in Sec. 268.5(h)(2) of this part.
    (d) The requirements of paragraphs (a) and (b) of this section do 
not apply if:
    (1) The wastes meet the applicable treatment standards specified in 
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; or
    (4) 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.
    (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 Universal Treatment 
Standard levels of Sec. 268.48 of this part, the waste is prohibited 
from land disposal, and all requirements of

[[Page 134]]

part 268 are applicable, except as otherwise specified.

[62 FR 26022, May 12, 1997]



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]



Secs. 268.32--268.33  [Reserved]



Sec. 268.34  Waste specific prohibitions--toxicity characteristic metal wastes.

    (a) Effective August 24, 1998, the following wastes are prohibited 
from land disposal: the wastes specified in 40 CFR Part 261 as EPA 
Hazardous Waste numbers D004-D011 that are newly identified (i.e. 
wastes, soil, or debris identified as hazardous by the Toxic 
Characteristic Leaching Procedure but not the Extraction Procedure), and 
waste, soil, or debris from mineral processing operations that is 
identified as hazardous by the specifications at 40 CFR Part 261.
    (b) Effective November 26, 1998, the following waste is prohibited 
from land disposal: Slag from secondary lead smelting which exhibits the 
Toxicity Characteristic due to the presence of one or more metals.
    (c) Effective May 26, 2000, the following wastes are prohibited from 
land disposal: newly identified characteristic wastes from elemental 
phosphorus processing; radioactive wastes mixed with EPA Hazardous 
wastes D004-D011 that are newly identified (i.e., wastes, soil, or 
debris identified as hazardous by the Toxic Characteristic Leaching 
Procedure but not the Extraction Procedure); or mixed with newly 
identified characteristic mineral processing wastes, soil, or debris.
    (d) Between May 26, 1998 and May 26, 2000, newly identified 
characteristic wastes from elemental phosphorus processing, radioactive 
waste mixed with D004-D011 wastes that are newly identified (i.e., 
wastes, soil, or debris identified as hazardous by the Toxic 
Characteristic Leaching Procedure but not the Extraction Procedure), or 
mixed with newly identified characteristic mineral processing wastes, 
soil, or debris may be disposed in a landfill or surface impoundment 
only if such unit is in compliance with the requirements specified in 
Sec. 268.5(h) of this part.
    (e) The requirements of paragraphs (a) and (b) of this section do 
not apply if:

[[Page 135]]

    (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; or
    (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.
    (f) 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 concentration in the waste extract or the 
waste, or the generator may use knowledge of the waste. If the waste 
contains constituents (including underlying hazardous constituents in 
characteristic wastes) in excess of the applicable Universal Treatment 
Standard levels of Sec. 268.48 of this part, the waste is prohibited 
from land disposal, and all requirements of part 268 are applicable, 
except as otherwise specified.

[63 FR 28641, May 26, 1998, as amended at 63 FR 48127, Sept. 9, 1998]



Sec. 268.35  Waste specific prohibitions--petroleum refining wastes.

    (a) Effective February 8, 1999, the wastes specified in 40 CFR part 
261 as EPA Hazardous Wastes Numbers K169, K170, K171, and K172, soils 
and debris contaminated with these wastes, radioactive wastes mixed with 
these hazardous wastes, and soils and debris contaminated with these 
radioactive mixed wastes, are prohibited from land disposal.
    (b) The requirements of paragraph (a) of this section do not apply 
if:
    (1) The wastes meet the applicable treatment standards specified in 
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 treatment standards established 
pursuant to a petition granted under Sec. 268.44;
    (4) Hazardous debris that have met treatment standards in 
Sec. 268.40 or in the alternative treatment standards in Sec. 268.45; or
    (5) 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.
    (c) 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 Universal Treatment 
Standard levels of Sec. 268.48, the waste is prohibited from land 
disposal, and all requirements of this part are applicable, except as 
otherwise specified.

[63 FR 42186, Aug. 6, 1998]



Sec. 268.36  [Reserved]



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

[[Page 136]]

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]



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

[[Page 137]]

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]



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-K159, and K161; and in 40 CFR 261.33 as EPA 
Hazardous Waste numbers P127, P128, P185, P188-P192, P194, P196-P199, 
P201-P205, U271, U278-U280, U364, U367, U372, U373, U387, U389, U394, 
U395, U404, and U409-U411 are prohibited from land disposal. In 
addition, soil and debris contaminated with these wastes are prohibited 
from land disposal.
    (b) On July 8, 1996, the wastes identified in 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 September 21, 1998, 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-K159, 
K161, P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, 
U278-U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and 
U409-U411 are prohibited from land disposal. In addition, soil and 
debris contaminated with these radioactive mixed wastes are prohibited 
from land disposal.
    (e) Between July 8, 1996, and April 8, 1998, the wastes included in 
paragraphs (a), (c), and (d) of this section may be disposed in a 
landfill or surface impoundment, only if such unit is in compliance with 
the requirements specified in 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; 62 
FR 1997, Jan. 14, 1997; 62 FR 32979, June 17, 1997; 62 FR 37699, July 
14, 1997; 63 FR 51264, Sept. 24, 1998]

[[Page 138]]



                     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 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-D043) that are subject to 
treatment standards in the following table ``Treatment Standards for 
Hazardous Wastes,'' and are not managed in a wastewater treatment system 
that is regulated under the Clean Water Act (CWA), that is CWA-
equivalent, or that is injected into a Class I nonhazardous deep 
injection well, all underlying hazardous constituents (as defined in 
Sec. 268.2(i)) must meet Universal Treatment Standards, found in 
Sec. 268.48, Table Universal Treatment Standards, 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

[[Page 139]]

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.
    (g) Between August 26, 1996 and March 4, 1999 the treatment 
standards for 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; and soil contaminated with these wastes; may 
be satisfied by either meeting the constituent concentrations presented 
in the table ``Treatment Standards for Hazardous Wastes'' in this 
section, or by treating the waste by the following technologies: 
combustion, as defined by the technology code CMBST at Sec. 268.42 Table 
1, for nonwastewaters; and, biodegradation as definded by the technology 
code BIODG, carbon adsorption as defined by the technology code CARBN, 
chemical oxidation as defined by the technology code CHOXD, or 
combustion as defined as technology code CMBST at Sec. 268.42 Table 1, 
for wastewaters.
    (h) Prohibited D004-D011 mixed radioactive wastes and mixed 
radioactive listed wastes containing metal constituents, that were 
previously treated by stabilization to the treatment standards in effect 
at that time and then put into storage, do not have to be re-treated to 
meet treatment standards in this section prior to land disposal.
    (i) Zinc micronutrient fertilizers that are produced for the general 
public's use and that are produced from or contain recycled 
characteristic hazardous wastes (D004-D011) are subject to the 
applicable treatment standards in Sec. 268.41 contained in the 40 CFR, 
parts 260 to 299, edition revised as of July 1, 1990.
    (j) Effective September 4, 1998, the treatment standards for the 
wastes specified in 40 CFR 261.33 as EPA Hazardous Waste numbers P185, 
P191, P192, P197, U364, U394, and U395 may be satisfied by either 
meeting the constituent concentrations presented in the table 
``Treatment Standards for Hazardous Wastes'' in this section, or by 
treating the waste by the following technologies: combustion, as defined 
by the technology code CMBST at Sec. 268.42 Table 1 of this Part, for 
nonwastewaters; and, biodegradation as defined by the technology code 
BIODG, carbon adsorption as defined by the technology code CARBN, 
chemical oxidation as defined by the technology code CHOXD, or 
combustion as defined as technology code CMBST at Sec. 268.42 Table 1 of 
this Part, for wastewaters.

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[59 FR 48046, Sept. 19, 1994]

    Editorial Note: For Federal Register citations affecting 
Sec. 268.40, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.

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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 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 the table entitled 
``Technology Codes and Description of Technology-Based Standards'' in 
this section.

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.
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.

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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.
POLYM:                  Formation of complex high-molecular weight
                         solids through polymerization of monomers in
                         high-TOC D001 non-wastewaters which are
                         chemical components in the manufacture of
                         plastics.
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.
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).

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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 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; 62 FR 26025, May 12, 1997; 63 FR 28738, 
May 26, 1998]



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) Based on a petition filed by a generator or treater of hazardous 
waste, the Administrator may approve a variance from an applicable 
treatment standard if:

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    (1) It is not physically possible to treat the waste to the level 
specified in the treatment standard, or by the method specified as the 
treatment standard. To show that this is the case, the petitioner must 
demonstrate that because the physical or chemical properties of the 
waste differ significantly from waste analyzed in developing the 
treatment standard, the waste cannot be treated to the specified level 
or by the specified method; or
    (2) It is inappropriate to require the waste to be treated to the 
level specified in the treatment standard or by the method specified as 
the treatment standard, even though such treatment is technically 
possible. To show that this is the case, the petitioner must either 
demonstrate that:
    (i) Treatment to the specified level or by the specified method is 
technically inappropriate (for example, resulting in combustion of large 
amounts of mildly contaminated environmental media); or
    (ii) For remediation waste only, treatment to the specified level or 
by the specified method is environmentally inappropriate because it 
would likely discourage aggressive remediation.
    (b) Each petition must be submitted in accordance with the 
procedures in 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.
    (h) Based on a petition filed by a generator or treater of hazardous 
waste, the Administrator or his or her delegated representative may 
approve a site-specific variance from an applicable treatment standard 
if:
    (1) It is not physically possible to treat the waste to the level 
specified in the treatment standard, or by the method specified as the 
treatment standard. To show that this is the case, the petitioner must 
demonstrate that because the physical or chemical properties of the 
waste differ significantly from waste analyzed in developing the 
treatment standard, the waste cannot be treated to the specified level 
or by the specified method; or
    (2) It is inappropriate to require the waste to be treated to the 
level specified in the treatment standard or by the method specified as 
the treatment standard, even though such treatment is technically 
possible. To show that this is the case, the petitioner must either 
demonstrate that:
    (i) Treatment to the specified level or by the specified method is 
technically inappropriate (for example, resulting in combustion of large 
amounts of mildly contaminated environmental media where the treatment 
standard is not based on combustion of such media); or
    (ii) For remediation waste only, treatment to the specified level or 
by the specified method is environmentally inappropriate because it 
would likely discourage aggressive remediation.

[[Page 245]]

    (3) For contaminated soil only, treatment to the level or by the 
method specified in the soil treatment standards would result in 
concentrations of hazardous constituents that are below (i.e., lower 
than) the concentrations necessary to minimize short- and long-term 
threats to human health and the environment. Treatment variances 
approved under this paragraph must:
    (i) At a minimum, impose alternative land disposal restriction 
treatment standards that, using a reasonable maximum exposure scenario:
    (A) For carcinogens, achieve constituent concentrations that result 
in the total excess risk to an individual exposed over a lifetime 
generally falling within a range from 10 -4 to 10 
-6; and
    (B) For constituents with non-carcinogenic effects, achieve 
constituent concentrations that an individual could be exposed to on a 
daily basis without appreciable risk of deleterious effect during a 
lifetime.
    (ii) Not consider post-land-disposal controls.
    (4) For contaminated soil only, treatment to the level or by the 
method specified in the soil treatment standards would result in 
concentrations of hazardous constituents that are below (i.e., lower 
than) natural background concentrations at the site where the 
contaminated soil will land disposed.
    (5) Public notice and a reasonable opportunity for public comment 
must be provided before granting or denying a petition.
    (i) Each application for a site-specific variance from a treatment 
standard must include the information in 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) For all variances, the petitioner must also demonstrate that 
compliance with any given treatment variance is sufficient to minimize 
threats to human health and the environment posed by land disposal of 
the waste. In evaluating this demonstration, EPA may take into account 
whether a treatment variance should be approved if the subject waste is 
to be used in a manner constituting disposal pursuant to 40 CFR 266.20 
through 266.23.
    (n) [Reserved]
    (o) The following facilities are excluded from the treatment 
standards under Sec. 268.40, and are subject to the following 
constituent concentrations:

[[Page 246]]



                                         Table--Wastes Excluded From the Treatment Standards Under Sec.  268.40
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                          Wastewaters               Nonwastewaters
                                                                             Regulated hazardous -------------------------------------------------------
   Facility name\1\ and address        Waste code           See also             constituent      Concentration               Concentration
                                                                                                      (mg/l)        Notes        (mg/kg)        Notes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ball-Foster Glass Container         D010              Table CCWE in 268.40  Selenium............         NA               NA            25            NA
 Corporation, El Monte, CA (\6\),
 (\7\).
Craftsman Plating and Tinning,      F006              Table CCWE in 268.40  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   ...........
Owens Brockway Glass Container      D010              Table CCWE in 268.40  Selenium............         NA               NA            51            NA
 Company, Vernon, CA (\5\), (\7\).
Northwestern Plating Works, Inc.,   F006              Table CCWE in 268.40  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.
(\5\)--Alternative D010 selenium standard only applies to dry scrubber solid from glass manufacturing wastes.
(\6\)--Alternative D010 selenium standard only applies to electrostatic precipitator dust generated during glass manufacturing operations.
(\7\)--D010 wastes generated by these two facilities are subject to the following conditions: (a) the wastes must be treated by Chemical Waste
  Management, Inc. at their Kettleman Hills facility in Kettleman City, California; and (b) this treatment variance will be valid until May 11, 2002.
 
Note: NA means Not Applicable.

[51 FR 40642, Nov. 7, 1986, as amended at 52 FR 21017, June 4, 1987; 53 
FR 31221, Aug. 17, 1988; 54 FR 36972, Sept. 6, 1989; 56 FR 12355, Mar. 
25, 1991; 61 FR 55727, Oct. 28, 1996; 62 FR 26025, May 12, 1997; 62 FR 
64509, Dec. 5, 1997; 63 FR 28738, May 26, 1998; 64 FR 28391, May 26, 
1999]

[[Page 247]]



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(f)(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 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 treatment standards 
for D003 in ``Treatment Standards for Hazardous Wastes'' at Sec. 268.40.

[[Page 248]]

    (4) Ignitable nonwastewater residue. Ignitable nonwastewaster 
residue containing equal to or greater than 10% total organic carbon is 
subject to the technology specified in the treatment standard for D001: 
Ignitable Liquids.
    (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 249]]

 
  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 250]]

 
  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 251]]

 
\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; 
63 FR 28738, May 26, 1998]



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.

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[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; 62 FR 7596, Feb. 19, 
1997; 63 FR 24626, May 4, 1998; 63 FR 28739, May 26, 1998; 63 FR 47417, 
Sept. 4, 1998; 64 FR 25417, May 11, 1999; 65 FR 14475, Mar. 17, 2000]

    Editorial Note: At 65 FR 14475, Mar. 17, 2000, in Sec. thnsp;268.48, 
the table as amended by removing the entry for 2,4,6-Tribromophenol; 
however, this is a photographed table and could not be removed.



Sec. 268.49  Alternative LDR treatment standards for contaminated soil.

    (a) Applicability. You must comply with LDRs prior to placing soil 
that exhibits a characteristic of hazardous waste, or exhibited a 
characteristic of hazardous waste at the time it was generated, into a 
land disposal unit. The following chart describes whether you must 
comply with LDRs prior to placing soil contaminated by listed hazardous 
waste into a land disposal unit:

----------------------------------------------------------------------------------------------------------------
            If LDRs                  And if LDRs           And if                        Then you
----------------------------------------------------------------------------------------------------------------
Applied to the listed waste      Apply to the        ..................  Must comply with LDRs
 when it contaminated the soil*.  listed waste now.
Didn't apply to the listed       Apply to the        The soil is         Must comply with LDRs.
 waste when it contaminated the   listed waste now.   determined to
 soil*.                                               contain the
                                                      listed waste when
                                                      the soil is first
                                                      generated.
Didn't apply to the listed       Apply to the        The soil is         Needn't comply with LDRs.
 waste when it contaminated the   listed waste now.   determined not to
 soil*.                                               contain the
                                                      listed waste when
                                                      the soil is first
                                                      generated.

[[Page 263]]

 
Didn't apply to the listed       Don't apply to the  ..................  Needn't comply with LDRs.
 waste when it contaminated the   listed waste now.
 soil*.
----------------------------------------------------------------------------------------------------------------
* For dates of LDR applicability, see 40 CFR Part 268 Appendix VII. To determine the date any given listed
  hazardous waste contaminated any given volume of soil, use the last date any given listed hazardous waste was
  placed into any given land disposal unit or, in the case of an accidental spill, the date of the spill.

    (b) Prior to land disposal, contaminated soil identified by 
paragraph (a) of this section as needing to comply with LDRs must be 
treated according to the applicable treatment standards specified in 
paragraph (c) of this section or according to the Universal Treatment 
Standards specified in 40 CFR 268.48 applicable to the contaminating 
listed hazardous waste and/or the applicable characteristic of hazardous 
waste if the soil is characteristic. The treatment standards specified 
in paragraph (c) of this section and the Universal Treatment Standards 
may be modified through a treatment variance approved in accordance with 
40 CFR 268.44.
    (c) Treatment standards for contaminated soils. Prior to land 
disposal, contaminated soil identified by paragraph (a) of this section 
as needing to comply with LDRs must be treated according to all the 
standards specified in this paragraph or according to the Universal 
Treatment Standards specified in 40 CFR 268.48.
    (1) All soils. Prior to land disposal, all constituents subject to 
treatment must be treated as follows:
    (A) For non-metals except carbon disulfide, cyclohexanone, and 
methanol, treatment must achieve 90 percent reduction in total 
constituent concentrations, except as provided by paragraph (c)(1)(C) of 
this section.
    (B) For metals and carbon disulfide, cyclohexanone, and methanol, 
treatment must achieve 90 percent reduction in constituent 
concentrations as measured in leachate from the treated media (tested 
according to the TCLP) or 90 percent reduction in total constituent 
concentrations (when a metal removal treatment technology is used), 
except as provided by paragraph (c)(1)(C)of this section.
    (C) When treatment of any constituent subject to treatment to a 90 
percent reduction standard would result in a concentration less than 10 
times the Universal Treatment Standard for that constituent, treatment 
to achieve constituent concentrations less than 10 times the universal 
treatment standard is not required. Universal Treatment Standards are 
identified in 40 CFR 268.48 Table UTS.
    (2) Soils that exhibit the characteristic of ignitability, 
corrosivity or reactivity. In addition to the treatment required by 
paragraph (c)(1) of this section, prior to land disposal, soils that 
exhibit the characteristic of ignitability, corrosivity, or reactivity 
must be treated to eliminate these characteristics.
    (3) Soils that contain nonanalyzable constituents. In addition to 
the treatment requirements of paragraphs (c)(1) and (2) of this section, 
prior to land disposal, the following treatment is required for soils 
that contain nonanalyzable constituents:
    (A) For soil that contains only analyzable and nonanalyzable organic 
constituents, treatment of the analyzable organic constituents to the 
levels specified in paragraphs (c)(1) and (2) of this section; or,
    (B) For soil that contains only nonanalyzable constituents, 
treatment by the method(s) specified in Sec. 268.42 for the waste 
contained in the soil.
    (d) Constituents subject to treatment. When applying the soil 
treatment standards in paragraph (c) of this section, constituents 
subject to treatment are any constituents listed in 40 CFR 268.48, Table 
UTS--Universal Treatment Standards that are reasonably expected to be 
present in any given volume of contaminated soil, except fluoride, 
selenium, sulfides, vanadium and zinc, and are present at concentrations 
greater than ten times the universal treatment standard.
    (e) Management of treatment residuals. Treatment residuals from 
treating contaminated soil identified by paragraph (a) of this section 
as needing to comply with LDRs must be managed as follows:

[[Page 264]]

    (1) Soil residuals are subject to the treatment standards of this 
section;
    (2) Non-soil residuals are subject to:
    (A) For soils contaminated by listed hazardous waste, the RCRA 
Subtitle C standards applicable to the listed hazardous waste; and
    (B) For soils that exhibit a characteristic of hazardous waste, if 
the non-soil residual also exhibits a characteristic of hazardous waste, 
the treatment standards applicable to the characteristic hazardous 
waste.

[63 FR 28751, May 26, 1998, as amended at 64 FR 25417, May 11, 1999; 64 
FR 56472, Oct. 20, 1999]



                   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.
    (g) The prohibition and requirements in this do not apply to 
hazardous remediation wastes stored in a staging pile

[[Page 265]]

approved pursuant to Sec. 264.554 of this chapter.

[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; 63 FR 65940, Nov. 30, 1998]

                  Appendix I-III to Part 268 [Reserved]

   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 characteristic wastes is stated in 
the Sec. 268.40 Table of Treatment Standards as ``Deactivation and meet 
UTS.'' EPA has determined that many technologies, when used alone or in 
combination, can achieve the deactivation portion of the treatment 
standard. Characteristic wastes that are not managed in a facility 
regulated by the Clean Water Act (CWA) or in a CWA-equivalent facility, 
and that also contain underlying hazardous constituents (see 
Sec. 268.2(i)) must be treated not only by a ``deactivating'' technology 
to remove the characteristic, but also to achieve the universal 
treatment standards (UTS) for underlying hazardous constituents. The 
following appendix presents a partial list of technologies, utilizing 
the five letter technology codes established in 40 CFR 268.42 Table 1, 
that may be useful in meeting the treatment standard. Use of these 
specific technologies is not mandatory and does not preclude direct 
reuse, recovery, and/or the use of other pretreatment technologies, 
provided deactivation is achieved and underlying hazardous constituents 
are treated to achieve the UTS.

------------------------------------------------------------------------
     Waste code/subcategory            Nonwastewaters        Wastewaters
------------------------------------------------------------------------
D001 Ignitable Liquids based on   RORGS...................  n.a.
 261.21(a)(1)--Low TOC            INCIN...................
 Nonwastewater Subcategory        WETOX...................
 (containing 1% to <10% TOC).     CHOXD...................
                                  BIODG...................
D001 Ignitable Liquids based on   n.a.....................  RORGS
 261.21(a)(1)--Ignitable                                    INCIN
 Wastewater Subcategory                                     WETOX
 (containing <1% TOC).                                      CHOXD
                                                            BIODG
D001 Compressed Gases based on    RCGAS...................  n.a.
 261.21(A)(3).                    INCIN...................
                                  FSUBS...................
                                  ADGAS fb. INCIN.........
                                  ADGAS fb. (CHOXD; or
                                   CHRED).
D001 Ignitable Reactives based    WTRRX...................  n.a.
 on 261.21(a)(2).                 CHOXD...................
                                  CHRED...................
                                  STABL...................
                                  INCIN...................
D001 Ignitable Oxidizers based    CHRED...................  CHRED
 on 261.21(a)(4).                 INCIN...................  INCIN
D002 Acid Subcategory based on    RCORR...................  NEUTR
 261.22(a)(1) with pH less than   NEUTR...................  INCIN
 or equal to 2.                   INCIN...................
D002 Alkaline Subcategory based   NEUTR...................  NEUTR
 on 261.22(a)(1) with pH greater  INCIN...................  INCIN
 than or equal to 12.5.
D002 Other Corrosives based on    CHOXD...................  CHOXD
 261.22(a)(2).                    CHRED...................  CHRED
                                  INCIN...................  INCIN
                                  STABL...................
D003 Water Reactives based on     INCIN...................  n.a.
 261.23(a) (2), (3), and (4).     WTRRX...................
                                  CHOXD...................
                                  CHRED...................

[[Page 266]]

 
D003 Reactive Sulfides based on   CHOXD...................  CHOXD
 261.23(a)(5).                    CHRED...................  CHRED
                                  INCIN...................  BIODG
                                  STABL...................  INCIN
D003 Explosives based on          INCIN...................  INCIN
 261.23(a) (6), (7), and (8).     CHOXD...................  CHOXD
                                  CHRED...................  CHRED
                                                            BIODG
                                                            CARBN
D003 Other Reactives based on     INCIN...................  INCIN
 261.23(a)(1).                    CHOXD...................  CHOXD
                                  CHRED...................  CHRED
                                                            BIODG
                                                            CARBN
K044 Wastewater treatment         CHOXD...................  CHOXD
 sludges from the manufacturing   CHRED...................  CHRED
 and processing of explosives.    INCIN...................  BIODG
                                                            CARBN
                                                            INCIN
K045 Spent carbon from the        CHOXD...................  CHOXD
 treatment of wastewaters         CHRED...................  CHRED
 containing explosives.           INCIN...................  BIODG
                                                            CARBN
                                                            INCIN
K047 Pink/red water from TNT      CHOXD...................  CHOXD
 operations.                      CHRED...................  CHRED
                                  INCIN...................  BIODG
                                                            CARBN
                                                            INCIN
------------------------------------------------------------------------
Note: ``n.a.'' stands for ``not applicable''; ``fb.'' stands for
  ``followed by''.

[55 FR 22714, June 1, 1990, as amended at 62 FR 26025, May 12, 1997]
        Appendix VII to Part 268--LDR Effective Dates of Surface 
                 Disposed Prohibited Hazardous Wastes

      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
----------------------------------------------------------------------------------------------------------------
D001 c................................  All (except High TOC Ignitable Liquids).  Aug. 9, 1993.
D001..................................  High TOC Ignitable Liquids..............  Aug. 8, 1990.
D002 c................................  All.....................................  Aug. 9, 1993.
D003..................................  Newly identified surface-disposed         May 26, 2000.
                                         elemental phosphorus processing wastes.
D004..................................  Newly identified D004 and mineral         Aug. 24, 1998.
                                         processing wastes.
D004..................................  Mixed radioactive/newly identified D004   May 26, 2000
                                         or mineral processing wastes.
D005..................................  Newly identified D005 and mineral         Aug. 24, 1998.
                                         processing wastes.
D005..................................  Mixed radioactive/newly identified D005   May 26, 2000.
                                         or mineral processing wastes.
D006..................................  Newly identified D006 and mineral         Aug. 24, 1998.
                                         processing wastes.
D006..................................  Mixed radioactive/newly identified D006   May 26, 2000.
                                         or mineral processing wastes.
D007..................................  Newly identified D007 and mineral         Aug. 24, 1998.
                                         processing wastes.
D007..................................  Mixed radioactive/newly identified D007   May 26, 2000.
                                         or mineral processing wastes.
D008..................................  Newly identified D008 and mineral         Aug. 24, 1998.
                                         processing waste.
D008..................................  Mixed radioactive/newly identified D008   May 26, 2000.
                                         or mineral processing wastes.
D009..................................  Newly identified D009 and mineral         Aug. 24, 1998.
                                         processing waste.
D009..................................  Mixed radioactive/newly identified D009   May 26, 2000.
                                         or mineral processing wastes.
D010..................................  Newly identified D010 and mineral         Aug. 24, 1998.
                                         processing wastes.
D010..................................  Mixed radioactive/newly identified D010   May 26, 2000.
                                         or mineral processing wastes.
D011..................................  Newly identified D011 and mineral         Aug. 24, 1998.
                                         processing wastes.
D011..................................  Mixed radioactive/newly identified D011   May 26, 2000.
                                         or mineral processing wastes.

[[Page 267]]

 
D012 (that exhibit the toxicity         All.....................................  Dec. 14, 1994.
 characteristic based on the TCLP) d.
D013 (that exhibit the toxicity         All.....................................  Dec. 14, 1994.
 characteristic based on the TCLP) d.
D014 (that exhibit the toxicity         All.....................................  Dec. 14, 1994.
 characteristic based on the TCLP) d.
D015 (that exhibit the toxicity         All.....................................  Dec. 14, 1994.
 characteristic based on the TCLP) d.
D016 (that exhibit the toxicity         All.....................................  Dec. 14, 1994.
 characteristic based on the TCLP) d.
D017 (that exhibit the toxicity         All.....................................  Dec. 14, 1994.
 characteristic based on the TCLP) d.
D018..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D018..................................  All others..............................  Dec. 19, 1994.
D019..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D019..................................  All others..............................  Dec. 19, 1994.
D020..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D020..................................  All others..............................  Dec. 19, 1994.
D021..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D021..................................  All others..............................  Dec. 19, 1994.
D022..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D022..................................  All others..............................  Dec. 19, 1994.
D023..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D023..................................  All others..............................  Dec. 19, 1994.
D024..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D024..................................  All others..............................  Dec. 19, 1994.
D025..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D025..................................  All others..............................  Dec. 19, 1994.
D026..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D026..................................  All others..............................  Dec. 19, 1994.
D027..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D027..................................  All others..............................  Dec. 19, 1994.
D028..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D028..................................  All others..............................  Dec. 19, 1994.
D029..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D029..................................  All others..............................  Dec. 19, 1994.
D030..................................  Mixed with radioactive wastes...........  Sept. 19. 1996.
D030..................................  All others..............................  Dec. 19, 1994.
D031..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D031..................................  All others..............................  Dec. 19, 1994.
D032..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D032..................................  All others..............................  Dec. 19, 1994.
D033..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D033..................................  All others..............................  Dec. 19, 1994.
D034..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D034..................................  All others..............................  Dec. 19, 1994.
D035..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D035..................................  All others..............................  Dec. 19, 1994.
D036..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D036..................................  All others..............................  Dec. 19, 1994.
D037..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D037..................................  All others..............................  Dec. 19, 1994.
D038..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D038..................................  All others..............................  Dec. 19, 1994.
D039..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D039..................................  All others..............................  Dec. 19, 1994.
D040..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D040..................................  All others..............................  Dec. 19, 1994.
D041..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D041..................................  All others..............................  Dec. 19, 1994.
D042..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D042..................................  All others..............................  Dec. 19, 1994.
D043..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D043..................................  All others..............................  Dec. 19, 1994.
F001..................................  Small quantity generators, CERCLA         Nov. 8, 1988.
                                         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 Nonwastewater............  Aug. 8, 1990.
F002..................................  Small quantity generators, CERCLA         Nov. 8, 1988.
                                         response/RCRA corrective action,
                                         initial generator's solvent-water
                                         mixtures, solvent-containing sludges
                                         and solids.

[[Page 268]]

 
F002..................................  All others..............................  Nov. 8, 1986.
F003..................................  Small quantity generators, CERCLA         Nov. 8, 1988.
                                         response/RCRA corrective action,
                                         initial generator's solvent-water
                                         mixtures, solvent-containing sludges
                                         and solids.
F003..................................  All others..............................  Nov. 8, 1986.
F004..................................  Small quantity generators, CERCLA         Nov. 8, 1988.
                                         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 ethanol, 2-     Wastewater and Nonwastewater............  Aug. 8, 1990.
 nitropropane).
F005..................................  Small quantity generators, CERCLA         Nov. 8, 1988.
                                         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.
F021..................................  All.....................................  Nov. 8, 1988.
F025..................................  All.....................................  Aug. 8, 1990.
F026..................................  All.....................................  Nov. 8, 1988.
F027..................................  All.....................................  Nov. 8, 1988.
F028..................................  All.....................................  Nov. 8, 1988.
F032..................................  Mixed with radioactive wastes...........  May 12, 1999
F032..................................  All others..............................  Aug. 12, 1997.
F034..................................  Mixed with radioactive wastes...........  May 12, 1999
F034..................................  All others..............................  Aug. 12, 1997.
F035..................................  Mixed with radioactive wastes...........  May 12, 1999.
F035..................................  All others..............................  Aug. 12, 1997.
F037..................................  Not generated from surface impoundment    June 30, 1993.
                                         cleanouts or closures.
F037..................................  Generated from surface impoundment        June 30, 1994.
                                         cleanouts or closures.
F037..................................  Mixed with radioactive wastes...........  June 30, 1994.
F038..................................  Not generated from surface impoundment    June 30, 1993.
                                         cleanouts or closures.
F038..................................  Generated from surface impoundment        June 30, 1994.
                                         cleanouts or closures.
F038..................................  Mixed with radioactive wastes...........  June 30, 1994.
F039..................................  Wastewater..............................  Aug. 8, 1990.
F039..................................  Nonwastewater...........................  May 8, 1992.
K001 (organics) b.....................  All.....................................  Aug. 8, 1988.
K001..................................  All others..............................  Aug. 8, 1988.
K002..................................  All.....................................  Aug. 8, 1990.
K003..................................  All.....................................  Aug. 8, 1990.
K004..................................  Wastewater..............................  Aug. 8, 1990.
K004..................................  Nonwastewater...........................  Aug. 8, 1988.
K005..................................  Wastewater..............................  Aug. 8, 1990.
K005..................................  Nonwastewater...........................  June 8, 1989.
K006..................................  All.....................................  Aug. 8, 1990.
K007..................................  Wastewater..............................  Aug. 8, 1990.
K007..................................  Nonwastewater...........................  June 8, 1989.
K008..................................  Wastewater..............................  Aug. 8, 1990.
K008..................................  Nonwastewater...........................  Aug. 8, 1988.
K009..................................  All.....................................  June 8, 1989.
K010..................................  All.....................................  June 8, 1989.
K011..................................  Wastewater..............................  Aug. 8, 1990.
K011..................................  Nonwastewater...........................  June 8, 1989.
K013..................................  Wastewater..............................  Aug. 8, 1990.
K013..................................  Nonwastewater...........................  June 8, 1989.
K014..................................  Wastewater..............................  Aug. 8, 1990.
K014..................................  Nonwastewater...........................  June 8, 1989.
K015..................................  Wastewater..............................  Aug. 8, 1988.

[[Page 269]]

 
K015..................................  Nonwastewater...........................  Aug. 8, 1990.
K016..................................  All.....................................  Aug. 8, 1988.
K017..................................  All.....................................  Aug. 8, 1990.
K018..................................  All.....................................  Aug. 8, 1988.
K019..................................  All.....................................  Aug. 8, 1988.
K020..................................  All.....................................  Aug. 8, 1988.
K021..................................  Wastewater..............................  Aug. 8, 1990.
K021..................................  Nonwastewater...........................  Aug. 8, 1988.
K022..................................  Wastewater..............................  Aug. 8, 1990.
K022..................................  Nonwastewater...........................  Aug. 8, 1988.
K023..................................  All.....................................  June 8, 1989.
K024..................................  All.....................................  Aug. 8, 1988.
K025..................................  Wastewater..............................  Aug. 8, 1990.
K025..................................  Nonwastewater...........................  Aug. 8, 1988.
K026..................................  All.....................................  Aug. 8, 1990.
K027..................................  All.....................................  June 8, 1989.
K028 (metals).........................  Nonwastewater...........................  Aug. 8, 1990.
K028..................................  All others..............................  June 8, 1989.
K029..................................  Wastewater..............................  Aug. 8, 1990.
K029..................................  Nonwastewater...........................  June 8, 1989.
K030..................................  All.....................................  Aug. 8, 1988.
K031..................................  Wastewater..............................  Aug. 8, 1990.
K031..................................  Nonwastewater...........................  May 8, 1992.
K032..................................  All.....................................  Aug. 8, 1990.
K033..................................  All.....................................  Aug. 8, 1990.
K034..................................  All.....................................  Aug. 8, 1990.
K035..................................  All.....................................  Aug. 8, 1990.
K036..................................  Wastewater..............................  June 8, 1989.
K036..................................  Nonwastewater...........................  Aug. 8, 1988.
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.
K044..................................  All.....................................  Aug. 8, 1988.
K045..................................  All.....................................  Aug. 8, 1988.
K046 (Nonreactive)....................  Nonwastewater...........................  Aug. 8, 1988.
K046..................................  All others..............................  Aug. 8, 1990.
K047..................................  All.....................................  Aug. 8, 1988.
K048..................................  Wastewater..............................  Aug. 8, 1990.
K048..................................  Nonwastewater...........................  Nov. 8, 1990.
K049..................................  Wastewater..............................  Aug. 8, 1990.
K049..................................  Nonwastewater...........................  Nov. 8, 1990.
K050..................................  Wastewater..............................  Aug. 8, 1990.
K050..................................  Nonwastewater...........................  Nov. 8, 1990.
K051..................................  Wastewater..............................  Aug. 8, 1990.
K051..................................  Nonwastewater...........................  Nov. 8, 1990.
K052..................................  Wastewater..............................  Aug. 8, 1990.
K052..................................  Nonwastewater...........................  Nov. 8, 1990.
K060..................................  Wastewater..............................  Aug. 8, 1990.
K060..................................  Nonwastewater...........................  Aug. 8, 1988.
K061..................................  Wastewater..............................  Aug. 8, 1990.
K061..................................  Nonwastewater...........................  June 30, 1992.
K062..................................  All.....................................  Aug. 8, 1988.
K069 (Non-Calcium Sulfate)............  Nonwastewater...........................  Aug. 8, 1988.
K069..................................  All others..............................  Aug. 8, 1990.
K071..................................  All.....................................  Aug. 8, 1990.
K073..................................  All.....................................  Aug. 8, 1990.
K083..................................  All.....................................  Aug. 8, 1990.
K084..................................  Wastewater..............................  Aug. 8, 1990.
K084..................................  Nonwastewater...........................  May 8, 1992.
K085..................................  All.....................................  Aug. 8, 1990.
K086 (organics) b.....................  All.....................................  Aug. 8, 1988.
K086..................................  All others..............................  Aug. 8, 1988.
K087..................................  All.....................................  Aug. 8, 1988.
K088..................................  All others..............................  Oct. 8, 1997.
K088..................................  All others..............................  Jan. 8, 1997.
K093..................................  All.....................................  June 8, 1989.

[[Page 270]]

 
K094..................................  All.....................................  June 8, 1989.
K095..................................  Wastewater..............................  Aug. 8, 1990.
K095..................................  Nonwastewater...........................  June 8, 1989.
K096..................................  Wastewater..............................  Aug. 8, 1990.
K096..................................  Nonwastewater...........................  June 8, 1989.
K097..................................  All.....................................  Aug. 8, 1990.
K098..................................  All.....................................  Aug. 8, 1990.
K099..................................  All.....................................  Aug. 8, 1988.
K100..................................  Wastewater..............................  Aug. 8, 1990.
K100..................................  Nonwastewater...........................  Aug. 8, 1988.
K101 (organics).......................  Wastewater..............................  Aug. 8, 1988.
K101 (metals).........................  Wastewater..............................  Aug. 8, 1990.
K101 (organics).......................  Nonwastewater...........................  Aug. 8, 1988.
K101 (metals).........................  Nonwastewater...........................  May 8, 1992.
K102 (organics).......................  Wastewater..............................  Aug. 8, 1988.
K102 (metals).........................  Wastewater..............................  Aug. 8, 1990.
K102 (organics).......................  Nonwastewater...........................  Aug. 8, 1988.
K102 (metals).........................  Nonwastewater...........................  May 8, 1992.
K103..................................  All.....................................  Aug. 8, 1988.
K104..................................  All.....................................  Aug. 8, 1988.
K105..................................  All.....................................  Aug. 8, 1990.
K106..................................  Wastewater..............................  Aug. 8, 1990.
K106..................................  Nonwastewater...........................  May 8, 1992.
K107..................................  Mixed with radioactive wastes...........  June 30, 1994.
K107..................................  All others..............................  Nov. 9, 1992.
K108..................................  Mixed with radioactive wastes...........  June 30, 1994.
K108..................................  All others..............................  Nov. 9, 1992.
K109..................................  Mixed with radioactive wastes...........  June 30, 1994.
K109..................................  All others..............................  Nov. 9, 1992.
K110..................................  Mixed with radioactive wastes...........  June 30, 1994.
K110..................................  All others..............................  Nov. 9, 1992.
K111..................................  Mixed with radioactive wastes...........  June 30, 1994.
K111..................................  All others..............................  Nov. 9, 1992.
K112..................................  Mixed with radioactive wastes...........  June 30, 1994.
K112..................................  All others..............................  Nov. 9, 1992.
K113..................................  All.....................................  June 8, 1989.
K114..................................  All.....................................  June 8, 1989.
K115..................................  All.....................................  June 8, 1989.
K116..................................  All.....................................  June 8, 1989.
K117..................................  Mixed with radioactive wastes...........  June 30, 1994.
K117..................................  All others..............................  Nov. 9, 1992.
K118..................................  Mixed with radioactive wastes...........  June 30, 1994.
K118..................................  All others..............................  Nov. 9, 1992.
K123..................................  Mixed with radioactive wastes...........  June 30, 1994.
K123..................................  All others..............................  Nov. 9, 1992.
K124..................................  Mixed with radioactive wastes...........  June 30, 1994.
K124..................................  All others..............................  Nov. 9, 1992.
K125..................................  Mixed with radioactive wastes...........  June 30, 1994.
K125..................................  All others..............................  Nov. 9, 1992.
K126..................................  Mixed with radioactive wastes...........  June 30, 1994.
K126..................................  All others..............................  Nov. 9, 1992.
K131..................................  Mixed with radioactive wastes...........  June 30, 1994.
K131..................................  All others..............................  Nov. 9, 1992.
K132..................................  Mixed with radioactive wastes...........  June 30, 1994.
K132..................................  All others..............................  Nov. 9, 1992.
K136..................................  Mixed with radioactive wastes...........  June 30, 1994.
K136..................................  All others..............................  Nov. 9, 1992.
K141..................................  Mixed with radioactive wastes...........  Sep. 19, 1996.
K141..................................  All others..............................  Dec. 19, 1994.
K142..................................  Mixed with radioactive wastes...........  Sep. 19, 1996..
K142..................................  All others..............................  Dec. 19, 1994.
K143..................................  Mixed with radioactive wastes...........  Sep. 19, 1996.
K143..................................  All others..............................  Dec. 19, 1994.
K144..................................  Mixed with radioactive wastes...........  Sep. 19, 1996.
K144..................................  All others..............................  Dec. 19, 1994.
K145..................................  Mixed with radioactive wastes...........  Sep. 19, 1996.
K145..................................  All others..............................  Dec. 19, 1994.
K147..................................  Mixed with radioactive wastes...........  Sep. 19, 1996.
K147..................................  All others..............................  Dec. 19, 1994.
K148..................................  Mixed with radioactive wastes...........  Sep. 19, 1996.
K148..................................  All others..............................  Dec. 19, 1994.

[[Page 271]]

 
K149..................................  Mixed with radioactive wastes...........  Sep. 19, 1996.
K149..................................  All others..............................  Dec. 19, 1994.
K150..................................  Mixed with radioactive wastes...........  Sep. 19, 1996.
K150..................................  All others..............................  Dec. 19, 1994.
K151..................................  Mixed with radioactive wastes...........  Sep. 19, 1996.
K151..................................  All others..............................  Dec. 19, 1994.
K156..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
K156..................................  All others..............................  July 8, 1996.
K157..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
K157..................................  All others..............................  July 8, 1996.
K158..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
K158..................................  All others..............................  July 8, 1996.
K159..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
K159..................................  All others..............................  July 8, 1996.
K160..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
K160..................................  All others..............................  July 8, 1996.
K161..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
K161..................................  All others..............................  July 8, 1996.
P001..................................  All.....................................  Aug. 8, 1990.
P002..................................  All.....................................  Aug. 8, 1990.
P003..................................  All.....................................  Aug. 8, 1990.
P004..................................  All.....................................  Aug. 8, 1990.
P005..................................  All.....................................  Aug. 8, 1990.
P006..................................  All.....................................  Aug. 8, 1990.
P007..................................  All.....................................  Aug. 8, 1990.
P008..................................  All.....................................  Aug. 8, 1990.
P009..................................  All.....................................  Aug. 8, 1990.
P010..................................  Wastewater..............................  Aug. 8, 1990.
P010..................................  Nonwastewater...........................  May 8, 1992.
P011..................................  Wastewater..............................  Aug. 8, 1990.
P011..................................  Nonwastewater...........................  May 8, 1992.
P012..................................  Wastewater..............................  Aug. 8, 1990.
P012..................................  Nonwastewater...........................  May 8, 1992.
P013 (barium).........................  Nonwastewater...........................  Aug. 8, 1990.
P013..................................  All others..............................  June 8, 1989.
P014..................................  All.....................................  Aug. 8, 1990.
P015..................................  All.....................................  Aug. 8, 1990.
P016..................................  All.....................................  Aug. 8, 1990.
P017..................................  All.....................................  Aug. 8, 1990.
P018..................................  All.....................................  Aug. 8, 1990.
P020..................................  All.....................................  Aug. 8, 1990.
P021..................................  All.....................................  June 8, 1989.
P022..................................  All.....................................  Aug. 8, 1990.
P023..................................  All.....................................  Aug. 8, 1990.
P024..................................  All.....................................  Aug. 8, 1990.
P026..................................  All.....................................  Aug. 8, 1990.
P027..................................  All.....................................  Aug. 8, 1990.
P028..................................  All.....................................  Aug. 8, 1990.
P029..................................  All.....................................  June 8, 1989.
P030..................................  All.....................................  June 8, 1989.
P031..................................  All.....................................  Aug. 8, 1990.
P033..................................  All.....................................  Aug. 8, 1990.
P034..................................  All.....................................  Aug. 8, 1990.
P036..................................  Wastewater..............................  Aug. 8, 1990.
P036..................................  Nonwastewater...........................  May 8, 1992.
P037..................................  All.....................................  Aug. 8, 1990.
P038..................................  Wastewater..............................  Aug. 8, 1990.
P038..................................  Nonwastewater...........................  May 8, 1992.
P039..................................  All.....................................  June 8, 1989.
P040..................................  All.....................................  June 8, 1989.
P041..................................  All.....................................  June 8, 1989.
P042..................................  All.....................................  Aug. 8, 1990.
P043..................................  All.....................................  June 8, 1989.
P044..................................  All.....................................  June 8, 1989.
P045..................................  All.....................................  Aug. 8, 1990.
P046..................................  All.....................................  Aug. 8, 1990.
P047..................................  All.....................................  Aug. 8, 1990.
P048..................................  All.....................................  Aug. 8, 1990.
P049..................................  All.....................................  Aug. 8, 1990.
P050..................................  All.....................................  Aug. 8, 1990.
P051..................................  All.....................................  Aug. 8, 1990.

[[Page 272]]

 
P054..................................  All.....................................  Aug. 8, 1990.
P056..................................  All.....................................  Aug. 8, 1990.
P057..................................  All.....................................  Aug. 8, 1990.
P058..................................  All.....................................  Aug. 8, 1990.
P059..................................  All.....................................  Aug. 8, 1990.
P060..................................  All.....................................  Aug. 8, 1990.
P062..................................  All.....................................  June 8, 1989.
P063..................................  All.....................................  June 8, 1989.
P064..................................  All.....................................  Aug. 8, 1990.
P065..................................  Wastewater..............................  Aug. 8, 1990.
P065..................................  Nonwastewater...........................  May 8, 1992.
P066..................................  All.....................................  Aug. 8, 1990.
P067..................................  All.....................................  Aug. 8, 1990.
P068..................................  All.....................................  Aug. 8, 1990.
P069..................................  All.....................................  Aug. 8, 1990.
P070..................................  All.....................................  Aug. 8, 1990.
P071..................................  All.....................................  June 8, 1989.
P072..................................  All.....................................  Aug. 8, 1990.
P073..................................  All.....................................  Aug. 8, 1990.
P074..................................  All.....................................  June 8, 1989.
P075..................................  All.....................................  Aug. 8, 1990.
P076..................................  All.....................................  Aug. 8, 1990.
P077..................................  All.....................................  Aug. 8, 1990.
P078..................................  All.....................................  Aug. 8, 1990.
P081..................................  All.....................................  Aug. 8, 1990.
P082..................................  All.....................................  Aug. 8, 1990.
P084..................................  All.....................................  Aug. 8, 1990.
P085..................................  All.....................................  June 8, 1989.
P087..................................  All.....................................  May 8, 1992.
P088..................................  All.....................................  Aug. 8, 1990.
P089..................................  All.....................................  June 8, 1989.
P092..................................  Wastewater..............................  Aug. 8, 1990.
P092..................................  Nonwastewater...........................  May 8, 1992.
P093..................................  All.....................................  Aug. 8, 1990.
P094..................................  All.....................................  June 8, 1989.
P095..................................  All.....................................  Aug. 8, 1990.
P096..................................  All.....................................  Aug. 8, 1990.
P097..................................  All.....................................  June 8, 1989.
P098..................................  All.....................................  June 8, 1989.
P099 (silver).........................  Wastewater..............................  Aug. 8, 1990.
P099..................................  All others..............................  June 8, 1989.
P101..................................  All.....................................  Aug. 8, 1990.
P102..................................  All.....................................  Aug. 8, 1990.
P103..................................  All.....................................  Aug. 8, 1990.
P104 (silver).........................  Wastewater..............................  Aug. 8, 1990.
P104..................................  All others..............................  June 8, 1989.
P105..................................  All.....................................  Aug. 8, 1990.
P106..................................  All.....................................  June 8, 1989.
P108..................................  All.....................................  Aug. 8, 1990.
P109..................................  All.....................................  June 8, 1989.
P110..................................  All.....................................  Aug. 8, 1990.
P111..................................  All.....................................  June 8, 1989.
P112..................................  All.....................................  Aug. 8, 1990.
P113..................................  All.....................................  Aug. 8, 1990.
P114..................................  All.....................................  Aug. 8, 1990.
P115..................................  All.....................................  Aug. 8, 1990.
P116..................................  All.....................................  Aug. 8, 1990.
P118..................................  All.....................................  Aug. 8, 1990.
P119..................................  All.....................................  Aug. 8, 1990.
P120..................................  All.....................................  Aug. 8, 1990.
P121..................................  All.....................................  June 8, 1989.
P122..................................  All.....................................  Aug. 8, 1990.
P123..................................  All.....................................  Aug. 8, 1990.
P127..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P127..................................  All others..............................  July 8, 1996.
P128..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P128..................................  All others..............................  July 8, 1996.
P185..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P185..................................  All others..............................  July 8, 1996.
P188..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P188..................................  All others..............................  July 8, 1996.

[[Page 273]]

 
P189..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P189..................................  All others..............................  July 8, 1996.
P190..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P190..................................  All others..............................  July 8, 1996.
P191..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P191..................................  All others..............................  July 8, 1996.
P192..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P192..................................  All others..............................  July 8, 1996.
P194..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P194..................................  All others..............................  July 8, 1996.
P196..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P196..................................  All others..............................  July 8, 1996.
P197..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P197..................................  All others..............................  July 8, 1996.
P198..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P198..................................  All others..............................  July 8, 1996.
P199..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P199..................................  All others..............................  July 8, 1996.
P201..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P201..................................  All others..............................  July 8, 1996.
P202..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P202..................................  All others..............................  July 8, 1996.
P203..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P203..................................  All others..............................  July 8, 1996.
P204..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P204..................................  All others..............................  July 8, 1996.
P205..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P205..................................  All others..............................  July 8, 1996.
U001..................................  All.....................................  Aug. 8, 1990.
U002..................................  All.....................................  Aug. 8, 1990.
U003..................................  All.....................................  Aug. 8, 1990.
U004..................................  All.....................................  Aug. 8, 1990.
U005..................................  All.....................................  Aug. 8, 1990.
U006..................................  All.....................................  Aug. 8, 1990.
U007..................................  All.....................................  Aug. 8, 1990.
U008..................................  All.....................................  Aug. 8, 1990.
U009..................................  All.....................................  Aug. 8, 1990.
U010..................................  All.....................................  Aug. 8, 1990.
U011..................................  All.....................................  Aug. 8, 1990.
U012..................................  All.....................................  Aug. 8, 1990.
U014..................................  All.....................................  Aug. 8, 1990.
U015..................................  All.....................................  Aug. 8, 1990.
U016..................................  All.....................................  Aug. 8, 1990.
U017..................................  All.....................................  Aug. 8, 1990.
U018..................................  All.....................................  Aug. 8, 1990.
U019..................................  All.....................................  Aug. 8, 1990.
U020..................................  All.....................................  Aug. 8, 1990.
U021..................................  All.....................................  Aug. 8, 1990.
U022..................................  All.....................................  Aug. 8, 1990.
U023..................................  All.....................................  Aug. 8, 1990.
U024..................................  All.....................................  Aug. 8, 1990.
U025..................................  All.....................................  Aug. 8, 1990.
U026..................................  All.....................................  Aug. 8, 1990.
U027..................................  All.....................................  Aug. 8, 1990.
U028..................................  All.....................................  June 8, 1989.
U029..................................  All.....................................  Aug. 8, 1990.
U030..................................  All.....................................  Aug. 8, 1990.
U031..................................  All.....................................  Aug. 8, 1990.
U032..................................  All.....................................  Aug. 8, 1990.
U033..................................  All.....................................  Aug. 8, 1990.
U034..................................  All.....................................  Aug. 8, 1990.
U035..................................  All.....................................  Aug. 8, 1990.
U036..................................  All.....................................  Aug. 8, 1990.
U037..................................  All.....................................  Aug. 8, 1990.
U038..................................  All.....................................  Aug. 8, 1990.
U039..................................  All.....................................  Aug. 8, 1990.
U041..................................  All.....................................  Aug. 8, 1990.
U042..................................  All.....................................  Aug. 8, 1990.
U043..................................  All.....................................  Aug. 8, 1990.
U044..................................  All.....................................  Aug. 8, 1990.
U045..................................  All.....................................  Aug. 8, 1990.

[[Page 274]]

 
U046..................................  All.....................................  Aug. 8, 1990.
U047..................................  All.....................................  Aug. 8, 1990.
U049..................................  All.....................................  Aug. 8, 1990.
U050..................................  All.....................................  Aug. 8, 1990.
U051..................................  All.....................................  Aug. 8, 1990.
U052..................................  All.....................................  Aug. 8, 1990.
U053..................................  All.....................................  Aug. 8, 1990.
U055..................................  All.....................................  Aug. 8, 1990.
U056..................................  All.....................................  Aug. 8, 1990.
U057..................................  All.....................................  Aug. 8, 1990.
U058..................................  All.....................................  June 8, 1989.
U059..................................  All.....................................  Aug. 8, 1990.
U060..................................  All.....................................  Aug. 8, 1990.
U061..................................  All.....................................  Aug. 8, 1990.
U062..................................  All.....................................  Aug. 8, 1990.
U063..................................  All.....................................  Aug. 8, 1990.
U064..................................  All.....................................  Aug. 8, 1990.
U066..................................  All.....................................  Aug. 8, 1990.
U067..................................  All.....................................  Aug. 8, 1990.
U068..................................  All.....................................  Aug. 8, 1990.
U069..................................  All.....................................  June 30, 1992.
U070..................................  All.....................................  Aug. 8, 1990.
U071..................................  All.....................................  Aug. 8, 1990.
U072..................................  All.....................................  Aug. 8, 1990.
U073..................................  All.....................................  Aug. 8, 1990.
U074..................................  All.....................................  Aug. 8, 1990.
U075..................................  All.....................................  Aug. 8, 1990.
U076..................................  All.....................................  Aug. 8, 1990.
U077..................................  All.....................................  Aug. 8, 1990.
U078..................................  All.....................................  Aug. 8, 1990.
U079..................................  All.....................................  Aug. 8, 1990.
U080..................................  All.....................................  Aug. 8, 1990.
U081..................................  All.....................................  Aug. 8, 1990.
U082..................................  All.....................................  Aug. 8, 1990.
U083..................................  All.....................................  Aug. 8, 1990.
U084..................................  All.....................................  Aug. 8, 1990.
U085..................................  All.....................................  Aug. 8, 1990.
U086..................................  All.....................................  Aug. 8, 1990.
U087..................................  All.....................................  June 8, 1989.
U088..................................  All.....................................  June 8, 1989.
U089..................................  All.....................................  Aug. 8, 1990.
U090..................................  All.....................................  Aug. 8, 1990.
U091..................................  All.....................................  Aug. 8, 1990.
U092..................................  All.....................................  Aug. 8, 1990.
U093..................................  All.....................................  Aug. 8, 1990.
U094..................................  All.....................................  Aug. 8, 1990.
U095..................................  All.....................................  Aug. 8, 1990.
U096..................................  All.....................................  Aug. 8, 1990.
U097..................................  All.....................................  Aug. 8, 1990.
U098..................................  All.....................................  Aug. 8, 1990.
U099..................................  All.....................................  Aug. 8, 1990.
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.
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.

[[Page 275]]

 
U122..................................  All.....................................  Aug. 8, 1990.
U123..................................  All.....................................  Aug. 8, 1990.
U124..................................  All.....................................  Aug. 8, 1990.
U125..................................  All.....................................  Aug. 8, 1990.
U126..................................  All.....................................  Aug. 8, 1990.
U127..................................  All.....................................  Aug. 8, 1990.
U128..................................  All.....................................  Aug. 8, 1990.
U129..................................  All.....................................  Aug. 8, 1990.
U130..................................  All.....................................  Aug. 8, 1990.
U131..................................  All.....................................  Aug. 8, 1990.
U132..................................  All.....................................  Aug. 8, 1990.
U133..................................  All.....................................  Aug. 8, 1990.
U134..................................  All.....................................  Aug. 8, 1990.
U135..................................  All.....................................  Aug. 8, 1990.
U136..................................  Wastewater..............................  Aug. 8, 1990.
U136..................................  Nonwastewater...........................  May 8, 1992.
U137..................................  All.....................................  Aug. 8, 1990.
U138..................................  All.....................................  Aug. 8, 1990.
U140..................................  All.....................................  Aug. 8, 1990.
U141..................................  All.....................................  Aug. 8, 1990.
U142..................................  All.....................................  Aug. 8, 1990.
U143..................................  All.....................................  Aug. 8, 1990.
U144..................................  All.....................................  Aug. 8, 1990.
U145..................................  All.....................................  Aug. 8, 1990.
U146..................................  All.....................................  Aug. 8, 1990.
U147..................................  All.....................................  Aug. 8, 1990.
U148..................................  All.....................................  Aug. 8, 1990.
U149..................................  All.....................................  Aug. 8, 1990.
U150..................................  All.....................................  Aug. 8, 1990.
U151..................................  Wastewater..............................  Aug. 8, 1990.
U151..................................  Nonwastewater...........................  May 8, 1992.
U152..................................  All.....................................  Aug. 8, 1990.
U153..................................  All.....................................  Aug. 8, 1990.
U154..................................  All.....................................  Aug. 8, 1990.
U155..................................  All.....................................  Aug. 8, 1990.
U156..................................  All.....................................  Aug. 8, 1990.
U157..................................  All.....................................  Aug. 8, 1990.
U158..................................  All.....................................  Aug. 8, 1990.
U159..................................  All.....................................  Aug. 8, 1990.
U160..................................  All.....................................  Aug. 8, 1990.
U161..................................  All.....................................  Aug. 8, 1990.
U162..................................  All.....................................  Aug. 8, 1990.
U163..................................  All.....................................  Aug. 8, 1990.
U164..................................  All.....................................  Aug. 8, 1990.
U165..................................  All.....................................  Aug. 8, 1990.
U166..................................  All.....................................  Aug. 8, 1990.
U167..................................  All.....................................  Aug. 8, 1990.
U168..................................  All.....................................  Aug. 8, 1990.
U169..................................  All.....................................  Aug. 8, 1990.
U170..................................  All.....................................  Aug. 8, 1990.
U171..................................  All.....................................  Aug. 8, 1990.
U172..................................  All.....................................  Aug. 8, 1990.
U173..................................  All.....................................  Aug. 8, 1990.
U174..................................  All.....................................  Aug. 8, 1990.
U176..................................  All.....................................  Aug. 8, 1990.
U177..................................  All.....................................  Aug. 8, 1990.
U178..................................  All.....................................  Aug. 8, 1990.
U179..................................  All.....................................  Aug. 8, 1990.
U180..................................  All.....................................  Aug. 8, 1990.
U181..................................  All.....................................  Aug. 8, 1990.
U182..................................  All.....................................  Aug. 8, 1990.
U183..................................  All.....................................  Aug. 8, 1990.
U184..................................  All.....................................  Aug. 8, 1990.
U185..................................  All.....................................  Aug. 8, 1990.
U186..................................  All.....................................  Aug. 8, 1990.
U187..................................  All.....................................  Aug. 8, 1990.
U188..................................  All.....................................  Aug. 8, 1990.
U189..................................  All.....................................  Aug. 8, 1990.
U190..................................  All.....................................  June 8, 1989.
U191..................................  All.....................................  Aug. 8, 1990.
U192..................................  All.....................................  Aug. 8, 1990.

[[Page 276]]

 
U193..................................  All.....................................  Aug. 8, 1990.
U194..................................  All.....................................  June 8, 1989.
U196..................................  All.....................................  Aug. 8, 1990.
U197..................................  All.....................................  Aug. 8, 1990.
U200..................................  All.....................................  Aug. 8, 1990.
U201..................................  All.....................................  Aug. 8, 1990.
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.
U271..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U271..................................  All others..............................  July 8, 1996.
U277..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U277..................................  All others..............................  July 8, 1996.
U278..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U278..................................  All others..............................  July 8, 1996.
U279..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U279..................................  All others..............................  July 8, 1996.
U280..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U280..................................  All others..............................  July 8, 1996.
U328..................................  Mixed with radioactive wastes...........  June 30, 1994.
U328..................................  All others..............................  Nov. 9, 1992.
U353..................................  Mixed with radioactive wastes...........  June 30, 1994.
U353..................................  All others..............................  Nov. 9, 1992.
U359..................................  Mixed with radioactive wastes...........  June 30, 1994.
U359..................................  All others..............................  Nov. 9, 1992.
U364..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U364..................................  All others..............................  July 8, 1996.
U365..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U365..................................  All others..............................  July 8, 1996.
U366..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U366..................................  All others..............................  July 8, 1996.
U367..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U367..................................  All others..............................  July 8, 1996.
U372..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U372..................................  All others..............................  July 8, 1996.
U373..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.

[[Page 277]]

 
U373..................................  All others..............................  July 8, 1996.
U375..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U375..................................  All others..............................  July 8, 1996.
U376..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U376..................................  All others..............................  July 8, 1996.
U377..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U377..................................  All others..............................  July 8, 1996.
U378..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U378..................................  All others..............................  July 8, 1996.
U379..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U379..................................  All others..............................  July 8, 1996.
U381..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U381..................................  All others..............................  July 8, 1996.
U382..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U382..................................  All others..............................  July 8, 1996.
U383..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U383..................................  All others..............................  July 8, 1996.
U384..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U384..................................  All others..............................  July 8, 1996.
U385..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U385..................................  All others..............................  July 8, 1996.
U386..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U386..................................  All others..............................  July 8, 1996.
U387..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U387..................................  All others..............................  July 8, 1996.
U389..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U389..................................  All others..............................  July 8, 1996.
U390..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U390..................................  All others..............................  July 8, 1996.
U391..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U391..................................  All others..............................  July 8, 1996.
U392..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U392..................................  All others..............................  July 8, 1996.
U393..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U393..................................  All others..............................  July 8, 1996.
U394..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U394..................................  All others..............................  July 8, 1996.
U395..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U395..................................  All others..............................  July 8, 1996.
U396..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U396..................................  All others..............................  July 8, 1996.
U400..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U400..................................  All others..............................  July 8, 1996.
U401..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U401..................................  All others..............................  July 8, 1996.
U402..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U402..................................  All others..............................  July 8, 1996.
U403..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U403..................................  All others..............................  July 8, 1996.
U404..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U404..................................  All others..............................  July 8, 1996.
U407..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U407..................................  All others..............................  July 8, 1996.
U409..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U409..................................  All others..............................  July 8, 1996.
U410..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U410..................................  All others..............................  July 8, 1996.
U411..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U411..................................  All others..............................  July 8, 1996.
----------------------------------------------------------------------------------------------------------------
a This table does not include mixed radioactive wastes (from the First, Second, and Third Third rules) which
  received national capacity variance until May 8, 1992. This table also does not include contaminated soil and
  debris wastes.
b The standard was revised in the Third Third Final Rule (55 FR 22520, June 1, 1990).
c The standard was revised in the Third Third Emergency Rule (58 FR 29860, May 24, 1993); the original effective
  date was August 8, 1990.
d The standard was revised in the Phase II Final Rule (59 FR 47982, Sept. 19, 1994); the original effective date
  was August 8, 1990.
e The standards for selected reactive wastes was revised in the Phase III Final Rule (61 FR 15566, Apr. 8,
  1996); the original effective date was August 8, 1990.


[[Page 278]]


  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   Nov. 8, 1990.
 and F026-F028) containing soil and debris
 from CERCLA response or RCRA corrective
 actions.
2. Soil and debris not from CERCLA response    Nov. 8, 1988.
 or RCRA corrective actions contaminated with
 less than 1% total solvents (F001-F005) or
 dioxins (F020-F023 and F026-F028).
3 All soil and debris contaminated with First  Aug. 8, 1990.
 Third wastes for which treatment standards
 are based on incineration.
4. All soil and debris contaminated with       June 8, 1991.
 Second Third wastes for which treatment
 standards are based on incineration.
5. All soil and debris contaminated with       May 8, 1992.
 Third Third wastes or, First or Second Third
 ``soft hammer'' wastes which had treatment
 standards promulgated in the Third Third
 rule, for which treatment standards are
 based on incineration, vitrification, or
 mercury retorting, acid leaching followed by
 chemical precipitation, or thermal recovery
 of metals; as well as all inorganic solids
 debris contaminated with D004-D011 wastes,
 and all soil and debris contaminated with
 mixed RCRA/radioactive wastes.
6. Soil and debris contaminated with D012-     Dec. 19, 1994.
 D043, K141-K145, and K147-151 wastes.
7. Debris (only) contaminated with F037,       Dec. 19, 1994
 F038, K107-K112, K117, K118, K123-K126,
 K131, K132, K136, U328, U353, U359.
8. Soil and debris contaminated with K156-     July 8, 1996.
 K161, P127, P128, P188-P192, P194, P196-
 P199, P201-P205, U271, U277-U280, U364-U367,
 U372, U373, U375-U379, U381-U387, U389-U396,
 U400-U404, U407, and U409-U411 wastes.
9. Soil and debris contaminated with K088      Oct. 8, 1997.
 wastes.
10. Soil and debris contaminated with          April 8, 1998.
 radioactive wastes mixed with K088, K156-
 K161, P127, P128, P188-P192, P194, P196-
 P199, P201-P205, U271, U277-U280, U364-U367,
 U372, U373, U375-U379, U381-U387, U389-U396,
 U400-U404, U407, and U409-U411 wastes.
11. Soil and debris contaminated with F032,    May 12, 1997.
 F034, and F035.
12. Soil and debris contaminated with newly    Aug. 24, 1998.
 identified D004-D011 toxicity characteristic
 wastes and mineral processing wastes..
13. Soil and debris contaminated with mixed    May 26, 2000.
 radioactive newly identified D004-D011
 characteristic wastes and mineral processing
 wastes..
------------------------------------------------------------------------
Note: Appendix VII is provided for the convenience of the reader.

[62 FR 26025, May 12, 1997, as amended at 63 FR 28751, May 26, 1998; 65 
FR 36367, June 8, 2000]
       Appendix VIII to Part 268--LDR Effective Dates of Injected 
                      Prohibited Hazardous Wastes

                                National Capacity LDR Variances for UIC Wastes a
----------------------------------------------------------------------------------------------------------------
              Waste code                             Waste category                       Effective date
----------------------------------------------------------------------------------------------------------------
F001-F005.............................  All spent F001-F005 solvent containing    Aug. 8, 1990.
                                         less than 1 percent total F001-F005
                                         solvent constituents.
D001 (except High TOC Ignitable         All.....................................  Feb. 10, 1994.
 Liquids Subcategory)c.
D001 (High TOC Ignitable                Nonwastewater...........................  Sept. 19, 1995.
 Characteristic Liquids Subcategory).
D002b.................................  All.....................................  May 8, 1992.
D002c.................................  All.....................................  Feb. 10, 1994.
D003 (cyanides).......................  All.....................................  May 8, 1992.
D003 (sulfides).......................  All.....................................  May 8, 1992.
D003 (explosives, reactives)..........  All.....................................  May 8, 1992.
D007..................................  All.....................................  May 8, 1992.
D009..................................  Nonwastewater...........................  May 8, 1992.
D012..................................  All.....................................  Sept. 19, 1995.
D013..................................  All.....................................  Sept. 19, 1995.
D014..................................  All.....................................  Sept. 19, 1995.
D015..................................  All.....................................  Sept. 19, 1995.
D016..................................  All.....................................  Sept. 19, 1995.
D017..................................  All.....................................  Sept. 19, 1995.
D018..................................  All, including mixed with radioactive     Apr. 8, 1998.
                                         wastes.
D019..................................  All, including mixed with radioactive     Apr. 8, 1998.
                                         wastes.
D020..................................  All, including mixed with radioactive     Apr. 8, 1998.
                                         wastes.
D021..................................  All, including mixed with radioactive     Apr. 8, 1998.
                                         wastes.
D022..................................  All, including mixed with radioactive     Apr. 8, 1998.
                                         wastes.
D023..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D024..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D025..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D026..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D027..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.

[[Page 279]]

 
D028..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D029..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D030..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D031..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D032..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D033..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D034..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D035..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D036..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D037..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D038..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D039..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D040..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D041..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D042..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D043..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
F007..................................  All.....................................  June 8, 1991.
F032..................................  All, including mixed radioactive wastes.  May 12, 1999.
F034..................................  All, including mixed radioactive wastes.  May 12,1999.
F035..................................  All, including mixed radioactive wastes.  May 12, 1999.
F037..................................  All.....................................  Nov. 8, 1992.
F038..................................  All.....................................  Nov. 8, 1992.
F039..................................  Wastewater..............................  May 8, 1992.
K009..................................  Wastewater..............................  June 8, 1991.
K011..................................  Nonwastewater...........................  June 8, 1991.
K011..................................  Wastewater..............................  May 8, 1992.
K011..................................  Nonwastewater...........................  June 8, 1991.
K011..................................  Wastewater..............................  May 8, 1992.
K013..................................  Nonwastewater...........................  June 8, 1991.
K013..................................  Wastewater..............................  May 8, 1992.
K014..................................  All.....................................  May 8, 1992.
K016 (dilute).........................  All.....................................  June 8, 1991.
K049..................................  All.....................................  Aug. 8, 1990.
K050..................................  All.....................................  Aug. 8, 1990.
K051..................................  All.....................................  Aug. 8, 1990.
K052..................................  All.....................................  Aug. 8, 1990.
K062..................................  All.....................................  Aug. 8, 1990.
K071..................................  All.....................................  Aug. 8, 1990.
K088..................................  All.....................................  Jan. 8, 1997.
K104..................................  All.....................................  Aug. 8, 1990.
K107..................................  All.....................................  Nov. 8, 1992.
K108..................................  All.....................................  Nov. 9, 1992.
K109..................................  All.....................................  Nov. 9, 1992.
K110..................................  All.....................................  Nov. 9, 1992.
K111..................................  All.....................................  Nov. 9, 1992.
K112..................................  All.....................................  Nov. 9, 1992.
K117..................................  All.....................................  June 30, 1995.
K118..................................  All.....................................  June 30, 1995.
K123..................................  All.....................................  Nov. 9, 1992.
K124..................................  All.....................................  Nov. 9, 1992.
K125..................................  All.....................................  Nov. 9, 1992.
K126..................................  All.....................................  Nov. 9, 1992.
K131..................................  All.....................................  June 30, 1995.
K132..................................  All.....................................  June 30, 1995.
K136..................................  All.....................................  Nov. 9, 1992.
K141..................................  All.....................................  Dec. 19, 1994.
K142..................................  All.....................................  Dec. 19, 1994.
K143..................................  All.....................................  Dec. 19, 1994.
K144..................................  All.....................................  Dec. 19, 1994.
K145..................................  All.....................................  Dec. 19, 1994.
K147..................................  All.....................................  Dec. 19, 1994.
K148..................................  All.....................................  Dec. 19, 1994.
K149..................................  All.....................................  Dec. 19, 1994.
K150..................................  All.....................................  Dec. 19, 1994.
K151..................................  All.....................................  Dec. 19, 1994.
K156..................................  All.....................................  July 8, 1996.
K157..................................  All.....................................  July 8, 1996.
K158..................................  All.....................................  July 8, 1996.
K159..................................  All.....................................  July 8, 1996.
K160..................................  All.....................................  July 8, 1996.
K161..................................  All.....................................  July 8, 1996.

[[Page 280]]

 
NA....................................  Newly identified mineral processing       May 26, 2000.
                                         wastes from titanium dioxide production
                                         and mixed radioactive/newly identified
                                         D004-D011 characteristic wastes and
                                         mineral processing wastes..
P127..................................  All.....................................  July 8, 1996.
P128..................................  All.....................................  July 8, 1996.
P185..................................  All.....................................  July 8, 1996.
P188..................................  All.....................................  July 8, 1996.
P189..................................  All.....................................  July 8, 1996.
P190..................................  All.....................................  July 8, 1996.
P191..................................  All.....................................  July 8, 1996.
P192..................................  All.....................................  July 8, 1996.
P194..................................  All.....................................  July 8, 1996.
P196..................................  All.....................................  July 8, 1996.
P197..................................  All.....................................  July 8, 1996.
P198..................................  All.....................................  July 8, 1996.
P199..................................  All.....................................  July 8, 1996.
P201..................................  All.....................................  July 8, 1996.
P202..................................  All.....................................  July 8, 1996.
P203..................................  All.....................................  July 8, 1996.
P204..................................  All.....................................  July 8, 1996.
P205..................................  All.....................................  July 8, 1996.
U271..................................  All.....................................  July 8, 1996.
U277..................................  All.....................................  July 8, 1996.
U278..................................  All.....................................  July 8, 1996.
U279..................................  All.....................................  July 8, 1996.
U280..................................  All.....................................  July 8, 1996.
U328..................................  All.....................................  Nov. 9, 1992.
U353..................................  All.....................................  Nov. 9, 1992.
U359..................................  All.....................................  Nov. 9, 1992.
U364..................................  All.....................................  July 8, 1996.
U365..................................  All.....................................  July 8, 1996.
U366..................................  All.....................................  July 8, 1996.
U367..................................  All.....................................  July 8, 1996.
U372..................................  All.....................................  July 8, 1996.
U373..................................  All.....................................  July 8, 1996.
U375..................................  All.....................................  July 8, 1996.
U376..................................  All.....................................  July 8, 1996.
U377..................................  All.....................................  July 8, 1996.
U378..................................  All.....................................  July 8, 1996.
U379..................................  All.....................................  July 8, 1996.
U381..................................  All.....................................  July 8, 1996.
U382..................................  All.....................................  July 8, 1996.
U383..................................  All.....................................  July 8, 1996.
U384..................................  All.....................................  July 8, 1996.
U385..................................  All.....................................  July 8, 1996.
U386..................................  All.....................................  July 8, 1996.
U387..................................  All.....................................  July 8, 1996.
U389..................................  All.....................................  July 8, 1996.
U390..................................  All.....................................  July 8, 1996.
U391..................................  All.....................................  July 8, 1996.
U392..................................  All.....................................  July 8, 1996.
U395..................................  All.....................................  July 8, 1996.
U396..................................  All.....................................  July 8, 1996.
U400..................................  All.....................................  July 8, 1996.
U401..................................  All.....................................  July 8, 1996.
U402..................................  All.....................................  July 8, 1996.
U403..................................  All.....................................  July 8, 1996.
U404..................................  All.....................................  July 8, 1996.
U407..................................  All.....................................  July 8, 1996.
U409..................................  All.....................................  July 8, 1996.
U410..................................  All.....................................  July 8, 1996.
U411..................................  All.....................................  July 8, 1996.
----------------------------------------------------------------------------------------------------------------
a  Wastes that are deep well disposed on-site receive a six-month variance, with restrictions effective in
  November 1990.
b  Deepwell injected D002 liquids with a pH less than 2 must meet the California List treatment standards on
  August 8, 1990.
c  Managed in systems defined in 40 CFR 144.6(e) and 14.6(e) as Class V injection wells, that do not engage in
  CWA-equivalent treatment before injection.
Note: This table is provided for the convenience of the reader.

[62 FR 26037, May 12, 1997, as amended at 63 FR 28752, May 26, 1998]

[[Page 281]]

      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]

                    Appendix X to Part 268 [Reserved]

 Appendix XI to Part 268--Metal Bearing Wastes Prohibited From Dilution
          in a Combustion Unit According to 40 CFR 268.3(c) \1\
------------------------------------------------------------------------
          Waste code                       Waste description
------------------------------------------------------------------------
D004.........................  Toxicity Characteristic for Arsenic.
D005.........................  Toxicity Characteristic for Barium.
D006.........................  Toxicity Characteristic for Cadmium.
D007.........................  Toxicity Characteristic for Chromium.
D008.........................  Toxicity Characteristic for Lead.
D009.........................  Toxicity Characteristic for Mercury.
D010.........................  Toxicity Characteristic for Selenium.
D011.........................  Toxicity Characteristic for Silver.
F006.........................  Wastewater treatment sludges from
                                electroplating operations except from
                                the following processes: (1) sulfuric
                                acid anodizing of aluminum; (2) tin
                                plating carbon steel; (3) zinc plating
                                (segregated basis) on carbon steel; (4)
                                aluminum or zinc-plating on carbon
                                steel; (5) cleaning/stripping associated
                                with tin, zinc and aluminum plating on
                                carbon steel; and (6) chemical etching
                                and milling of aluminum.
F007.........................  Spent cyanide plating bath solutions from
                                electroplating operations.
F008.........................  Plating bath residues from the bottom of
                                plating baths from electroplating
                                operations where cyanides are used in
                                the process.
F009.........................  Spent stripping and cleaning bath
                                solutions from electroplating operations
                                where cyanides are used in the process.
F010.........................  Quenching bath residues from oil baths
                                from metal treating operations where
                                cyanides are used in the process.
F011.........................  Spent cyanide solutions from salt bath
                                pot cleaning from metal heat treating
                                operations.
F012.........................  Quenching waste water treatment sludges
                                from metal heat treating operations
                                where cyanides are used in the process.
F019.........................  Wastewater treatment sludges from the
                                chemical conversion coating of aluminum
                                except from zirconium phosphating in
                                aluminum car washing when such
                                phosphating is an exclusive conversion
                                coating process.
K002.........................  Wastewater treatment sludge from the
                                production of chrome yellow and orange
                                pigments.
K003.........................  Wastewater treatment sludge from the
                                production of molybdate orange pigments.
K004.........................  Wastewater treatment sludge from the
                                production of zinc yellow pigments.
K005.........................  Wastewater treatment sludge from the
                                production of chrome green pigments.
K006.........................  Wastewater treatment sludge from the
                                production of chrome oxide green
                                pigments (anhydrous and hydrated).
K007.........................  Wastewater treatment sludge from the
                                production of iron blue pigments.
K008.........................  Oven residue from the production of
                                chrome oxide green pigments.
K061.........................  Emission control dust/sludge from the
                                primary production of steel in electric
                                furnaces.
K069.........................  Emission control dust/sludge from
                                secondary lead smelting.
K071.........................  Brine purification muds from the mercury
                                cell processes in chlorine production,
                                where separately prepurified brine is
                                not used.
K100.........................  Waste leaching solution from acid
                                leaching of emission control dust/sludge
                                from secondary lead smelting.
K106.........................  Sludges from the mercury cell processes
                                for making chlorine.
P010.........................  Arsenic acid H3 AsO4
P011.........................  Arsenic oxide As2 O5
P012.........................  Arsenic trioxide
P013.........................  Barium cyanide
P015.........................  Beryllium
P029.........................  Copper cyanide Cu(CN)
P074.........................  Nickel cyanide Ni(CN)2
P087.........................  Osmium tetroxide
P099.........................  Potassium silver cyanide
P104.........................  Silver cyanide
P113.........................  Thallic oxide
P114.........................  Thallium (l) selenite
P115.........................  Thallium (l) sulfate
P119.........................  Ammonium vanadate
P120.........................  Vanadium oxide V2 O5
P121.........................  Zinc cyanide.
U032.........................  Calcium chromate.

[[Page 282]]

 
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.
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  Part B information requirements for post-closure permits.
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.
270.68  Remedial Action Plans (RAPs).

                        Subpart G--Interim Status

270.70  Qualifying for interim status.
270.71  Operation during interim status.

[[Page 283]]

270.72  Changes during interim status.
270.73  Termination of interim status.



                 Subpart H--Remedial Action Plans (RAPs)

270.79  Why is this subpart written in a special format?

                           General Information

270.80  What is a RAP?
270.85  When do I need a RAP?
270.90  Does my RAP grant me any rights or relieve me of any 
          obligations?

                           Applying for a RAP

270.95  How do I apply for a RAP?
270.100  Who must obtain a RAP?
270.105  Who must sign the application and any required reports for a 
          RAP?
270.110  What must I include in my application for a RAP?
270.115  What if I want to keep this information confidential?
270.120  To whom must I submit my RAP application?
270.125  If I submit my RAP application as part of another document, 
          what must I do?

                         Getting a RAP Approved

270.130  What is the process for approving or denying my application for 
          a RAP?
270.135  What must the Director include in a draft RAP?
270.140  What else must the Director prepare in addition to the draft 
          RAP or notice of intent to deny?
0270.145  What are the procedures for public comment on the draft RAP or 
          notice of intent to deny?
270.150  How will the Director make a final decision on my RAP 
          application?
270.155  May the decision to approve or deny my RAP application be 
          administratively appealed?
270.160  When does my RAP become effective?
270.165  When may I begin physical construction of new units permitted 
          under the RAP?

    How May My RAP Be Modified, Revoked and Reissued, or Terminated?

270.170  After my RAP is issued, how may it be modified, revoked and 
          reissued, or terminated?
270.175  For what reasons may the Director choose to modify my final 
          RAP?
270.180  For what reasons may the Director choose to revoke and reissue 
          my final RAP?
270.185  For what reasons may the Director choose to terminate my final 
          RAP, or deny my renewal application?
270.190  May the decision to approve or deny a modification, revocation 
          and reissuance, or termination of my RAP be administratively 
          appealed?
270.195  When will my RAP expire?
270.200  How may I renew my RAP if it is expiring?
270.205  What happens if I have applied correctly for a RAP renewal but 
          have not received approval by the time my old RAP expires?

                        Operating Under Your RAP

270.210  What records must I maintain concerning my RAP?
270.215  How are time periods in the requirements in this subpart and my 
          RAP computed?
270.220  How may I transfer my RAP to a new owner or operator?
270.225  What must the State or EPA Region report about noncompliance 
          with RAPs?

                Obtaining a RAP for an Off-Site Location

270.230  May I perform remediation waste management activities under a 
          RAP at a location removed from the area where the remediation 
          wastes originated?

    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

[[Page 284]]

chart indicates where the regulations implementing RCRA appear in the 
Code of Federal Regulations.

 
------------------------------------------------------------------------
                                                                 Final
       Section of RCRA                    Coverage            regulation
------------------------------------------------------------------------
SubtitleC....................  Overview and definitions.....  40 CFR
                                                              part 260
3001.........................  Indentification and listing    40 CFR
                                of hazardous waste.           part 261
3002.........................  Generators of hazardous waste  40 CFR
                                                              part 262
3003.........................  Transporters of hazardous      40 CFR
                                waste.                        part 263
3004.........................  Standards for HWM facilities.  40 CFR
                                                              parts 264,
                                                              265, 266,
                                                              and 267
3005.........................  Permit requirements for HWM    40 CFR
                                facilities.                   parts 270
                                                              and 124
3006.........................  Guidelines for State programs  40 CFR
                                                              part 271
3010.........................  Preliminary notification of    (public
                                HWM activity.                 notice) 45
                                                              FR 12746
                                                              February
                                                              26, 1980
------------------------------------------------------------------------

    (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 and operators of surface 
impoundments, landfills, land treatment units, and waste pile units that 
received waste after July 26, 1982, or that certified closure (according 
to Sec. 265.115 of this chapter) after January 26, 1983, must have post-
closure permits, unless they demonstrate closure by removal or 
decontamination as provided under Sec. 270.1(c)(5) and (6), or obtain an 
enforceable document in lieu of a post-closure permit, as provided under 
paragraph (c)(7) of this section. If a post-closure permit is required, 
the

[[Page 285]]

permit must address applicable 40 CFR 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 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 Sec. 273.3 of this chapter;
    (C) Thermostats as described in Sec. 273.4 of this chapter; and
    (D) Lamps as described in Sec. 273.5 of this chapter.
    (ix) A New York State Utility central collection facility 
consolidating hazardous waste in accordance with 40 CFR 262.90.
    (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.
    (D) An immediate threat to human health, public safety, property, or 
the environment from the known or suspected presence of military 
munitions,

[[Page 286]]

other explosive material, or an explosive device, as determined by an 
explosive or munitions emergency response specialist as defined in 40 
CFR 260.10.
    (ii) Any person who continues or initiates hazardous waste treatment 
or containment activities after the immediate response is over is 
subject to all applicable requirements of this part for those 
activities.
    (iii) In the case of emergency responses involving military 
munitions, the responding military emergency response specialist's 
organizational unit must retain records for three years identifying the 
dates of the response, the responsible persons responding, the type and 
description of material addressed, and its disposition.
    (4) Permits for less than an entire facility. 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 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.

[[Page 287]]

    (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.
    (7) Enforceable documents for post-closure care. At the discretion 
of the Regional Administrator, an owner or operator may obtain, in lieu 
of a post-closure permit, an enforceable document imposing the 
requirements of 40 CFR 265.121. ``Enforceable document'' means an order, 
a plan, or other document issued by EPA or by an authorized State under 
an authority that meets the requirements of 40 CFR 271.16(e) including, 
but not limited to, a corrective action order issued by EPA under 
section 3008(h), a CERCLA remedial action, or a closure or post-closure 
plan.

[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; 62 FR 6656, Feb. 12, 1996; 63 FR 56735, Oct. 22, 
1998; 64 FR 36488, July 6, 1999; 64 FR 37638, July 12, 1999]



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 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.

[[Page 288]]

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.
    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.

[[Page 289]]

    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 
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.
    Remedial Action Plan (RAP) means a special form of RCRA permit that 
a facility owner or operator may obtain instead of a permit issued under 
Secs. 270.3 through 270.66, to authorize the treatment, storage or 
disposal of hazardous remediation waste (as defined in Sec. 260.10 of 
this chapter) at a remediation waste management site.
    Schedule of compliance means a schedule of remedial measures 
included in a permit, including an enforceable sequence of interim 
requirements (for example, actions, operations, or milestone events) 
leading to compliance with the Act and 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

[[Page 290]]

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 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; 63 FR 
65941, Nov. 30, 1998]



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

[[Page 291]]

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
    (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]



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;

[[Page 292]]

    (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 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.

[[Page 293]]

    (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 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.

[[Page 294]]

    (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 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

[[Page 295]]

(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 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.

[[Page 296]]

    (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, a principal executive officer of a Federal 
agency includes: (i) The chief executive officer of the agency, or (ii) 
a senior executive officer having responsibility for the overall 
operations of a principal geographic unit of the agency (e.g., Regional 
Administrators of EPA).
    (b) Reports. All reports required by permits and other information 
requested by the Director shall be signed by a person described in 
paragraph (a) of this section, or by a duly authorized representative of 
that person. A person is a duly authorized representative only if:
    (1) The authorization is made in writing by a person described in 
paragraph (a) of this section;
    (2) The authorization specifies either an individual or a position 
having responsibility for overall operation of the regulated facility or 
activity such as the position of plant manager, operator of a well or a 
well field, superintendent, or position of equivalent responsibility. (A 
duly authorized representative may thus be either a named individual or 
any individual occupying a named position); and
    (3) The written authorization is submitted to the Director.
    (c) Changes to authorization. If an authorization under paragraph 
(b) of this section is no longer accurate because a different individual 
or position has responsibility for the overall operation of the 
facility, a new authorization satisfying the requirements of paragraph 
(b) of this section must be submitted to the Director prior to or 
together with any reports, information, or applications to be signed by 
an authorized representative.
    (d)(1) Any person signing a document under paragraph (a) or (b) of 
this must make the following certification:

    I certify under penalty of law that this document and all 
attachments were prepared under my direction or supervision according to 
a system designed to assure that qualified personnel properly gather and 
evaluate the information submitted. Based on my inquiry of the person or 
persons who manage the system, or those persons directly responsible for 
gathering the information, the information submitted is, to the best of 
my knowledge and belief, true, accurate, and complete. I am aware that 
there are significant penalties for submitting false information, 
including the possibility of fine and imprisonment for knowing 
violations.

    (2) For remedial action plans (RAPs) under subpart H of this part, 
if the operator certifies according to paragraph (d)(1) of this section, 
then the owner

[[Page 297]]

may choose to make the following certification instead of the 
certification in paragraph (d)(1) of this section:

    Based on my knowledge of the conditions of the property described in 
the RAP and my inquiry of the person or persons who manage the system 
referenced in the operator's certification, or those persons directly 
responsible for gathering the information, the information submitted is, 
upon information 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; 63 
FR 65941, Nov. 30, 1998]



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.
    (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.

[[Page 298]]

    (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. For post-
closure permits, only the information specified in Sec. 270.28 is 
required in part B of the permit application.
    (b) General information requirements. The following information is 
required for all HWM facilities, except as 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 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) of this part. 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, 264.1058, 264.1084, 264.1085, 264.1086, and 264.1088 
of this part.
    (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

[[Page 299]]

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 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

[[Page 300]]

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 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

[[Page 301]]

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.
    (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

[[Page 302]]

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 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.

[[Page 303]]

    (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; 61 FR 
59996, Nov. 25, 1996; 62 FR 64671, Dec. 8, 1997; 63 FR 56735, Oct. 22, 
1998]



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 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]



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

[[Page 304]]

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 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]



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

[[Page 305]]

    (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);
    (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]



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

[[Page 306]]

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;
    (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 and Sec. 270.19(e) provide 
otherwise, owners and operators of facilities that incinerate hazardous 
waste must fulfill the requirements of paragraphs (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,

[[Page 307]]

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.
    (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,

[[Page 308]]

    (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 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.
    (e) When an owner or operator demonstrates compliance with the air 
emission standards and limitations in 40 CFR part 63, subpart EEE, of 
this chapter (i.e., by conducting a comprehensive performance test and 
submitting a Notification of Compliance), the requirements of this 
section do not apply. Nevertheless, the Director may apply the 
provisions of this section, on a case-by-case basis, for purposes of 
information collection in accordance with Secs. 270.10(k) and 
270.32(b)(2).

[48 FR 14228, Apr. 1, 1983, as amended at 58 FR 46051, Aug. 31, 1993; 64 
FR 53076, Sept. 30, 1999]



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;

[[Page 309]]

    (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:
    (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]

[[Page 310]]



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;
    (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.

[[Page 311]]

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.

    When an owner or operator of a cement or lightweight aggregate kiln 
demonstrates compliance with the air emission standards and limitations 
in 40 CFR part 63, subpart EEE (i.e., by conducting a comprehensive 
performance test and submitting a Notification of Compliance), the 
requirements of this section do not apply. Nevertheless, the Director 
may apply the provisions of this section, on a case-by-case basis, for 
purposes of information collection in accordance with Secs. 270.10(k) 
and 270.32(b)(2).
    (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
    (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

[[Page 312]]

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.
    (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

[[Page 313]]

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.
    (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

[[Page 314]]

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, as amended at 64 
FR 53077, Sept. 30, 1999]



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 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

[[Page 315]]

(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 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).

[[Page 316]]

    (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, 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.

[[Page 317]]

    (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 40 CFR 264.1, 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 CC shall provide the following additional information:
    (1) Documentation for each floating roof cover installed on a tank 
subject to 40 CFR 264.1084(d)(1) or 40 CFR 264.1084(d)(2) that includes 
information prepared by the owner or operator or provided by the cover 
manufacturer or vendor describing the cover design, and certification by 
the owner or operator that the cover meets the applicable design 
specifications as listed in 40 CFR 264.1084(e)(1) or 40 CFR 
264.1084(f)(1).
    (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 pollutant 
emissions from tanks or containers in accordance with the requirements 
of 40 CFR 264.1084(d)(5) or 40 CFR 264.1086(e)(1)(ii) that includes 
records for the most recent set of calculations and measurements 
performed by the owner or operator to verify that the enclosure meets 
the criteria of a permanent total enclosure as specified in ``Procedure 
T--Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' under 40 CFR 52.741, appendix B.
    (4) Documentation for each floating membrane cover installed on a 
surface impoundment in accordance with the requirements of 40 CFR 
264.1085(c) that includes information prepared by the owner or operator 
or provided by the cover manufacturer or vendor describing the cover 
design, and certification by the owner or operator that the cover meets 
the specifications listed in 40 CFR 264.1085(c)(1).

[[Page 318]]

    (5) Documentation for each closed-vent system and control device 
installed in accordance with the requirements of 40 CFR 264.1087 that 
includes design and performance information as specified in Sec. 270.24 
(c) and (d) of this part.
    (6) An emission monitoring plan for both Method 21 in 40 CFR part 
60, appendix A and control device monitoring methods. This plan shall 
include the following information: monitoring point(s), monitoring 
methods for control devices, monitoring frequency, procedures for 
documenting exceedances, and procedures for mitigating noncompliances.
    (7) When an owner or operator of a facility subject to 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 
40 CFR 265.1082.

[61 FR 59996, Nov. 25, 1996]



Sec. 270.28  Part B information requirements for post-closure permits.

    For post-closure permits, the owner or operator is required to 
submit only the information specified in Secs. 270.14(b)(1), (4), (5), 
(6), (11), (13), (14), (16), (18) and (19), (c), and (d), unless the 
Regional Administrator determines that additional information from 
Secs. 270.14, 270.16, 270.17, 270.18, 270.20, or 270.21 is necessary. 
The owner or operator is required to submit the same information when an 
alternative authority is used in lieu of a post-closure permit as 
provided in Sec. 270.1(c)(7).

[63 FR 56735, Oct. 22, 1998]



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 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.

[[Page 319]]

    (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;
    (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

[[Page 320]]

    (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 not been corrected, the anticipated time it is 
expected to continue; and steps taken or planned to reduce, eliminate, 
and prevent reoccurrence of the noncompliance. The Director may waive 
the five day written notice requirement in favor of a written report 
within fifteen days.
    (7) Manifest discrepancy report: If a significant discrepancy in a 
manifest is discovered, the permittee must attempt to reconcile the 
discrepancy. If not resolved within fifteen days, the permittee must 
submit a letter report, including a copy of the manifest, to the 
Director. (See 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

[[Page 321]]

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. 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. 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; 65 FR 30913, May 15, 2000]



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

[[Page 322]]

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) 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.

[[Page 323]]

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 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:

[[Page 324]]

    (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:
    (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);

[[Page 325]]

    (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 (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:

[[Page 326]]

    (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;
    (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;

[[Page 327]]

    (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 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

[[Page 328]]

    (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 
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;

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    (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) Military hazardous waste munitions treatment and disposal. The 
permittee is authorized to continue to accept waste military munitions 
notwithstanding any permit conditions barring the permittee from 
accepting off-site wastes, if:
    (1) The facility was in existence as a hazardous waste facility, and 
the facility was already permitted to handle the waste military 
munitions, on the date when the waste military munitions became subject 
to hazardous waste regulatory requirements;
    (2) On or before the date when the waste military munitions become 
subject to hazardous waste regulatory requirements, the permittee 
submits a Class 1 modification request to remove or amend the permit 
provision restricting the receipt of off-site waste munitions; and
    (3) The permittee submits a complete Class 2 modification request 
within 180 days of the date when the waste military munitions became 
subject to hazardous waste regulatory requirements.
    (i) Permit modification list. The Director must maintain a list of 
all approved permit modifications and must publish a notice once a year 
in a State-wide newspaper that an updated list is available for review.
    (j) Combustion facility changes to meet part 63 MACT standards. The 
following procedures apply to hazardous waste combustion facility permit 
modifications requested under Appendix I of this section, section L(9).
    (1) Facility owners or operators must comply with the Notification 
of Intent to Comply (NIC) requirements of 40 CFR 63.1211 before a permit 
modification can be requested under this section.
    (2) If the Director does not approve or deny the request within 90 
days of receiving it, the request shall be deemed approved. The Director 
may, at his or her discretion, extend this 90 day deadline one time for 
up to 30 days by notifying the facility owner or operator.

    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              1
   equivalent components (e.g., pipes, valves, pumps,
   conveyors, controls)........................................
  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,             1
     sampling, or maintenance..................................
    b. Other changes...........................................        2
  5. Schedule of compliance:
    a. Changes in interim compliance dates, with prior approval    \1\ 1
     of the Director...........................................
    b. Extension of final compliance date......................        3
  6. Changes in expiration date of permit to allow earlier         \1\ 1
   permit termination, with prior approval of the Director.....
  7. Changes in ownership or operational control of a facility,    \1\ 1
   provided the procedures of Sec.  270.40(b) are followed.....
  8. Changes to remove permit conditions that are no longer        \1\ 1
   applicable (i.e., because the standards upon which they are
   based are no longer applicable to the facility).............
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-             1
     source leachate) sampling or analysis methods.............
    c. To incorporate changes associated with underlying           \1\ 1
     hazardous constituents in ignitable or corrosive wastes...
    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

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  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         2
     given to employees........................................
    b. Other changes...........................................        1
  6. Contingency plan:
    a. Changes in emergency procedures (i.e., spill or release         2
     response procedures)......................................
    b. Replacement with functionally equivalent equipment,             1
     upgrade, or relocate emergency equipment listed...........
    c. Removal of equipment from emergency equipment list......        2
    d. Changes in name, address, or phone number of                    1
     coordinators or other persons or agencies identified in
     the plan..................................................
  7. Construction quality assurance plan:
    a. Changes that the CQA officer certifies in the operating         1
     record will provide equivalent or better certainty that
     the unit components meet the design specifications........
    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            2
     upgradient or downgradient wells of permitted ground-water
     monitoring system.........................................
    b. Replacement of an existing well that has been damaged or        1
     rendered inoperable, without change to location, design,
     or depth of the well......................................
  2. Changes in ground-water sampling or analysis procedures or    \1\ 1
   monitoring schedule, with prior approval of the Director....
  3. Changes in statistical procedure for determining whether a    \1\ 1
   statistically significant change in ground-water quality
   between upgradient and downgradient wells has occurred, with
   prior approval of the Director..............................
  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          2
   Sec.  264.98(j), unless otherwise specified in this appendix
  7. Compliance monitoring program:
    a. Addition of compliance monitoring program as required by        3
     Secs.  264.98(h)(4) and 264.99............................
    b. Changes to a compliance monitoring program as required          2
     by Sec.  264.99(k), unless otherwise specified in this
     appendix..................................................
  8. Corrective action program:
    a. Addition of a corrective action program as required by          3
     Secs.  264.99(i)(2) and 264.100...........................
    b. Changes to a corrective action program as required by           2
     Sec.  264.100(h), unless otherwise specified in this
     appendix..................................................
D. Closure
  1. Changes to the closure plan:
    a. Changes in estimate of maximum extent of operations or      \1\ 1
     maximum inventory of waste on-site at any time during the
     active life of the facility, with prior approval of the
     Director..................................................
    b. Changes in the closure schedule for any unit, changes in    \1\ 1
     the final closure schedule for the facility, or extension
     of the closure period, with prior approval of the Director
    c. Changes in the expected year of final closure, where        \1\ 1
     other permit conditions are not changed, with prior
     approval of the Director..................................
    d. Changes in procedures for decontamination of facility       \1\ 1
     equipment or structures, with prior approval of the
     Director..................................................
    e. Changes in approved closure plan resulting from                 2
     unexpected events occurring during partial or final
     closure, unless otherwise specified in this appendix......
    f. Extension of the closure period to allow a landfill,            2
     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. 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            \1\ 1
     separation, or component separation, with prior approval
     of the Director...........................................
    g. Staging piles...........................................        2
E. Post-Closure
  1. Changes in name, address, or phone number of contact in           1
   post-closure plan...........................................
  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        1
   permit conditions are not changed...........................
  5. Changes in post-closure plan necessitated by events               2
   occurring during the active life of the facility, including
   partial and final closure...................................

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F. Containers
  1. Modification or addition of container units:
    a. Resulting in greater than 25% increase in the facility's        3
     container storage capacity, except as provided in F(1)(c)
     and F(4)(a) below.........................................
    b. Resulting in up to 25% increase in the facility's               2
     container storage capacity, except as provided in F(1)(c)
     and F(4)(a) below.........................................
    c. Or treatment processes necessary to treat wastes that       \1\ 1
     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).............................................
  2:
    a. Modification of a container unit without increasing the         2
     capacity of the unit......................................
    b. Addition of a roof to a container unit without                  1
     alteration of the containment system......................
  3. Storage of different wastes in containers, except as
   provided in (F)(4) below:
    a. That require additional or different management                 3
     practices from those authorized in the permit.............
    b. That do not require additional or different management          2
     practices from those authorized in the permit.............
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           1
     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)...................................
    b. That do not require the addition of units or a change in    \1\ 1
     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)..................
G. Tanks
  1:
    a. Modification or addition of tank units resulting in             3
     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.
    b. Modification or addition of tank units resulting in up          2
     to 25% increase in the facility's tank capacity, except as
     provided in G(1)(d) and G(1)(e) below.....................
    c. Addition of a new tank that will operate for more than          2
     90 days using any of the following physical or chemical
     treatment technologies: neutralization, dewatering, phase
     separation, or component separation.......................
    d. After prior approval of the Director, addition of a new     \1\ 1
     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................................................
    e. Modification or addition of tank units or treatment         \1\ 1
     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).........................
  2. Modification of a tank unit or secondary containment              2
   system without increasing the capacity of the unit..........
  3. Replacement of a tank with a tank that meets the same             1
   design standards and has a capacity within +/-10% of the
   replaced tank provided......................................
    --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                 3
     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...............................
    b. That do not require additional or different management          2
     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)..............................................
    c. That require addition of units or change in treatment       \1\ 1
     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)..................
    d. That do not require the addition of units or a change in        1
     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)..................
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        3
   result in increasing the facility's surface impoundment
   storage or treatment capacity...............................
  2. Replacement of a surface impoundment unit.................        3
  3. Modification of a surface impoundment unit without                2
   increasing the facility's surface impoundment storage or
   treatment capacity and without modifying the unit's liner,
   leak detection system, or leachate collection system........

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  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                 3
     practices or different design of the liner or leak
     detection system than authorized in the permit............
    b. That do not require additional or different management          2
     practices or different design of the liner or leak
     detection system than authorized in the permit............
    c. That are wastes restricted from land disposal that meet         1
     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)...................................
    d. That are residues from wastewater treatment or                  1
     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)..................
  6. Modifications of unconstructed units to comply with Secs.        *1
   264.221(c), 264.222, 264.223, and 264.226(d)................
  7. Changes in response action plan:
    a. Increase in action leakage rate.........................        3
    b. Change in a specific response reducing its frequency or         3
     effectiveness.............................................
    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        3
     waste pile storage or treatment capacity..................
    b. Resulting in up to 25% increase in the facility's waste         2
     pile storage or treatment capacity........................
  2. Modification of waste pile unit without increasing the            2
   capacity of the unit........................................
  3. Replacement of a waste pile unit with another waste pile          1
   unit of the same design and capacity and meeting all waste
   pile conditions in the permit...............................
  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                 3
     practices or different design of the unit.................
    b. That do not require additional or different management          2
     practices or different design of the unit.................
  6. Conversion of an enclosed waste pile to a containment             2
   building unit...............................................
 
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         3
   increasing the facility's disposal capacity.................
  2. Replacement of a landfill.................................        3
  3. Addition or modification of a liner, leachate collection          3
   system, leachate detection system, run-off control, or final
   cover system................................................
  4. Modification of a landfill unit without changing a liner,         2
   leachate collection system, leachate detection system, run-
   off control, or final cover system..........................
  5. Modification of a landfill management practice............        2
  6. Landfill different wastes:
    a. That require additional or different management                 3
     practices, different design of the liner, leachate
     collection system, or leachate detection system...........
    b. That do not require additional or different management          2
     practices, different design of the liner, leachate
     collection system, or leachate detection system...........
    c. That are wastes restricted from land disposal that meet         1
     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)..................
    d. That are residues from wastewater treatment or                  1
     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)...................................
  7. Modifications of unconstructed units to comply with Secs.        *1
   264.251(c), 264.252, 264.253, 264.254(c), 264.301(c),
   264.302, 264.303(c), and 264.304............................
  8. Changes in response action plan:
    a. Increase in action leakage rate.........................        3
    b. Change in a specific response reducing its frequency or         3
     effectiveness.............................................
    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              3
   treatment unit to increase areal extent.....................
  2. Modification of run-on control system.....................        2
  3. Modify run-off control system.............................        3
  4. Other modifications of land treatment unit component              2
   specifications or standards required in permit..............
  5. Management of different wastes in land treatment units:
    a. That require a change in permit operating conditions or         3
     unit design specifications................................

[[Page 333]]

 
    b. That do not require a change in permit operating                2
     conditions or unit design specifications..................
 
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         2
   to change measures of pH or moisture content, or to enhance
   microbial or chemical reactions.............................
  8. Modification of a land treatment unit management practice         3
   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...................................
  9. Modification of operating practice due to detection of            3
   releases from the land treatment unit pursuant to Sec.
   264.278(g)(2)...............................................
  10. Changes in the unsaturated zone monitoring system,               3
   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.
  11. Changes in the unsaturated zone monitoring system that do        2
   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....
  12. Changes in background values for hazardous constituents          2
   in soil and soil-pore liquid................................
  13. Changes in sampling, analysis, or statistical procedure..        2
  14. Changes in land treatment demonstration program prior to         2
   or during the demonstration.................................
  15. Changes in any condition specified in the permit for a       \1\ 1
   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.............
  16. Changes to allow a second land treatment demonstration to    \1\ 1
   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....................................
  17. Changes to allow a second land treatment demonstration to        3
   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......................
  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         3
   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. Changes to increase by up to 25% any of the following             2
   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. Modification of an incinerator, boiler, or industrial             3
   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.............................
  4. Modification of an incinerator, boiler, or industrial             2
   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........
  5. Operating requirements:...................................
    a. Modification of the limits specified in the permit for          3
     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...............................................
    b. Modification of any stack gas emission limits specified         3
     in the permit, or modification of any conditions in the
     permit concerning emergency shutdown or automatic waste
     feed cutoff procedures or controls........................
    c. Modification of any other operating condition or any            2
     inspection or recordkeeping requirement specified in the
     permit....................................................
  6. Burning different wastes:.................................
    a. If the waste contains a POHC that is more difficult to          3
     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.
    b. If the waste does not contain a POHC that is more               2
     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.............................................

[[Page 334]]

 
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        2
     conditions applicable during the shakedown period for
     determining operational readiness after construction, the
     trial burn period, or the period immediately following the
     trial burn................................................
    b. Authorization of up to an additional 720 hours of waste      \1\1
     burning during the shakedown period for determining
     operational readiness after construction, with the prior
     approval of the Director..................................
    c. Changes in the operating requirements set in the permit      \1\1
     for conducting a trial burn, provided the change is minor
     and has received the prior approval of the Director.......
    d. Changes in the ranges of the operating requirements set      \1\1
     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..................................
  8. Substitution of an alternative type of nonhazardous waste         1
   fuel that is not specified in the permit....................
  9. Technology Changes Needed to meet Standards under 40 CFR      \1\ 1
   part 63 (Subpart EEE--National Emission Standards for
   Hazardous Air Pollutants From Hazardous Waste Combustors),
   provided the procedures of Sec.  270.42(j) are followed.
M. Containment Buildings.
1. Modification or addition of containment building units:
  a. Resulting in greater than 25% increase in the facility's          3
   containment building storage or treatment capacity..........
  b. Resulting in up to 25% increase in the facility's                 2
   containment building storage or treatment capacity..........
2. Modification of a containment building unit or secondary            2
 containment system without increasing the capacity of the unit
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               1
   conditions in the permit....................................
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            2
   practices...................................................
N. Corrective Action:
  1. Approval of a corrective action management unit pursuant          3
   to Sec.  264.552............................................
  2. Approval of a temporary unit or time extension for a              2
   temporary unit pursuant to Sec.  264.553....................
  3. Approval of a staging pile or staging pile operating term         2
   extension pursuant to Sec.  264.554.........................
------------------------------------------------------------------------
\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; 62 FR 6656, Feb. 12, 1997; 63 
FR 33829, June 19, 1998; 63 FR 65941, Nov. 30, 1998; 64 FR 53077, Sept. 
30, 1999]



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 part 22, as appropriate or State procedures in terminating any permit 
under this section.

[48 FR 14228, Apr. 1, 1983, as amended at 65 FR 30913, May 15, 2000]



            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

[[Page 335]]

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).
    (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

[[Page 336]]

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 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.

    When an owner or operator demonstrates compliance with the air 
emission standards and limitations in 40 CFR part 63, subpart EEE (i.e., 
by conducting a comprehensive performance test and submitting a 
Notification of Compliance), the requirements of this section do not 
apply. Nevertheless, the Director may apply the provisions of this 
section, on a case-by-case basis, for purposes of information collection 
in accordance with Secs. 270.10(k) and 270.32(b)(2).
    (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

[[Page 337]]

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:
    (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,

[[Page 338]]

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.
    (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.

[[Page 339]]

    (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.
    (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

[[Page 340]]

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; 64 FR 53077, 
Sept. 30, 1999]



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.
    (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.

[[Page 341]]

    (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]



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.

    When an owner or operator of a cement or lightweight aggregate kiln 
demonstrates compliance with the air emission standards and limitations 
in

[[Page 342]]

40 CFR part 63, subpart EEE (i.e., by conducting a comprehensive 
performance test and submitting a Notification of Compliance), the 
requirements of this section do not apply. Nevertheless, the Director 
may apply the provisions of this section, on a case-by-case basis, for 
purposes of information collection in accordance with Secs. 270.10(k) 
and 270.32(b)(2).
    (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 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

[[Page 343]]

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 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

[[Page 344]]

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.
    (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

[[Page 345]]

    (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 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; 64 FR 53077, Sept. 
30, 1999]



Sec. 270.68  Remedial Action Plans (RAPs).

    Remedial Action Plans (RAPs) are special forms of permits that are 
regulated under subpart H of this part.

[63 FR 65941, Nov. 30, 1998]

[[Page 346]]



                        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 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

[[Page 347]]

    (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.
    (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.

[[Page 348]]

    (8) Changes necessary to comply with standards under 40 CFR part 63, 
Subpart EEE--National Emission Standards for Hazardous Air Pollutants 
From Hazardous Waste Combustors.

[54 FR 9608, Mar. 7, 1989, as amended at 56 FR 7239, Feb. 21, 1991; 57 
FR 37282, Aug. 18, 1992; 63 FR 33829, June 19, 1998]



Sec. 270.73  Termination of interim status.

    Interim status terminates when:
    (a) Final administrative disposition of a permit application, except 
an application for a remedial action plan (RAP) under subpart H of this 
part, is made.
    (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; 63 FR 65941, Nov. 30, 1998]



                 Subpart H--Remedial Action Plans (RAPs)

    Source: 63 FR 65941, Nov. 30, 1998, unless otherwise noted.



Sec. 270.79  Why is this subpart written in a special format?

    This subpart is written in a special format to make it easier to 
understand the regulatory requirements. Like other Environmental 
Protection Agency (EPA) regulations, this establishes enforceable legal 
requirements. For this subpart, ``I'' and ``you'' refer to the owner/
operator.

                           General Information



Sec. 270.80  What is a RAP?

    (a) A RAP is a special form of RCRA permit that you, as an owner or 
operator, may obtain, instead of a permit issued under Secs. 270.3 
through 270.66, to authorize you to treat, store, or dispose of 
hazardous remediation waste (as defined in Sec. 260.10 of this chapter) 
at a remediation waste management site. A RAP may only be issued for the 
area of contamination where the remediation wastes to be managed under 
the RAP originated, or areas in close proximity to the contaminated 
area, except

[[Page 349]]

as allowed in limited circumstances under Sec. 270.230.
    (b) The requirements in Secs. 270.3 through 270.66 do not apply to 
RAPs unless those requirements for traditional RCRA permits are 
specifically required under Secs. 270.80 through 270.230. The 
definitions in Sec. 270.2 apply to RAPs.
    (c) Notwithstanding any other provision of this part or part 124 of 
this chapter, any document that meets the requirements in this section 
constitutes a RCRA permit under RCRA section 3005(c).
    (d) A RAP may be:
    (1) A stand-alone document that includes only the information and 
conditions required by this subpart; or
    (2) Part (or parts) of another document that includes information 
and/or conditions for other activities at the remediation waste 
management site, in addition to the information and conditions required 
by this subpart.
    (e) If you are treating, storing, or disposing of hazardous 
remediation wastes as part of a cleanup compelled by Federal or State 
cleanup authorities, your RAP does not affect your obligations under 
those authorities in any way.
    (f) If you receive a RAP at a facility operating under interim 
status, the RAP does not terminate your interim status.



Sec. 270.85  When do I need a RAP?

    (a) Whenever you treat, store, or dispose of hazardous remediation 
wastes in a manner that requires a RCRA permit under Sec. 270.1, you 
must either obtain:
    (1) A RCRA permit according to Secs. 270.3 through 270.66; or
    (2) A RAP according to this subpart.
    (b) Treatment units that use combustion of hazardous remediation 
wastes at a remediation waste management site are not eligible for RAPs 
under this subpart.
    (c) You may obtain a RAP for managing hazardous remediation waste at 
an already permitted RCRA facility. You must have these RAPs approved as 
a modification to your existing permit according to the requirements of 
Sec. 270.41 or Sec. 270.42 instead of the requirements in this subpart. 
When you submit an application for such a modification, however, the 
information requirements in Sec. 270.42(a)(1)(i), (b)(1)(iv), and 
(c)(1)(iv) do not apply; instead, you must submit the information 
required under Sec. 270.110. When your permit is modified the RAP 
becomes part of the RCRA permit. Therefore when your permit (including 
the RAP portion) is modified, revoked and reissued, terminated or when 
it expires, it will be modified according to the applicable requirements 
in Secs. 270.40 through 270.42, revoked and reissued according to the 
applicable requirements in Secs. 270.41 and 270.43, terminated according 
to the applicable requirements in Sec. 270.43, and expire according to 
the applicable requirements in Secs. 270.50 and 270.51.



Sec. 270.90  Does my RAP grant me any rights or relieve me of any obligations?

    The provisions of Sec. 270.4 apply to RAPs. (Note: The provisions of 
Sec. 270.4(a) provide you assurance that, as long as you comply with 
your RAP, EPA will consider you in compliance with Subtitle C of RCRA, 
and will not take enforcement actions against you. However, you should 
be aware of four exceptions to this provision that are listed in 
Sec. 270.4.)

                           Applying for a RAP



Sec. 270.95  How do I apply for a RAP?

    To apply for a RAP, you must complete an application, sign it, and 
submit it to the Director according to the requirements in this subpart.



Sec. 270.100  Who must obtain a RAP?

    When a facility or remediation waste management site is owned by one 
person, but the treatment, storage or disposal activities are operated 
by another person, it is the operator's duty to obtain a RAP, except 
that the owner must also sign the RAP application.



Sec. 270.105  Who must sign the application and any required reports for a RAP?

    Both the owner and the operator must sign the RAP application and 
any required reports according to Sec. 270.11(a), (b), and (c). In the 
application, both the owner and the operator must also make the 
certification required under

[[Page 350]]

Sec. 270.11(d)(1). However, the owner may choose the alternative 
certification under Sec. 270.11(d)(2) if the operator certifies under 
Sec. 270.11(d)(1).



Sec. 270.110  What must I include in my application for a RAP?

    You must include the following information in your application for a 
RAP:
    (a) The name, address, and EPA identification number of the 
remediation waste management site;
    (b) The name, address, and telephone number of the owner and 
operator;
    (c) The latitude and longitude of the site;
    (d) The United States Geological Survey (USGS) or county map showing 
the location of the remediation waste management site;
    (e) A scaled drawing of the remediation waste management site 
showing:
    (1) The remediation waste management site boundaries;
    (2) Any significant physical structures; and
    (3) The boundary of all areas on-site where remediation waste is to 
be treated, stored or disposed;
    (f) A specification of the hazardous remediation waste to be 
treated, stored or disposed of at the facility or remediation waste 
management site. This must include information on:
    (1) Constituent concentrations and other properties of the hazardous 
remediation wastes that may affect how such materials should be treated 
and/or otherwise managed;
    (2) An estimate of the quantity of these wastes; and
    (3) A description of the processes you will use to treat, store, or 
dispose of this waste including technologies, handling systems, design 
and operating parameters you will use to treat hazardous remediation 
wastes before disposing of them according to the LDR standards of part 
268 of this chapter, as applicable;
    (g) Enough information to demonstrate that operations that follow 
the provisions in your RAP application will ensure compliance with 
applicable requirements of parts 264, 266, and 268 of this chapter;
    (h) Such information as may be necessary to enable the Regional 
Administrator to carry out his duties under other Federal laws as is 
required for traditional RCRA permits under Sec. 270.14(b)(20);
    (i) Any other information the Director decides is necessary for 
demonstrating compliance with this subpart or for determining any 
additional RAP conditions that are necessary to protect human health and 
the environment.



Sec. 270.115  What if I want to keep this information confidential?

    Part 2 (Public Information) of this chapter allows you to claim as 
confidential any or all of the information you submit to EPA under this 
subpart. You must assert any such claim at the time that you submit your 
RAP application or other submissions by stamping the words 
``confidential business information'' on each page containing such 
information. If you do assert a claim at the time you submit the 
information, EPA will treat the information according to the procedures 
in part 2 of this chapter. If you do not assert a claim at the time you 
submit the information, EPA may make the information available to the 
public without further notice to you. EPA will deny any requests for 
confidentiality of your name and/or address.



Sec. 270.120  To whom must I submit my RAP application?

    You must submit your application for a RAP to the Director for 
approval.



Sec. 270.125  If I submit my RAP application as part of another document, what must I do?

    If you submit your application for a RAP as a part of another 
document, you must clearly identify the components of that document that 
constitute your RAP application.

                         Getting a RAP Approved



Sec. 270.130  What is the process for approving or denying my application for a RAP?

    (a) If the Director tentatively finds that your RAP application 
includes all of the information required by Sec. 270.110 and that your 
proposed remediation waste management activities meet the regulatory 
standards, the Director will make a tentative decision to approve

[[Page 351]]

your RAP application. The Director will then prepare a draft RAP and 
provide an opportunity for public comment before making a final decision 
on your RAP application, according to this subpart.
    (b) If the Director tentatively finds that your RAP application does 
not include all of the information required by Sec. 270.110 or that your 
proposed remediation waste management activities do not meet the 
regulatory standards, the Director may request additional information 
from you or ask you to correct deficiencies in your application. If you 
fail or refuse to provide any additional information the Director 
requests, or to correct any deficiencies in your RAP application, the 
Director may make a tentative decision to deny your RAP application. 
After making this tentative decision, the Director will prepare a notice 
of intent to deny your RAP application (``notice of intent to deny'') 
and provide an opportunity for public comment before making a final 
decision on your RAP application, according to the requirements in this 
Subpart. The Director may deny the RAP application either in its 
entirety or in part.



Sec. 270.135  What must the Director include in a draft RAP?

    If the Director prepares a draft RAP, it must include the:
    (a) Information required under Sec. 270.110(a) through (f);
    (b) The following terms and conditions:
    (1) Terms and conditions necessary to ensure that the operating 
requirements specified in your RAP comply with applicable requirements 
of parts 264, 266, and 268 of this chapter (including any recordkeeping 
and reporting requirements). In satisfying this provision, the Director 
may incorporate, expressly or by reference, applicable requirements of 
parts 264, 266, and 268 of this chapter into the RAP or establish site-
specific conditions as required or allowed by parts 264, 266, and 268 of 
this chapter;
    (2) Terms and conditions in Sec. 270.30;
    (3) Terms and conditions for modifying, revoking and reissuing, and 
terminating your RAP, as provided in Sec. 270.170; and
    (4) Any additional terms or conditions that the Director determines 
are necessary to protect human health and the environment, including any 
terms and conditions necessary to respond to spills and leaks during use 
of any units permitted under the RAP; and
    (c) If the draft RAP is part of another document, as described in 
Sec. 270.80(d)(2), the Director must clearly identify the components of 
that document that constitute the draft RAP.



Sec. 270.140  What else must the Director prepare in addition to the draft RAP or notice of intent to deny?

    Once the Director has prepared the draft RAP or notice of intent to 
deny, he must then:
    (a) Prepare a statement of basis that briefly describes the 
derivation of the conditions of the draft RAP and the reasons for them, 
or the rationale for the notice of intent to deny;
    (b) Compile an administrative record, including:
    (1) The RAP application, and any supporting data furnished by the 
applicant;
    (2) The draft RAP or notice of intent to deny;
    (3) The statement of basis and all documents cited therein (material 
readily available at the issuing Regional office or published material 
that is generally available need not be physically included with the 
rest of the record, as long as it is specifically referred to in the 
statement of basis); and
    (4) Any other documents that support the decision to approve or deny 
the RAP; and
    (c) Make information contained in the administrative record 
available for review by the public upon request.



Sec. 270.145  What are the procedures for public comment on the draft RAP or notice of intent to deny?

    (a) The Director must:
    (1) Send notice to you of his intention to approve or deny your RAP 
application, and send you a copy of the statement of basis;
    (2) Publish a notice of his intention to approve or deny your RAP 
application in a major local newspaper of general circulation;

[[Page 352]]

    (3) Broadcast his intention to approve or deny your RAP application 
over a local radio station; and
    (4) Send a notice of his intention to approve or deny your RAP 
application to each unit of local government having jurisdiction over 
the area in which your site is located, and to each State agency having 
any authority under State law with respect to any construction or 
operations at the site.
    (b) The notice required by paragraph (a) of this section must 
provide an opportunity for the public to submit written comments on the 
draft RAP or notice of intent to deny within at least 45 days.
    (c) The notice required by paragraph (a) of this section must 
include:
    (1) The name and address of the office processing the RAP 
application;
    (2) The name and address of the RAP applicant, and if different, the 
remediation waste management site or activity the RAP will regulate;
    (3) A brief description of the activity the RAP will regulate;
    (4) The name, address and telephone number of a person from whom 
interested persons may obtain further information, including copies of 
the draft RAP or notice of intent to deny, statement of basis, and the 
RAP application;
    (5) A brief description of the comment procedures in this section, 
and any other procedures by which the public may participate in the RAP 
decision;
    (6) If a hearing is scheduled, the date, time, location and purpose 
of the hearing;
    (7) If a hearing is not scheduled, a statement of procedures to 
request a hearing;
    (8) The location of the administrative record, and times when it 
will be open for public inspection; and
    (9) Any additional information the Director considers necessary or 
proper.
    (d) If, within the comment period, the Director receives written 
notice of opposition to his intention to approve or deny your RAP 
application and a request for a hearing, the Director must hold an 
informal public hearing to discuss issues relating to the approval or 
denial of your RAP application. The Director may also determine on his 
own initiative that an informal hearing is appropriate. The hearing must 
include an opportunity for any person to present written or oral 
comments. Whenever possible, the Director must schedule this hearing at 
a location convenient to the nearest population center to the 
remediation waste management site and give notice according to the 
requirements in paragraph (a) of this section. This notice must, at a 
minimum, include the information required by paragraph (c) of this 
section and:
    (1) Reference to the date of any previous public notices relating to 
the RAP application;
    (2) The date, time and place of the hearing; and
    (3) A brief description of the nature and purpose of the hearing, 
including the applicable rules and procedures.



Sec. 270.150  How will the Director make a final decision on my RAP application?

    (a) The Director must consider and respond to any significant 
comments raised during the public comment period, or during any hearing 
on the draft RAP or notice of intent to deny, and revise your draft RAP 
based on those comments, as appropriate.
    (b) If the Director determines that your RAP includes the 
information and terms and conditions required in Sec. 270.135, then he 
will issue a final decision approving your RAP and, in writing, notify 
you and all commenters on your draft RAP that your RAP application has 
been approved.
    (c) If the Director determines that your RAP does not include the 
information required in Sec. 270.135, then he will issue a final 
decision denying your RAP and, in writing, notify you and all commenters 
on your draft RAP that your RAP application has been denied.
    (d) If the Director's final decision is that the tentative decision 
to deny the RAP application was incorrect, he will withdraw the notice 
of intent to deny and proceed to prepare a draft RAP, according to the 
requirements in this subpart.
    (e) When the Director issues his final RAP decision, he must refer 
to the procedures for appealing the decision under Sec. 270.155.

[[Page 353]]

    (f) Before issuing the final RAP decision, the Director must compile 
an administrative record. Material readily available at the issuing 
Regional office or published materials which are generally available and 
which are included in the administrative record need not be physically 
included with the rest of the record as long as it is specifically 
referred to in the statement of basis or the response to comments. The 
administrative record for the final RAP must include information in the 
administrative record for the draft RAP (see Sec. 270.140(b)) and:
    (1) All comments received during the public comment period;
    (2) Tapes or transcripts of any hearings;
    (3) Any written materials submitted at these hearings;
    (4) The responses to comments;
    (5) Any new material placed in the record since the draft RAP was 
issued;
    (6) Any other documents supporting the RAP; and (7) A copy of the 
final RAP.
    (g) The Director must make information contained in the 
administrative record available for review by the public upon request.



Sec. 270.155  May the decision to approve or deny my RAP application be administratively appealed?

    (a) Any commenter on the draft RAP or notice of intent to deny, or 
any participant in any public hearing(s) on the draft RAP, may appeal 
the Director's decision to approve or deny your RAP application to EPA's 
Environmental Appeals Board under Sec. 124.19 of this chapter. Any 
person who did not file comments, or did not participate in any public 
hearing(s) on the draft RAP, may petition for administrative review only 
to the extent of the changes from the draft to the final RAP decision. 
Appeals of RAPs may be made to the same extent as for final permit 
decisions under Sec. 124.15 of this chapter (or a decision under 
Sec. 270.29 to deny a permit for the active life of a RCRA hazardous 
waste management facility or unit). Instead of the notice required under 
Secs. 124.19(c) and 124.10 of this chapter, the Director will give 
public notice of any grant of review of RAPs by the Environmental 
Appeals Board through the same means used to provide notice under 
Sec. 270.145. The notice will include:
    (1) The briefing schedule for the appeal as provided by the Board;
    (2) A statement that any interested person may file an amicus brief 
with the Board; and
    (3) The information specified in Sec. 270.145(c), as appropriate.
    (b) This appeal is a prerequisite to seeking judicial review of 
these EPA actions.



Sec. 270.160  When does my RAP become effective?

    Your RAP becomes effective 30 days after the Director notifies you 
and all commenters that your RAP is approved unless:
    (a) The Director specifies a later effective date in his decision;
    (b) You or another person has appealed your RAP under Sec. 270.155 
(if your RAP is appealed, and the request for review is granted under 
Sec. 270.155, conditions of your RAP are stayed according to Sec. 124.16 
of this chapter); or
    (c) No commenters requested a change in the draft RAP, in which case 
the RAP becomes effective immediately when it is issued.



Sec. 270.165  When may I begin physical construction of new units permitted under the RAP?

    You must not begin physical construction of new units permitted 
under the RAP for treating, storing or disposing of hazardous 
remediation waste before receiving a finally effective RAP.

    How May My RAP Be Modified, Revoked and Reissued, or Terminated?



Sec. 270.170  After my RAP is issued, how may it be modified, revoked and reissued, or terminated?

    In your RAP, the Director must specify, either directly or by 
reference, procedures for future modifications, revocations and 
reissuance, or terminations of your RAP. These procedures must provide 
adequate opportunities for public review and comment on any 
modification, revocation and reissuance, or termination that would 
significantly change your management

[[Page 354]]

of your remediation waste, or that otherwise merits public review and 
comment. If your RAP has been incorporated into a traditional RCRA 
permit, as allowed under Sec. 270.85(c), then the RAP will be modified 
according to the applicable requirements in Secs. 270.40 through 270.42, 
revoked and reissued according to the applicable requirements in 
Secs. 270.41 and 270.43, or terminated according to the applicable 
requirements of Sec. 270.43.



Sec. 270.175  For what reasons may the Director choose to modify my final RAP?

    (a) The Director may modify your final RAP on his own initiative 
only if one or more of the following reasons listed in this section 
exist(s). If one or more of these reasons do not exist, then the 
Director will not modify your final RAP, except at your request. Reasons 
for modification are:
    (1) You made material and substantial alterations or additions to 
the activity that justify applying different conditions;
    (2) The Director finds new information that was not available at the 
time of RAP issuance and would have justified applying different RAP 
conditions at the time of issuance;
    (3) The standards or regulations on which the RAP was based have 
changed because of new or amended statutes, standards or regulations, or 
by judicial decision after the RAP was issued;
    (4) If your RAP includes any schedules of compliance, the Director 
may find reasons to modify your compliance schedule, such as an act of 
God, strike, flood, or materials shortage or other events over which you 
as the owner/operator have little or no control and for which there is 
no reasonably available remedy;
    (5) You are not in compliance with conditions of your RAP;
    (6) You failed in the application or during the RAP issuance process 
to disclose fully all relevant facts, or you misrepresented any relevant 
facts at the time;
    (7) The Director has determined that the activity authorized by your 
RAP endangers human health or the environment and can only be remedied 
by modifying; or
    (8) You have notified the Director (as required in the RAP under 
Sec. 270.30(l)(3)) of a proposed transfer of a RAP.
    (b) Notwithstanding any other provision in this section, when the 
Director reviews a RAP for a land disposal facility under Sec. 270.195, 
he may modify the permit as necessary to assure that the facility 
continues to comply with the currently applicable requirements in parts 
124, 260 through 266 and 270 of this chapter.
    (c) The Director will not reevaluate the suitability of the facility 
location at the time of RAP modification unless new information or 
standards indicate that a threat to human health or the environment 
exists that was unknown when the RAP was issued.



Sec. 270.180  For what reasons may the Director choose to revoke and reissue my final RAP?

    (a) The Director may revoke and reissue your final RAP on his own 
initiative only if one or more reasons for revocation and reissuance 
exist(s). If one or more reasons do not exist, then the Director will 
not modify or revoke and reissue your final RAP, except at your request. 
Reasons for modification or revocation and reissuance are the same as 
the reasons listed for RAP modifications in Sec. 270.175(a)(5) through 
(8) if the Director determines that revocation and reissuance of your 
RAP is appropriate.
    (b) The Director will not reevaluate the suitability of the facility 
location at the time of RAP revocation and reissuance, unless new 
information or standards indicate that a threat to human health or the 
environment exists that was unknown when the RAP was issued.



Sec. 270.185  For what reasons may the Director choose to terminate my final RAP, or deny my renewal application?

    The Director may terminate your final RAP on his own initiative, or 
deny your renewal application for the same reasons as those listed for 
RAP modifications in Sec. 270.175(a)(5) through (7) if the Director 
determines that termination of your RAP or denial of your RAP renewal 
application is appropriate.

[[Page 355]]



Sec. 270.190  May the decision to approve or deny a modification, revocation and reissuance, or termination of my RAP be administratively appealed?

    (a) Any commenter on the modification, revocation and reissuance or 
termination, or any person who participated in any hearing(s) on these 
actions, may appeal the Director's decision to approve a modification, 
revocation and reissuance, or termination of your RAP, according to 
Sec. 270.155. Any person who did not file comments or did not 
participate in any public hearing(s) on the modification, revocation and 
reissuance or termination, may petition for administrative review only 
of the changes from the draft to the final RAP decision.
    (b) Any commenter on the modification, revocation and reissuance or 
termination, or any person who participated in any hearing(s) on these 
actions, may informally appeal the Director's decision to deny a request 
for modification, revocation and reissuance, or termination to EPA's 
Environmental Appeals Board. Any person who did not file comments, or 
did not participate in any public hearing(s) on the modification, 
revocation and reissuance or termination may petition for administrative 
review only of the changes from the draft to the final RAP decision.
    (c) The process for informal appeals of RAPs is as follows:
    (1) The person appealing the decision must send a letter to the 
Environmental Appeals Board. The letter must briefly set forth the 
relevant facts.
    (2) The Environmental Appeals Board has 60 days after receiving the 
letter to act on it.
    (3) If the Environmental Appeals Board does not take action on the 
letter within 60 days after receiving it, the appeal shall be considered 
denied.
    (d) This informal appeal is a prerequisite to seeking judicial 
review of these EPA actions.



Sec. 270.195  When will my RAP expire?

    RAPs must be issued for a fixed term, not to exceed 10 years, 
although they may be renewed upon approval by the Director in fixed 
increments of no more than ten years. In addition, the Director must 
review any RAP for hazardous waste land disposal five years after the 
date of issuance or reissuance and you or the Director must follow the 
requirements for modifying your RAP as necessary to assure that you 
continue to comply with currently applicable requirements in RCRA 
sections 3004 and 3005.



Sec. 270.200  How may I renew my RAP if it is expiring?

    If you wish to renew your expiring RAP, you must follow the process 
for application for and issuance of RAPs in this subpart.



Sec. 270.205  What happens if I have applied correctly for a RAP renewal but have not received approval by the time my old RAP expires?

    If you have submitted a timely and complete application for a RAP 
renewal, but the Director, through no fault of yours, has not issued a 
new RAP with an effective date on or before the expiration date of your 
previous RAP, your previous RAP conditions continue in force until the 
effective date of your new RAP or RAP denial.

                        Operating Under Your RAP



Sec. 270.210  What records must I maintain concerning my RAP?

    You are required to keep records of:
    (a) All data used to complete RAP applications and any supplemental 
information that you submit for a period of at least 3 years from the 
date the application is signed; and
    (b) Any operating and/or other records the Director requires you to 
maintain as a condition of your RAP.



Sec. 270.215  How are time periods in the requirements in this subpart and my RAP computed?

    (a) Any time period scheduled to begin on the occurrence of an act 
or event must begin on the day after the act or event. (For example, if 
your RAP specifies that you must close a staging pile within 180 days 
after the operating term for that staging pile expires, and the 
operating term expires on June 1, then June 2 counts as day one of your 
180 days, and you would have to complete closure by November 28.)

[[Page 356]]

    (b) Any time period scheduled to begin before the occurrence of an 
act or event must be computed so that the period ends on the day before 
the act or event. (For example, if you are transferring ownership or 
operational control of your site, and wish to transfer your RAP, the new 
owner or operator must submit a revised RAP application no later than 90 
days before the scheduled change. Therefore, if you plan to change 
ownership on January 1, the new owner/operator must submit the revised 
RAP application no later than October 3, so that the 90th day would be 
December 31.)
    (c) If the final day of any time period falls on a weekend or legal 
holiday, the time period must be extended to the next working day. (For 
example, if you wish to appeal the Director's decision to modify your 
RAP, then you must petition the Environmental Appeals Board within 30 
days after the Director has issued the final RAP decision. If the 30th 
day falls on Sunday, then you may submit your appeal by the Monday 
after. If the 30th day falls on July 4th, then you may submit your 
appeal by July 5th.)
    (d) Whenever a party or interested person has the right to or is 
required to act within a prescribed period after the service of notice 
or other paper upon him by mail, 3 days must be added to the prescribed 
term. (For example, if you wish to appeal the Director's decision to 
modify your RAP, then you must petition the Environmental Appeals Board 
within 30 days after the Director has issued the final RAP decision. 
However, if the Director notifies you of his decision by mail, then you 
may have 33 days to petition the Environmental Appeals Board.)



Sec. 270.220  How may I transfer my RAP to a new owner or operator?

    (a) If you wish to transfer your RAP to a new owner or operator, you 
must follow the requirements specified in your RAP for RAP modification 
to identify the new owner or operator, and incorporate any other 
necessary requirements. These modifications do not constitute 
``significant'' modifications for purposes of Sec. 270.170. The new 
owner/operator must submit a revised RAP application no later than 90 
days before the scheduled change along with a written agreement 
containing a specific date for transfer of RAP responsibility between 
you and the new permittees.
    (b) When a transfer of ownership or operational control occurs, you 
as the old owner or operator must comply with the applicable 
requirements in part 264, subpart H (Financial Requirements), of this 
chapter until the new owner or operator has demonstrated that he is 
complying with the requirements in that subpart. The new owner or 
operator must demonstrate compliance with part 264, subpart H, of this 
chapter within six months of the date of the change in ownership or 
operational control of the facility or remediation waste management 
site. When the new owner/operator demonstrates compliance with part 264, 
subpart H, of this chapter to the Director, the Director will notify you 
that you no longer need to comply with part 264, subpart H, of this 
chapter as of the date of demonstration.



Sec. 270.225  What must the State or EPA Region report about noncompliance with RAPs?

    The State or EPA Region must report noncompliance with RAPs 
according to the provisions of Sec. 270.5.

                Obtaining a RAP for an Off-Site Location



Sec. 270.230  May I perform remediation waste management activities under a RAP at a location removed from the area where the remediation wastes originated?

    (a) You may request a RAP for remediation waste management 
activities at a location removed from the area where the remediation 
wastes originated if you believe such a location would be more 
protective than the contaminated area or areas in close proximity.
    (b) If the Director determines that an alternative location, removed 
from the area where the remediation waste originated, is more protective 
than managing remediation waste at the area of contamination or areas in 
close proximity, then the Director may approve a RAP for this 
alternative location.

[[Page 357]]

    (c) You must request the RAP, and the Director will approve or deny 
the RAP, according to the procedures and requirements in this subpart.
    (d) A RAP for an alternative location must also meet the following 
requirements, which the Director must include in the RAP for such 
locations:
    (1) The RAP for the alternative location must be issued to the 
person responsible for the cleanup from which the remediation wastes 
originated;
    (2) The RAP is subject to the expanded public participation 
requirements in Secs. 124.31, 124.32, and 124.33 of this chapter;
    (3) The RAP is subject to the public notice requirements in 
Sec. 124.10(c) of this chapter;
    (4) The site permitted in the RAP may not be located within 61 
meters or 200 feet of a fault which has had displacement in the Holocene 
time (you must demonstrate compliance with this standard through the 
requirements in Sec. 270.14(b)(11)) (See definitions of terms in 
Sec. 264.18(a) of this chapter);

    Note to paragraph (d)(4): Sites located in political jurisdictions 
other than those listed in Appendix VI of part 264 of this chapter, are 
assumed to be in compliance with this requirement.

    (e) These alternative locations are remediation waste management 
sites, and retain the following benefits of remediation waste management 
sites:
    (1) Exclusion from facility-wide corrective action under 
Sec. 264.101 of this chapter; and
    (2) Application of Sec. 264.1(j) of this chapter in lieu of part 
264, subparts B, C, and D, of this chapter.



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

[[Page 358]]

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.
    (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.

[[Page 359]]

 
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.
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..............  Dec. 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.
Apr. 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.
Aug. 26, 1996.........  Emergency Revision of the Land   61 FR 43931....................  Aug. 26, 1996 until
                         Disposal Restrictions (LDR)                                       Aug. 26, 1997.
                         Phase III Treatment Standards
                         for Listed Hazardous Wastes
                         from Carbamate Production.
May 12, 1997..........  Land Disposal Restrictions for   62 FR 26040....................  Aug. 11, 1997.
                         Wood Preserving Wastes and
                         Paperwork Reductions.
June 17, 1997.........  Vacated Carbamate wastes.......  62 FR 32979....................  Aug. 9, 1995.

[[Page 360]]

 
Aug. 28, 1997.........  Second Emergency Revision of     62 FR 45572....................  Aug. 26, 1997 until
                         the Land Disposal Restrictions                                    Aug. 26, 1998.
                         (LDR) Phase III Treatment
                         Standards for Listed Hazardous
                         Wastes from Carbamate
                         Production..
May 4, 1998...........  Listing of Organobromine         63 FR 24627....................  Nov. 4, 1998.
                         Production Wastes.
May 26, 1998..........  Land Disposal Restrictions       63 FR 28753....................  Aug. 24, 1998.
                         Phase IV Final Rule.
Aug. 6, 1998..........  Petroleum Refining Process       63 FR 42188....................  Feb. 8, 1999.
                         Wastes.
Sept. 4, 1998.........  Emergency Revision of the Land   63 FR 47418....................  Sept. 4, 1998.
                         Disposal Restrictions (LDR)
                         Phase III Treatment Standards
                         for Listed Hazardous Wastes
                         from Carbamate Production.
Sept. 21, 1998........  Treatment Standards for          63 FR 51267....................  Sept. 21, 1998.
                         Hazardous Waste K088.
Nov. 30, 1998.........  Hazardous Remediation Waste      63 FR 65947....................  June 1, 1999.
                         Management Requirements \5\.
Sept. 30, 1999........  Standards for Hazardous Air      64 FR 53077....................  Sept. 30, 1999.
                         Pollutants for Hazardous Waste
                         Combustors.
Mar. 17, 2000.........  Vacated Organobromine wastes...  65 FR 14475....................  Nov. 4, 1998.
----------------------------------------------------------------------------------------------------------------
\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.
\5\ These regulations implement HSWA only to the extent that they apply to the standards for staging piles and
  to Secs.  264.1(j) and 264.101(d) of this chapter.


            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.
    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.

[[Page 361]]

 
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.
Apr. 8, 1996..........  Prohibition on land disposal of  3004(m)........................  Apr. 8, 1996, 61 FR
                         K088 wastes.                                                      15660.
July 8, 1996..........  Prohibition on land disposal of  3004(m)........................  Apr. 8, 1996, 61 FR
                         carbamate wastes.                                                 15660.
July 8, 1996..........  Prohibition on land disposal of  3004(m)........................  June 17, 1997, 62 FR
                         carbamate wastes (Vacated                                         32979
                         wastes).
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.
Oct. 8, 1996..........  Prohibition on land disposal of  3004(m)........................  Apr. 8, 1998, 61 FR
                         K088 wastes.                                                      15660.
Dec. 6, 1996..........  Air Emission Standards for       3004(n)........................  Dec. 6, 1994, 59 FR
                         Tanks, Surface Impoundments,                                      62896-62953.
                         and Containers.
Aug. 11, 1997.........  Prohibition on land disposal of  3004(g)(4)(c) and 3004 (m).....  May 12, 1997,
                         wood preserving wastes.                                          62 FR 26040
Apr. 8, 1998..........  Prohibition on disposal of       3304(g)(4)(c) and 3004(m)......  June 17, 1997, 62 FR
                         radioactive waste mixed with                                      32979
                         newly listed or identified
                         wastes, including soil and
                         debris (Vacated carbamate
                         wastes).
Aug. 24, 1998.........  Prohibition on land disposal of  3004(m)........................  May 26, 1998, 63 FR
                         newly identified wastes,                                          28753
                         including TC metal wastes and
                         characteristic mineral
                         processing wastes; treatment
                         standards for contaminated
                         soil..

[[Page 362]]

 
Sept. 4, 1998.........  Emergency Revision of the Land   3004(m)........................  Sept. 4, 1998, 63 FR
                         Disposal Restrictions (LDR)                                       47418.
                         Phase III Treatment Standards
                         for Listed Hazardous Wastes
                         from Carbamate Production.
Sept. 21, 1998........  Prohibition on land disposal of  3004(g)(4)(C) and 3004(m)......  Sept. 24, 1998, 63 FR
                         K088 wastes, and prohibition                                      51267
                         on land disposal of
                         radioactive waste mixed with
                         K088 wastes, including soil
                         and debris.
Nov. 4, 1998..........  Prohibition on land disposal of  3004(g)(4)(C) and 3004(m)......  May 4, 1998, 63 FR
                         newly listed and identified                                       24596
                         wastes..
Nov. 4, 1998..........  Prohibition on land disposal of  3004(m) 3004(g)(4)(C) and        May 4, 1998, 63 FR
                         radioactive waste mixed with     3004(m).                         24596
                         the newly listed and
                         identified wastes, including
                         soil and debris.
Nov. 4, 1998..........  Prohibition on land disposal of  3004(g)(4)(c) and 3004(m)......  Mar. 17, 2000, 65 FR
                         organobromine waste (Vacated                                      14475
                         wastes).
Nov. 4, 1998..........  Prohibition on land disposal of  3004(m) and 3004(g)(4)(c)......  Mar. 17, 2000, 65 FR
                         radioactive waste mixed with                                      14475
                         the newly listed and
                         identified wastes, including
                         soil and debris (Vacated
                         organobromine wastes).
Feb. 8, 1999..........  Prohibition on land disposal of  3004(g)(4)(C) and 3004(m)......  Aug. 6, 1998, 63 FR
                         newly listed and identified                                       42188
                         wastes; and prohibition on
                         land disposal of radioactive
                         waste mixed with the newly
                         listed or identified wastes,
                         including soil and debris.
May 12, 1999..........  Prohibition on land disposal of  3004(m)........................  May 12, 1997, 62 FR
                         radioactive waste and soil and                                    26040.
                         debris mixed with wood
                         preserving wastes.
May 26, 2000..........  Prohibition on land disposal of  3004(m)........................  May 26, 1998, 63 FR
                         newly identified wastes from                                      28753
                         elemental phosphorus
                         processing and mixed
                         radioactive and newly
                         identified TC metal/mineral
                         processing wastes (including
                         soil and debris)..
                        Prohibition on underground
                         injection of newly identified
                         mineral processing wastes from
                         titanium dioxide production..
----------------------------------------------------------------------------------------------------------------
\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.



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.

[[Page 363]]

    (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 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.

[[Page 364]]

    (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:
    (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

[[Page 365]]

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 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

[[Page 366]]

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 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

[[Page 367]]

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 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;

[[Page 368]]

    (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
    (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

[[Page 369]]

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]



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);

[[Page 370]]

    (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);
    (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

[[Page 371]]

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 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

[[Page 372]]

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.
    (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.
    (e) Any State authority used to issue an enforceable document either 
in lieu of a post-closure permit as provided in 40 CFR 270.1(c)(7), or 
as a source of alternative requirements for regulated units, as provided 
under 40 CFR 264.90(f), 264.110(c), 264.140(d), 265.90(d), 265.110(d), 
and 265.140(d), shall have available the following remedies:
    (1) Authority to sue in courts of competent jurisdiction to enjoin 
any threatened or continuing violation of the requirements of such 
documents, as well as authority to compel compliance with requirements 
for corrective action or other emergency response measures deemed 
necessary to protect human health and the environment; and
    (2) Authority to access or sue to recover in court civil penalties, 
including fines, for violations of requirements in such documents.

(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; 63 FR 56735, Oct. 22, 1998]



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

[[Page 373]]

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).



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 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; 65 
FR 30913, May 15, 2000]



Sec. 271.20  Approval process.

    (a) Prior to submitting an application to EPA for approval of a 
State program, the State shall issue public

[[Page 374]]

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;
    (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

[[Page 375]]

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:
    (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

[[Page 376]]

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.)
    (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.

[[Page 377]]

    (h) Abbreviated authorization revisions. This abbreviated procedure 
applies to State Program revisions for the Federal rulemakings listed in 
Table 1 of this section. The abbreviated procedures are as follows:
    (1) An application for a revision of a State's program for the 
rulemakings listed in Table 1 of this section shall consist of:
    (i) A statement from the State that its laws and regulations provide 
authority that is equivalent to, and no less stringent than, the 
designated minor rules or parts of rules specified in Table 1 of this 
section, and which includes references to the specific statutes, 
administrative regulations and where appropriate, judicial decisions. 
State statutes and regulations cited in the statement shall be lawfully 
adopted at the time the statement is signed and fully effective by the 
time the program revisions are approved; and
    (ii) Copies of all applicable State statutes and regulations.
    (2) Within 30 days of receipt by EPA of a State's application for 
final authorization to implement a rule specified in Table 1 of this 
section, if the Administrator determines that the application is not 
complete or contains errors, the Administrator shall notify the State. 
This notice will include a concise statement of the deficiencies which 
form the basis for this determination. The State will address all 
deficiencies and resubmit the application to EPA for review.
    (3) For purposes of this section an application is considered 
incomplete when:
    (i) Copies of applicable statutes or regulations were not included;
    (ii) The statutes or regulations relied on by the State to implement 
the program revisions are not lawfully adopted at the time the statement 
is signed or fully effective by the time the program revisions are 
approved;
    (iii) In the statement, the citations to the specific statutes, 
administrative regulations and where appropriate, judicial decisions are 
not included or incomplete; or
    (iv) The State is not authorized to implement the prerequisite RCRA 
rules as specified in paragraph (h)(5) of this section.
    (4) Within 60 days after receipt of a complete final application 
from a State for final authorization to implement a rule or rules 
specified in Table 1 of this section, the Administrator shall publish a 
notice of the decision to grant final authorization in accordance with 
the procedures for immediate final publication in paragraph (b)(3) of 
this section.
    (5) To be eligible to use the procedure in this paragraph (h), a 
State must be authorized for the provisions which the rule listed in 
Table 1 to this section amends.

                         Table 1 to Sec.  271.21
------------------------------------------------------------------------
                                                       Federal Register
       Title of regulation         Promulgation date       reference
------------------------------------------------------------------------
Land Disposal Restrictions Phase  Sept. 19, 1994....  59 FR 47982
 II--the Universal Treatment
 Standards in Secs.  268.40 and
 268.48 of this chapter only.
------------------------------------------------------------------------


[48 FR 14248, Apr. 1, 1983, as amended at 51 FR 7542, Mar. 4, 1986; 51 
FR 33722, Sept. 22, 1986; 63 FR 65947, Nov. 30, 1998]



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

[[Page 378]]

    (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:
    (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

[[Page 379]]

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);
    (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.

[[Page 380]]

    (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 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

[[Page 381]]

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 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]

[[Page 382]]

                          Subpart F--California

272.250--272.299  [Reserved]

                           Subpart G--Colorado

272.300--272.349  [Reserved]

                         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  [Reserved]
272.501  Florida State-administered program: Final authorization.
272.502--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  Idaho 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  [Reserved]
272.951  Louisiana State-administered program: Final authorization.
272.952--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]

[[Page 383]]

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]

                        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  [Reserved]
272.2201  Texas State-administered program: Final authorization.
272.2202--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

[[Page 384]]

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 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

[[Page 385]]

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]



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.

[[Page 386]]

    (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, 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

[[Page 387]]

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 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



Sec. 272.500  [Reserved]



Sec. 272.501  Florida State-administered program: Final authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Florida 
has final authorization for the following elements as submitted to EPA 
in Florida's base program application for final authorizations which was 
approved by EPA effective on February 12, 1985. Subsequent program 
revision applications were approved and effective January 30, 1988; 
October 30, 1988; January 3, 1989; February 12, 1991; April 6, 1992; 
April 7, 1992; July 20, 1992; January 10, 1994; September 9, 1994; 
October 17, 1994; December 27, 1994; and June 2, 1997.
    (b) State Statutes and Regulations. (1) The Florida 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 Florida's Statutory Requirements Applicable to the 
Hazardous Waste Management Program, dated December 1997.
    (ii) EPA Approved Florida's Regulatory Requirements Applicable to 
the Hazardous Waste Management Program, dated December 1997.
    (2) The following statutes and regulations concerning State 
procedures and enforcement, although not incorporated by reference, are 
part of the authorized State program:
    (i) Florida Statutes, 1993, Chapter 119: 119.01; 119.011; 119.0115 
through 119.031; 119.041; 119.05; 119.06; 119.07(1), (2), (3)(a)-(j), 
(3)(k)(1) first sentence, (3)(l)-(u), (4), (5), and (8); 119.072; 
119.08(1)(a), (2) and (3); 119.085; 119.09; 119.092; 119.10; and 119.11 
through 119.14.

[[Page 388]]

    (ii) Florida Statutes, 1993, Chapter 120: 120.53; 120.57; 120.59; 
120.68; and 120.69.
    (iii) Florida Statutes, 1993, Chapter 403: 403.021(1)-(9); 
403.051(1) and (2); 403.061(21); 403.087(1) second and third sentences, 
(2)-(4), and (8); 403.0875; 403.091; 403.121; 403.131; 403.141(1) and 
(2); 403.151; 403.161; 403.201(1)-(3); 403.412; 403.702; 403.703(1); 
403.704 (except (8), (11), (20)-(23), (25), and (31)); 403.721(1); 
403.721(2)-(4) (except (4)(a)); 403.721(5); 403.721(6)(a)-(g), (j), (k); 
403.721(7); 403.722(7) and (9)-(11); 403.7222(3); 403.724(3)-(6); 
403.726 (except 403.726(3)); 403.73; 403.7545; 403.8055; and 403.814.
    (iv) Florida Statutes, 1994 Supplement to 1993, Chapter 403: 
403.061(14); 403.088; 403.707; 403.722(12); 403.7222(3); and 403.727.
    (v) Florida Administrative Code, Chapter 62-4, effective July 4, 
1995: 62-4.050(1)-(3); 62-4.070(4); and 62-4.070(5).
    (vi) Florida Administrative Code, Chapter 62-103, effective October 
20, 1996: 62-103.150; and 62-103.155.
    (vii) Florida Administrative Code, Chapter 62-730, effective 
September 7, 1995: 62-730.020(2); 62-730.184; 62-730.200(3); 62-
730.220(4); 62-730.220(9); 62-730.231(10); 62-730.240(3); and 62-
730.310.
    (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) Florida Statutes, 1993, Chapter 403: 403.087(5); 403.201(4) 
(only the phrase ``may require by rule a processing fee for and''); 
403.704(8); 403.721(4)(a); 403.7215(1)-(4); 403.722(8); 403.723; 
403.724(7); 403.754(1)-(7); 403.767(1)-(3)(c); 403.78 through 403.7893; 
and 403.7895.
    (ii) Florida Administrative Code, Chapter 62-4, effective July 4, 
1995: 17-4.050(4)(k), (n)-(p), (r) and (s)-(x); 62-4.050(5)-(7).
    (iii) Florida Administrative Code, Chapter 62-730, effective 
September 7, 1995: 62-730.170(2) and (3);62-730.180(10); 62-730.290 
(only the phrase ``and submittal of the appropriate permit modification 
fee'').
    (4) Unauthorized State Provisions. The State's adoption of the 
following Federal rules is not approved by EPA and are, therefore, not 
enforceable:

----------------------------------------------------------------------------------------------------------------
                                                                                                     Publication
           Federal requirement                            Federal Register reference                     date
----------------------------------------------------------------------------------------------------------------
HSWA Codification Rule: Corrective        50 FR 28702..............................................      7/15/85
 Action (Checklist 17 L).
HSWA Codification Rule 2: Corrective      52 FR 45788..............................................      12/1/87
 Action Beyond Facility Boundary
 (Checklist 44 B); Corrective Action for
 Injection Wells (Checklist 44 C); and
 Permit Modification (Checklist 44 D).
Burning of Hazardous Waste in Boilers     56 FR 7134...............................................      2/12/91
 and Industrial Furnaces (Checklist 85).
Burning of Hazardous Waste in Boilers     56 FR 32688..............................................       7/1/91
 and Industrial Furnaces; Corrections
 and Technical Amendments I (Checklist
 94).
Burning of Hazardous Waste in Boilers     56 FR 42504..............................................      8/27/91
 and Industrial Furnaces; Technical
 Amendments II (Checklist 96).
Coke Ovens Administrative Stay            56 FR 43874..............................................       9/5/91
 (Checklist 98).
Recycled Coke By-Product Exclusion        57 FR 27880..............................................      6/22/92
 (Checklist 105).
Burning Hazardous Waste in Boilers and    57 FR 38558..............................................      8/25/92
 Industrial Furnaces; Technical
 Amendment III (Checklist 111).
Recycled Used Oil Management Standards    57 FR 41566: Amendments to 40 CFR Parts 260, 261, and 266      9/10/92
 (Checklist 112).
Burning of Hazardous Waste in Boilers     57 FR 44999..............................................      9/30/92
 and Industrial Furnaces; Technical
 Amendment IV (Checklist 114).
Corrective Action Management Units and    58 FR 8658...............................................      2/16/93
 Temporary Units (Checklist 121).
Recycled Used Oil Management Standards;   58 FR 26420: Amendments to 40 CFR Parts 261, 264, and 265       5/3/93
 Technical Amendments and Corrections I
 (Checklist 122).
----------------------------------------------------------------------------------------------------------------

    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region IV and the Florida Department of Environmental Protection, signed 
by the EPA Regional Administrator on October 23, 1993, as amended on 
November 28, 1994, and on December 9, 1994, is referenced as part of the 
authorized hazardous waste management program under Subtitle C of RCRA, 
42 U.S.C. 6921 et seq.

[[Page 389]]

    (6) Statement of Legal Authority. ``Attorney General's Statement for 
Final Authorization'' certifications signed by the General Counsel of 
Florida on June 21, 1984; March 12, 1987; June 16, 1988; February 21, 
1989; May 30, 1989; June 13, 1990; May 28, 1991; October 9, 1991; July 
14, 1992; September 24, 1993; December 20, 1993; February 27, 1994; 
January 25, 1996; and May 20, 1996, is referenced as part of the 
authorized hazardous waste management program under Subtitle C of RCRA, 
42 U.S.C. 6921.
    (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.

[63 FR 2898, Jan. 20, 1998]



Secs. 272.502--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. 272.651  Idaho State-administered program: Final authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Idaho 
has final authorization for the following elements as submitted to EPA 
in Idaho's base program application for final authorization which was 
approved by EPA effective on April 9, 1990. Subsequent program revision 
applications were approved effective on June 5, 1992, August 10, 1992, 
June 11, 1995, and January 19, 1999.
    (b) State statutes and regulations. (1) 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.
    (i) The EPA Approved Idaho Statutory Requirements Applicable to the 
Hazardous Waste Management Program, dated April 1999.
    (ii) The EPA Approved Idaho Regulatory Requirements Applicable to 
the Hazardous Waste Management Program, dated April 1999.
    (2) The following statutes and regulations concerning State 
procedures and enforcement, although not incorporated by reference, are 
part of the authorized State program:
    (i) Idaho Code (I.C.) containing the General Laws of Idaho 
Annotated, Volume 7A, Title 39, Chapter 44, ``Hazardous Waste 
Management'', published in 1993 by the Michie Company, Law Publishers, 
Charlottesville, Virginia: sections 39-4404; 39-4405 (except 39-
4405(8)); 39-4406; 39-4407; 39-4408(4); 39-4409(2) (except first 
sentence); 39-4409(3); 39-4409(4) (first sentence); 39-4410; 39-4412 
through 39-4416; 39-4418; 39-4419; 39-4421; 39-4422; and 39-4423(3) 
(a)&(b).
    (ii) 1996 Cumulative Pocket Supplement to the Idaho Code, Volume 7A, 
Title 39, Chapter 44, ``Hazardous Waste Management'', published in 1996 
by the Michie Company, Law Publishers, Charlottesville, Virginia: 
sections 39-4411(1); 39-4411(3); and 39-4411(6).
    (iii) Idaho Code (I.C.) containing the General Laws of Idaho 
Annotated, Volume 7A, Title 39, Chapter 58, ``Hazardous Waste Facility 
Siting Act'', published in 1993 by the Michie Company, Law Publishers, 
Charlottesville, Virginia: sections 39-5804; 39-5809; 39-5810; 39-
5813(2); 39-5814; 39-5816; 39-5817; and 39-5818(1).
    (iv) Idaho Code (I.C.) containing the General Laws of Idaho 
Annotated, Volume 2, Title 9, Chapter 3, ``Public Writings'', published 
in 1990 by the Michie Company, Law Publishers, Charlottesville, 
Virginia: sections 9-337(10); 9-337(11); 9-338; 9-339; and 9-344(2).
    (v) 1994 Cumulative Pocket Supplement to the Idaho Code (I.C.), 
Volume 2, Title 9, Chapter 3, ``Public Writing'', published in 1994 by 
the Michie Company, Law Publishers, Charlottesville, Virginia: sections 
9-340 and 9-343.
    (vi) Idaho Department of Health and Welfare Rules and Regulations, 
Idaho Administrative Code, IDAPA 16, Title

[[Page 390]]

1, Chapter 5, ``Rules and Standards for Hazardous Waste'', as published 
on July 1, 1997: sections 16.01.05.000; 16.01.05.356.02 through 
16.01.05.356.05; 16.01.05.800; 16.01.05.850; 16.01.05.996; 16.01.05.997; 
and 16.01.05.999.
    (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) Idaho Code containing the General Laws of Idaho Annotated, 
Volume 7A, Title 39, Chapter 44, ``Hazardous Waste Management'', 
published in 1993 by the Michie Company, Law Publishers, 
Charlottesville, Virginia: sections 39-4428 and 39-4429.
    (ii) 1996 Cumulative Pocket Supplement to the Idaho Code, Volume 7A, 
Title 39, Chapter 44, ``Hazardous Waste Management'', published in 1994 
by the Michie Company, Law Publishers, Charlottesville, Virginia: 
sections 39-4403 (6)&(14) and 39-4427.
    (iii) Idaho Code containing the General Laws of Idaho Annotated, 
Volume 7A, Title 39, Chapter 58, ``Hazardous Waste Siting Act'', 
published in 1993 by the Michie Company, Law Publishers, 
Charlottesville, Virginia: section 39-5813(3).
    (iv) Idaho Department of Health and Welfare Rules and Regulations, 
Idaho Administrative Code, IDAPA 16, Title 1, Chapter 5, ``Rules and 
Standards for Hazardous Waste'', as published on July 1, 1997: sections 
16.01.05.355; and 16.01.05.500.
    (4) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 10 and the Division of Environmental Quality, signed by the EPA 
Regional Administrator on October 6, 1998, 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 Idaho on July 
5, 1988 and revisions, supplements and addenda to that Statement dated 
July 3, 1989, February 13, 1992, December 29, 1994, September 16, 1996, 
and October 3, 1997 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.

[64 FR 34136, June 25, 1999]



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

[[Page 391]]

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 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,

[[Page 392]]

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]



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).

[[Page 393]]

    (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 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  [Reserved]



Sec. 272.951  Louisiana State-administered program: Final authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), 
Louisiana has final authorization for the following elements as 
submitted to EPA in Louisiana's base program application for final 
authorizations which was approved by EPA effective on February 7, 1985. 
Subsequent program revision applications were approved effective on 
January 29, 1990, October 25, 1991, January 23, 1995, March 8, 1995, 
January 2, 1996, June 11, 1996 and March 16, 1998.

                     State Statutes and Regulations

    (1) The Louisiana 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 Louisiana Statutory Requirements Applicable to the 
Hazardous Waste Management Program, dated June, 1997.
    (ii) EPA Approved Louisiana Regulatory Requirements Applicable to 
the Hazardous Waste Management Program, dated June, 1997.
    (2) The following statutes and regulations concerning State 
procedures and enforcement, although not incorporated by reference, are 
part of the authorized State program:
    (i) Louisiana Statutes Annotated, Revised Statutes, 1989, Volume 
17B, Subtitle II of Title 30, Louisiana Environmental Quality Act, 1989: 
Chapter 2,

[[Page 394]]

Sections 2011.A(1)&(2), 2011.B, 2011.C (except 2011.C(1)(a)), 2011.D 
(introductory paragraph), 2011.D(1)-(3), 2011.D(5)-(9), 2011.D(13)-(15), 
2011.D(17)&(18), 2011.D(21) (except 2011.D(21)(e)), 2011.D(22), 
2011.E-.G, 2012 (except 2012.F(4) and 2012.G), 2013, 2014.A, 2019.A&.B, 
2020 through 2021, 2023, 2024.B-.C, 2025.A-.D, 2025.E(2)-(5), 2025.F 
(introductory paragraph), 2025.F(1)-(4), 2025.G-.I, 2026, 2027.C, 2028, 
2029, 2033, 2037; Chapter 3, Sections 2054.B(1), 2054.B(2)(a); Chapter 
9, sections 2174, 2175, 2180.A (introductory paragraph), 2180.A(2)-(8), 
2180.B-.C, 2181-2182, 2183.C, 2183.F, 2183.G (except 2183.G(3)), 2183.H, 
2186, 2187, 2188.A, 2188.C, 2189, 2190.A-.D, 2191.A-.C, 2192.A, 2192.B 
(except 2192.B(4)), 2192.C, 2196, 2199 through 2200, 2203.B-.C, 
2204.A(2), and 2204.B.
    (ii) Louisiana Statutes Annotated, Revised Statutes, 1992 Cumulative 
Annual Pocket Part, Volume 17B, Subtitle II of Title 30, Louisiana 
Environmental Quality Act: Chapter 2, section 2011.C(1)(a), 
2011.D(21)(e), 2012.F(4), 2012.G, 2018, 2019.C, 2022 (except the first 
sentence of 2022.A), 2024.A&.D, 2025.E(1), 2025.J, 2027.A&.B; Chapter 9, 
sections 2180.A(1), 2183.G(3), 2192.B(4).
    (iii) Louisiana Administrative Code, Title 33, Part V, Hazardous 
Waste and Hazardous Materials, Amendments through June 1995: Chapter 1, 
sections 101, 107.A-.C; Chapter 3, Sections 301.A&.B, 311.A, 311.C, 315 
(introductory paragraph), 323.B.3; Chapter 5, Section 503; Chapter 7, 
Sections 703, 705 and 707 through 721.
    (iv) Louisiana Administrative Code, Title 33, Part V, Hazardous 
Waste and Hazardous Materials, Amendments for July 1995--March 1996: 
Chapter 3, Section 323.B.4.d. & e.
    (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) Louisiana Statutes Annotated, Revised Statutes, 1989, Volume 
17B, Subtitle II of Title 30, Louisiana Environmental Quality Act, 1989: 
Chapter 2, sections 2014.B.-D.
    (ii) Louisiana Statutes Annotated, Revised Statutes, 1992 Cumulative 
Annual Pocket Part, Volume 17B, Subtitle II of Title 30, Louisiana 
Environmental Quality Act: Sections 2178 and 2197.
    (iii) Louisiana Administrative Code, Title 33, Part V, Hazardous 
Waste and Hazardous Materials, Amendments through June 1995: 327, 1313, 
and Chapter 51.
    (4) Unauthorized State Amendments. The following authorized 
provisions of the Louisiana regulations include amendments published in 
the Louisiana Register that are not approved by EPA. Such unauthorized 
amendments are not part of the State's authorized program and are, 
therefore, not Federally enforceable. Thus, notwithstanding the language 
in the Louisiana hazardous waste regulations incorporated by reference 
at Sec. 272.951(b)(1), EPA will only enforce the authorized State 
provisions with the effective dates indicated in the table below. The 
actual State regulatory text authorized by EPA for the listed provisions 
are available as a separate document, Addendum to the EPA-Approved 
Louisiana Regulatory and Statutory Requirements Applicable to the 
Hazardous Waste Management Program, June, 1997. Copies of the document 
can be obtained from EPA Region 6, 1445 Ross Avenue, Dallas, Texas 
75202-2733, Phone number: (214) 665-8533.

[[Page 395]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                         Unauthorized state amendments
          State provision                 Effective date of authorized provision     -------------------------------------------------------------------
                                                                                              State reference                    Effective date
--------------------------------------------------------------------------------------------------------------------------------------------------------
LAC Sec.  109 ``Industrial           November 20, 1988..............................  LR 18:1375                       December 20, 1992.
 furnace'' introductory paragraph.
LAC Sec.  303.K.1 (previously LHWR   July 20, 1984..................................  LR 14:790                        November 20, 1988.
 Sec.  3.2(k)(1)).
LAC Sec.  901 (LHWR Sec.  6.1).....  March 20, 1984.................................  LR 20:1000                       September 20, 1994.
LAC Sec.  1111.B.1.c (previously     March 20, 1984.................................  LR 16:220                        March 20, 1990.
 LHWR Sec.  7.6(b)(1)).
LAC Sec.  1113 (previously LHWR      March 20, 1984.................................  LR 16:220                        March 20, 1990.
 Sec.  7.7).                                                                          LR 20:1000                       September 20, 1994.
                                                                                      LR 20:1109                       October 20, 1994.
LAC Sec.  2511.B (previously LHWR    March 20, 1984.................................  LR 16:1057                       December 20, 1990.
 Sec.  14.6(b)).
LAC Sec.  3105.A...................  November 21, 1988..............................  LR 18:1256                       November 20, 1992.
                                                                                      LR 18:1375                       December 20, 1992.
                                                                                      LR 20:1000                       September 20, 1994.
LAC Sec.  3309 (previously LHWR      July 20, 1984..................................  LR 16:614                        July 20, 1990.
 Sec.  18.5).
LAC Sec.  3707.F.1 (previously LHWR  August 20, 1987................................  LR 18:723                        July 20, 1992.
 20.4(f)(1)).
LAC Sec.  3707.F.2 (previously LHWR  August 20, 1987................................  LR 18:723                        July 20, 1992.
 20.4(f)(2)).
LAC Sec.  3711.F.1.................  November 21, 1988..............................  LR 18:723                        July 20, 1992.
LAC Sec.  3711.F.2.................  November 21, 1988..............................  LR 18:723                        July 20, 1992.
LAC Sec.  3711.G (previously LHWR    March 20, 1984.................................  LR 18:723                        July 20, 1992.
 20.4(g)).
LAC Sec.  3715.F.1 (previously LHWR  March 20, 1984.................................  LR 18:723                        July 20, 1992.
 Sec.  20.8(f)(1)).
LAC Sec.  4141.....................  March 20, 1992.................................  LR 18:1375                       December 20, 1992.
LAC Sec.  4307 (previously LHWR      March 20, 1984.................................  LR 21:944                        September 20, 1995.
 Sec.  23.4).
LAC Sec.  4397.B...................  August 20, 1987................................  LR 21:266                        March 20, 1995.
LAC Sec.  4403.E.1.................  March 20, 1990.................................  LR 18:723                        July 20, 1992.
LAC Sec.  4403.E.2.................  November 21, 1988..............................  LR 18:723                        July 20, 1992.
LAC Sec.  4403.F (previously LHWR    March 20, 1984.................................  LR 18:723                        July 20, 1992.
 Sec.  23.52(f)).
LAC Sec.  4407.A.12 (previously      March 20, 1984.................................  LR 13:433                        August 20, 1987.
 LHWR Sec.  23.54(a)(12)).                                                            LR 18:723                        July 20, 1992.
LAC Sec.  4407.E.1&.2..............  August 20, 1987................................  LR 18:723                        July 20, 1992.
LAC Sec.  4407.F (previously LHWR    March 20, 1984.................................  LR 18:723                        July 20, 1992.
 Sec.  23.54(f)).
LAC Sec.  4503.B introductory        March 20, 1984.................................  LR 16:1057                       December 20, 1990.
 paragraph (previously LHWR Sec.
 23.102(b)).
LAC Sec.  4513.A...................  March 20, 1990.................................  LR 18:1375                       December 20, 1992.
                                                                                      LR 20:1000                       September 20, 1994.
LAC Sec.  4901.D.3.................  September 20, 1994.............................  LR 21:266                        March 20, 1995.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 396]]

    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 6 and the Louisiana Department of Environmental Quality--
Hazardous Waste Division, signed by the EPA Regional Administrator on 
December 18, 1995, 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 Louisiana on 
May 10, 1989 and revisions, supplements and addenda to that Statement 
dated May 13, 1991, May 3, 1994, December 2, 1994, May 31, 1995, July 
24, 1995, and November 30, 1995, 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.

[62 FR 67583, Dec. 29, 1997]



Secs. 272.952--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 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]

[[Page 397]]



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, Waste, 
Pesticides and Toxics Division, Program Management Branch, 7th floor, 77 
West Jackson Boulevard, Chicago, IL. Phone: Ms. Judy Feigler, (312) 886-
4179; and at the Office of the Federal Register, 800 North Capitol 
Street, NW., room 700, 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. 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

[[Page 398]]

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; 62 FR 1834, Jan. 14, 1997]



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]



                         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,

[[Page 399]]

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), 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

[[Page 400]]

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, 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

[[Page 401]]

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 January 25, 1985. Subsequent program 
revision applications were approved effective on April 10, 1990, July 
25, 1990, December 4, 1992, August 23, 1994, December 21, 1994, July 10, 
1995, January 2, 1996, March 10, 1997 and June 13, 1998.
    (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) The EPA Approved New Mexico Statutory Requirements Applicable to 
the Hazardous Waste Management Program, dated September 1997.
    (ii) The EPA Approved New Mexico Regulatory Requirements Applicable 
to the Hazardous Waste Management Program, dated September 1997.
    (2) The following statutes and regulations concerning State 
enforcement, although not incorporated by reference, are part of the 
authorized State program:
    (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) Title 20, Chapter 4, Part 1, New Mexico Administrative Code 
(20 NMAC 4.1), effective November 11, 1995, Subpart IX, Section 4.1.901 
(except 4.1.901.B.1 through 4.1.901.B.6); and Subpart X, Sections 
4.1.1101, 4.1.1105, 4.1.1106, and 4.1.1109.
    (3)(i) The following statutory 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 (i) 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 Repot....................  48 FR 3977..........        01/28/83
Permit Rules; Settlement Agreement  48 FR 39611.........        09/01/83
Interim Status Standards;           48 FR 52718.........        11/22/83
 Applicability.

[[Page 402]]

 
Chlorinated Aliphatic Hydrocarbon   49 FR 5308..........        02/10/84
 Listing (F024).
National Uniform Manifest.........  49 FR 10490.........        03/20/84
Recycled Used Oil Management        57 FR 41566:                09/10/92
 Standards.                          Amendments to 40
                                     CFR Parts 260, 261
                                     and 266.
                                    58 FR 26420:                05/03/93
                                     Amendments to 40
                                     CFR Parts 261, 264
                                     and 265.
Revision of Conditional Exemption   59 FR 8362..........        02/18/94
 for Small Scale Treatability
 Studies.
Letter of Credit Revision.........  59 FR 29958.........        06/10/94
------------------------------------------------------------------------

    (ii) Additionally, New Mexico has adopted but is not authorized to 
implement the HSWA rules that are listed below in lieu of EPA. The 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
------------------------------------------------------------------------
Toxicity..........................  55 FR 40834.........        10/05/90
Characteristic....................  56 FR 3978..........        02/01/91
Hydrocarbon Recovery Operations...  56 FR 13406.........        04/02/91
Toxicity..........................  56 FR 5910..........        02/13/91
Characteristic
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).
Boilers and Industrial Furnaces;    58 FR 59598.........        11/09/93
 Administrative Stay and Interim
 Standards for Bevill Residues.
------------------------------------------------------------------------

    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 6 and the State of New Mexico signed by the EPA Regional 
Administrator on December 11, 1996, 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 on 
January 1985, and revisions, supplements and 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; August 11, 1994; 
November 28, 1994; August 24, 1995; and January 12, 1996, 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.

[63 FR 23224, Apr. 28, 1998]



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

[[Page 403]]

(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 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

[[Page 404]]

(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]



                          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), the EPA 
granted Oklahoma final authorization for Base program effective on 
January 10, 1985. Subsequent program revision applications were approved 
effective on June 18, 1990, November 27, 1990, June 3, 1991, November 
19, 1991, November 29, 1993, December 21, 1994, April 27, 1995, March 
14, 1997, July 14, 1998, and November 23, 1998.
    (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) The EPA Approved Oklahoma Statutory Requirements Applicable to 
the Hazardous Waste Management Program, November 1998.
    (ii) The EPA Approved Oklahoma Regulatory Requirements Applicable to 
the Hazardous Waste Management Program, November 1998.
    (2) The following statutes and regulations concerning State 
procedures and enforcement, although not incorporated by reference, are 
part of the authorized State program:
    (i) Oklahoma Hazardous Waste Management Act, as amended, 27A 
Oklahoma Statute (O.S.) 1997 Edition, effective August 30, 1996, 
sections 2-2-104, 2-7-102, 2-7-104, 2-7-105 (except 2-7-105(27), 2-7-
105(29) and 2-7-105(34)), 2-7-106, 2-7-107, 2-7-108(B)(2), 2-7-110(A), 
2-7-113.1, 2-7-115, 2-7-116(A), 2-7-116(G), 2-7-116(H)(1), 2-7-123, 2-7-
126, 2-7-129, 2-7-130, 2-7-131 and 2-7-133.
    (ii) The Oklahoma Administrative Code, Title 252, Chapter 200, 1996 
Edition, effective July 1, 1996: subchapter 1, section 252:200-1-1(b); 
subchapter 11,

[[Page 405]]

section 252:200-11-2; and subchapter 13, sections 252:200-13-1 and 
252:200-13-3.
    (iii) The Oklahoma Administrative Code, Title 252, Chapter 200, 1997 
Supplement, effective June 2, 1997: subchapter 3, sections 252:200-3-
2(1), 252:200-3-4(b)(1)-(3) and 252:200-3-4(b)(16).
    (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 Hazardous Waste Management Act, as amended, 27A 
Oklahoma Statute (O.S.) 1997 Edition, effective August 30, 1996, 
sections 2-7-119 and 2-7-121.
    (ii) The Oklahoma Administrative Code Title 252, Chapter 200, 1996 
Edition, effective July 1, 1996: subchapter 8.
    (iii) The Oklahoma Administrative Code, Title 252, Chapter 200, 1997 
Supplement, effective June 2, 1997: subchapter 13, section 252:200-13-4; 
subchapter 17; and 252:200 appendices B and C.
    (4) Unauthorized State Provisions: The State's adoption of the 
Federal rules listed below, while incorporated by reference at 
Sec. 272.1851(b)(1), is not approved by EPA and are, therefore, not 
enforceable:

[[Page 406]]



----------------------------------------------------------------------------------------------------------------
               Federal requirement                 Federal Register reference           Publication date
----------------------------------------------------------------------------------------------------------------
Delisting.......................................  50 FR 28702: Amendments to   07/15/85
                                                   260.22(a) through
                                                   260.22(e).
Toxicity Characteristics; Hydrocarbon Recovery    55 FR 40834, 56 FR 3978, 56  10/05/90, 02/01/91, 04/02/91
 Operations.                                       FR 13406.
Toxicity Characteristics; Chlorofluorocarbon      56 FR 5910.................  02/13/91
 Refrigerants.
Administrative Stay for K069 Listing............  56 FR 19951................  05/01/91
Amendments to Interim Status Standards for        56 FR 66365................  12/23/91
 Downgradient Ground-water Monitoring Well
 Locations.
Administrative Stay for the Requirement that      57 FR 5859.................  02/18/92
 Existing Drip Pads Be Impermeable.
Organic Air Emission Standards for Tanks,         59 FR 62896, 60 FR 26828...  12/06/94, 05/19/95
 Surface Impoundments, and Containers (Rules
 154.1 and 154.2).
Removal of Legally Obsolete Rules...............  60 FR 33912................  06/29/95
----------------------------------------------------------------------------------------------------------------


[[Page 407]]

    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region VI and the State of Oklahoma, signed by the EPA Regional 
Administrator on August 4, 1998, 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, 1989 and August 13, 1990); November 20, 
1989; November 16, 1990; November 6, 1992; June 24, 1994; December 8, 
1994; March 4, 1996; and April 15, 1997, 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.

[64 FR 46570, Aug. 26, 1999]



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



Sec. 272.2200  [Reserved]



Sec. 272.2201  Texas State-administered program: Final authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA 
granted Texas final authorization for Base program effective on December 
26, 1984. Subsequent program revision applications were approved 
effective on October 4, 1985, February 17, 1987, March 15, 1990, July 
23, 1990, October 21, 1991, December 4, 1992, June 27, 1994, November 
26, 1997, December 3, 1997, and November 15, 1999.
    (b) State statutes and regulations.
    (1) The Texas 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) The EPA Approved Texas Statutory Requirements Applicable to the

[[Page 408]]

Hazardous Waste Management Program, December 1997.
    (ii) The EPA Approved Texas Regulatory Requirements Applicable to 
the Hazardous Waste Management Program, December 1997.
    (2) The following statutes and regulations concerning State 
procedures and enforcement, although not incorporated by reference, are 
part of the authorized State program:
    (i) Texas Health and Safety Code (THSC) Annotated, (Vernon, 1992), 
effective September 1, 1991: Chapter 361, The Texas Solid Waste Disposal 
Act, sections 361.002, 361.017 (except 361.017(d)&(e)), 361.024(b)-(d), 
361.033, 361.036, 361.037(a), 361.063(b), 361.063(e)-(g), 361.063(i), 
361.063(k)&(l), 361.066(b), 361.078, 361.080(a), 361.082(b), 381.082(c) 
(except second sentence), 361.082(e), 361.084(c) (except the phrase ``, 
or evidence of * * * waste management''), 361.085(a)-(d), 361.088(b), 
361.089(g), 361.090, 361.095(b)-(f), 361.096, 361.097, 361.098(a) 
(except the phrase ``Except as provided in subsections (b) and (c),''), 
361.099(a), 361.100, 361.101, 361.103 through 361.108, 361.109(a), 
361.221 (except 361.221(c)&(e), 361.222 (except 361.222(d)-(u)), 
361.223(c), 361.227, 361.301, 361.303, 361.321(b), 361.321(c) (except 
the phrase ``Except as provided by section 361.322(a)''), and 
361.321(d); Chapter 371, Texas Oil Collection, Management, and Recycling 
Act, sections 371.043(a)&(b), 371.044(b) and 371.045.
    (ii) Texas Health and Safety Code (THSC) Annotated, (Vernon, 1997 
Supplement), effective September 1, 1996: Chapter 361, The Texas Solid 
Waste Disposal Act, sections 361.016, 361.017(d)&(e), 361.018, 
361.024(a), 361.024(e), 361.032, 361.061, 361.063(a), 361.063(c), 
361.063(d), 361.063(j), 361.063(h), 361.064, 361.067, 361.068(a), 
361.069 (except last sentence), 361.079, 361.083, 361.084 (except 
361.084(c)), 361.085(e)-(j), 361.088(a)&(c), 361.089(a)-(f), 361.102(a) 
(except the phrase ``Except as provided by subsections (b) and (c)''), 
361.223(a)&(b), 361.224(a)&(b), 361.225, 361.226, 361.228, 361.229, 
361.301, 361.303, 361.321(a), and 361.321(e) (except the phrase ``Except 
as provided by section 361.322(e)''); Chapter 371, Texas Oil Collection, 
Management, and Recycling Act, sections 371.0025(b)&(c), 371.003 
(introductory paragraph), 371.024(a), 271.024(c)&(d), 371.026(a)&(b), 
371.028, 371.041(b)-(d), 371.042, 371.043(c)&(d), and 371.044(a).
    (iii) Texas Water Code (TWC), Texas Codes Annotated (Vernon, 1992), 
effective September 1, 1985, as amended: Chapter 5, sections 5.103, 
5.104, 5.105; Chapter 26, section 26.011; and Chapter 27, section 
27.019.
    (iv) Texas Administrative Code (TAC), Title 30, Environmental 
Quality, 1994, as amended, effective through January 1, 1994: Chapter 
305, sections 305.98 and 305.99.
    (v) Texas Administrative Code (TAC), Title 30, Environmental 
Quality, 1997, as amended, effective through January 1, 1997: Chapter 
281, sections 281.1 (except the clause ``except as provided by * * * 
Prioritization Process)''), 281.2 (introductory paragraph), 281.2(4), 
281.3(a)&(b), 281.5, 281.17(d)-(f), 281.18(a), 281.19, 281.20, 281.21 
(except 281.21(e)), 281.22(a)&(b), 268.23 281.24; Chapter 305, sections 
305.29(b)&(c), 305.64(d)&(f), 305.66(c), 305.66(e)-(l), 305.91 through 
305.95, 305.97, 305.100, 305.101 (except 305.101(c)), 305.102, 305.103, 
305.105, 305.123, 305.125(1)&(3), 305.125(20), 305.127(1)(B)(i), 
305.127(4)(A)&(C), 305.127(6), 305.401 (except 305.401(c)); Chapter 324, 
sections, 324.17 through 324.20; and Chapter 335, sections 335.2(b), 
335.206, 335.391 through 335.393.
    (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) Texas Health and Safety Code (THSC) Annotated, (Vernon 1992), 
effective September 1, 1991: Chapter 361, The Texas Solid Waste Disposal 
Act, sections 361.131 through 361.140; Chapter 371, Texas Oil 
Collection, Management, and Recycling Act, sections 371.021, 371.022, 
371.024(e), 371.025, and 371.026(c).
    (ii) Texas Health and Safety Code (THSC) Annotated, (Vernon 1997 
Supplement), effective September 1, 1996: Chapter 361, The Texas Solid 
Waste Disposal Act, sections 361.131 through 361.140; Chapter 371, Texas 
Oil Collection, Management, and Recycling Act, sections 371.021, 
371.022, 371.024(e), 371.0245, 371.0246, 371.025, and 371.026(c).
    (iii) Texas Administrative Code (TAC), Title 30, Environmental 
Quality, 1997, as amended, effective through

[[Page 409]]

January 1, 1997: Chapter 305, sections 305.27 (as it pertains to solid 
waste), 305.53, 305.64(b)(4); and Chapter 335, sections 335.321 through 
335.332 and Appendices I and II.
    (4) Unauthorized State Amendments. The following authorized 
provisions of the Texas regulations include amendments published in the 
Texas Register that are not approved by EPA. Such unauthorized 
amendments are not part of the State's authorized program and are, 
therefore, not Federally enforceable. Thus, notwithstanding the language 
in the Texas hazardous waste regulations incorporated by reference at 
Sec. 272.2201(b)(1), EPA will only enforce the authorized State 
provisions with the effective dates indicated in the following table. 
The actual State regulatory text authorized by EPA for the listed 
provisions is available as a separate document, Addendum to the EPA-
Approved Texas Regulatory and Statutory Requirements Applicable to the 
Hazardous Waste Management Program, December, 1997. Copies of the 
document can be obtained from U.S. EPA Region 6, Grants and 
Authorization Section, RCRA Programs Branch, U.S. EPA Region 6, First 
Interstate Bank Tower at Fountain Place, 1445 Ross Avenue, Suite 1200, 
Dallas, TX 75202.

------------------------------------------------------------------------
                                                 Unauthorized state
                                Effective            amendments
       State provision           date of   -----------------------------
                                authorized   Texas Register   Effective
                                provision      reference         date
------------------------------------------------------------------------
335.2(c).....................      11/7/91  18 TexReg 2799.      5/12/93
                                            18 TexReg 8218.     11/23/93
335.6(a).....................      7/29/92  18 TexReg 2799.      5/12/93
335.6(c) introductory              7/29/92  17 TexReg 8010.     11/27/92
 paragraph.                                 20 TexReg 2709.      4/24/95
                                            20 TexReg 3722.      5/30/95
                                            21 TexReg 1425.       3/1/96
                                            21 TexReg 2400.       3/6/96
335.6(g).....................      7/29/92  18 TexReg 3814.      6/28/93
335.10(b)(22)................      7/27/88  17 TexReg 8010.     11/27/92
335.24(b) introductory              3/1/96  21 TexReg 10983     11/20/96
 paragraph.
335.24(c) introductory              3/1/96  21 TexReg 10983     11/20/96
 paragraph.
335.41(c)....................       9/1/86  18 TexReg 8218.     11/23/93
335.45(b)....................       9/1/86  17 TexReg 5017.      7/29/92
335.204(a)(1)................      5/28/86  16 TexReg 6065.      11/7/91
335.204(b)(1)................      5/28/86  16 TexReg 6065.      11/7/91
335.204(b)(6)................      5/28/86  16 TexReg 6065.      11/7/91
335.204(c)(1)................      5/28/86  16 TexReg 6065.      11/7/91
335.204(d)(1)................      5/28/86  16 TexReg 6065.      11/7/91
335.204(e)(6)................      5/28/86  16 TexReg 6065.      11/7/91
------------------------------------------------------------------------

    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region VI and the Texas Natural Resource Conservation Commission 
(TNRCC), signed by the EPA Regional Administrator on July 24, 1997, 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 Texas on May 
22, 1984 and revisions, supplements and addenda to that Statement dated 
November 21, 1986, July 21, 1988, December 4, 1989, April 11, 1990, July 
31, 1991, February 25, 1992, November 30, 1992, March 8, 1993, January 
7, 1994, August 9, 1996, October 16, 1996, as amended February 7, 1997, 
and March 11, 1997, 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.

[64 FR 49680, Sept. 14, 1999]

[[Page 410]]



Secs. 272.2202--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).
    (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:

[[Page 411]]

    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.

                                 Florida

    The statutory provisions include:
    Florida Statutes, 1991, Chapter 1: 1.01 (1) and (2).
    Florida Statutes, 1993, Chapter 403: 403.031 introductory paragraph; 
403.031 (2)-(7); 403.087(1) first sentence, and (6); 403.201(4) (except 
the phrase ``may require by rule a processing fee for and''); 403.703 
introductory paragraph; 403.703 (2)-(6), (8)-(28), (30)-(34), (36), and 
(40), (42)-(44); 403.7045(1) introductory paragraph, (1) (a), (b) and 
(d); 403.7045(2) introductory paragraph; 403.7045(2) (a)-(c); 
403.7045(3) introductory paragraph; 403.7045(3) (a)-(c); 403.72(2); 
403.721(1); 403.722 (1)-(6); 403.7221; 403.724(1) (except the phrase 
``or corrective action''); 403.724(2); 403.728; 403.74 (1), (3)-(5); 
403.751(1) (except (d) & (e); and (2).
    Florida Statutes, 1994 Supplement to 1993, Chapter 403: 403.031(1); 
403.703(1); 403.7222 (1) and (2); 403.74(2).
    Florida Statutes, 1993, Chapter 404: 404.031(13).
    Copies of the Florida Statutes that are incorporated by reference 
are available from the Florida Department of State, Division of 
Elections, Bureau of Administrative Code, Weekly and Laws, The Elliot 
Building, 401 South Monroe Street, Tallahassee, Florida 32399-0250.
    The regulatory provisions include:
    The Florida Administrative Code, Chapter 62-4, effective July 4, 
1995: 62-4.070(2); 62-4.080; and 62-4.100.
    The Florida Administrative Code, Chapter 62-730, effective September 
7, 1995: 62-730.001; 62-730.020 (1), (3), and (4); 62-730.021; 62-
730.030; 62-730.140; 62-730.150; 62-730.160; 62-730.161; 62-730.170(1); 
62-730.171; 62-730.180 (1)-(5), (7), and (8); 62-730.181; 62-730.183; 
62-730.185; 62-730.200 (except (3)); 62-730.210; 62-730.220 (1), (2), 
(3), (5)-(8), (10), and (11); 62-730.231 (except (10)); 62-730.240 (1) 
and (2); 62-730.250; 62-730.260; 62-730.270(1) (except (1)(b)(4) and 
(1)(c)(3)), (2), and (3); 62-730.280; 62-730.290 (except the phrase 
``and submittal of the appropriate permit modification fee'' at 
subparagraph (3)); 62-730.300; 62-730.320; 62-730.330; and 62-730.900.
    Copies of the Florida Administrative Code are available from the 
Florida Department of State, Division of Elections, Bureau of 
Administrative Code, Weekly and Laws, The Elliot Building, 401 South 
Monroe Street, Tallahassee, Florida 32399-0250.

                                  Idaho

    The statutory provisions include:
    Idaho Code containing the General Laws of Idaho Annotated, Volume 
7A, Title 39, Chapter 44, ``Hazardous Waste Management'', 1993: sections 
39-4402; 39-4408 (1)-(3); 39-4409(1) (except fourth and fifth 
sentences); 39-4409(2) (first sentence); 39-4409(4) (except first 
sentence); 39-4409(5); 39-4409(6); 39-4409(7); 39-4409(8); 39-4423 
(except 39-4423(3)(a)&(b)); and 39-4424.
    1996 Cumulative Pocket Supplement to the Idaho Code, Volume 7A, 
Title 39, Chapter 44, ``Hazardous Waste Management'', 1996: sections 39-
4403 (except 39-4403 (6)&(14)); 39-4411(2); 39-4411(4); and 39-4411(5).
    Idaho Code containing the General Laws of Idaho Annotated, Volume 
7A, Title 39, Chapter 58, ``Hazardous Waste Facility Siting Act'', 
published in 1993 by the Michie Company, Law Publishers, 
Charlottesville, Virginia: sections 39-5802; 39-5803; 39-5808; 39-5811; 
39-5813(1); and 39-5818(2).

[[Page 412]]

    Copies of the Idaho statutes that are incorporated by reference are 
available from Michie Company, Law Publishers, 1 Town Hall Square, 
Charlottesville, VA 22906-7587.
    The regulatory provisions include:
    Idaho Department of Health and Welfare Rules and Regulations, Idaho 
Administrative Code, IDAPA 16, Title 1, Chapter 5, ``Rules and Standards 
for Hazardous Waste'', as published on July 1, 1997: sections 
16.01.05.001; 16.01.05.002; 16.01.05.003; 16.01.05.004; 16.01.05.005; 
16.01.05.006; 16.01.05.007; 16.01.05.008; 16.01.05.009; 16.01.05.010; 
16.01.05.011; 16.01.05.012; 16.01.05.013; 16.01.05.014; 16.01.05.015; 
16.01.05.016; 16.01.05.356.01; and 16.01.05.998.

    Note: The 1997 Idaho Code, section 16.01.05.011, contains a 
typographical error discovered during codification. The reference to 
``39-4403(16)'' should read ``39-4403(17)''. Idaho has subsequently 
corrected this typographical error in the 1998 Idaho Code and will 
submit the corrected version in the next authorization package.

                                Louisiana

    The statutory provisions include:
    Louisiana Statutes Annotated, Revised Statutes, 1989, Volume 17B, 
Subtitle II of Title 30, Louisiana Environmental Quality Act, 1989: 
Chapter 1, sections 2002, 2003, 2004 introductory paragraph, 2004(1)-
(8), 2004(10), 2004(13), 2004(14) introductory paragraph, 
2004(14)(a)&(e), 2004(15); Chapter 9, sections 2172, 2173 (except 
2173(2), 2173(9) and 2173(11) introductory paragraph), 2183.A,B,D&E, 
2183.I, 2188.B, 2201, 2202, 2203.A, 2204.A(1) and 2204.C.
    Louisiana Statutes Annotated, Revised Statutes, 1992 Cumulative 
Annual Pocket Part, Volume 17B, Subtitle II of Title 30, Louisiana 
Environmental Quality Act: Chapter 1, Section 2004(9); Chapter 2, 
Section 2022.A first sentence, Chapter 8, Section 2153(1); Chapter 9, 
Sections 2173(2) and 2173(11); Chapter 18, Section 2417.E(5).
    Copies of the Louisiana statutes that are incorporated by reference 
are available from West Publishing Company, 610 Opperman Drive, P.O. Box 
64526, St. Paul, Minnesota 55164-0526.
    The regulatory provisions include:
    Louisiana Administrative Code, Title 33, Part V, Hazardous Waste and 
Hazardous Materials, Amendments through June 1995: Chapter 1, Sections 
103, 105 introductory paragraph, 105.A-C, 105.D.2-.12, 105.D.13 (except 
the phrase ``except as * * * process hazardous waste''), 105.D.14-.17, 
105.D.18 (except the phrase ``except as * * * process hazardous 
waste''), 105.D.19-.32, 105.D.33 (except 105.D.33.c), 105.D.34, 
105.D.35, 105.D.37-.42, 105.D.43 (except 105.D.43.f), 105.D.45-.47, 
105.E through 105.I, 105.J.1, 105.K, 105.L; 109 Definitions (except for 
``Carbon Regeneration Unit'', ``Commercial Boiler'', ``Commercial 
Industrial Furnace'', ``Consignee'', ``Containment Building'', 
``Designated Facility'', ``EPA Acknowledgement of Consent'', Item 7 of 
``Hazardous Waste'', Item 2 of ``Incinerator'', Item 12 of ``Industrial 
Furnace'', ``Infrared Incinerator'', the phrase ``containment building'' 
in ``Miscellaneous Unit'', ``Partial Closure'', the phrase ``and that is 
not a containment building'' in ``Pile'', ``Plasma Arc Incinerator'', 
``Primary Exporter'', ``Receiving Country'', ``Sludge Dryer'', ``Solid 
Waste'', ``Transit Country'' and ``Waste Reduction''), 111; Chapter 3, 
Sections 303, 305.B-.E, 307, 309 (except 309.L.3.b), 311.B&.E, 313, 
315.A-.D, 317, 319, 321 (except 321.C.2.i), 322, 323.A , 323.B 
introductory paragraph, 323.B.1, 323.B.2 (except 323.B.2.e), 323.B.4, 
325 and 329; Chapter 5, Sections 501, 505, 507 through 513, 515 (except 
for 515.25), 516, 517 (except 517.V), 519, 520, 521 through 532, 533 
(except 533.B), 534 and 536; Chapter 7, Section 701; Chapter 9, Sections 
901 through 923; Chapter 11, Sections 1101 (except 1101.B&.F), 1103 
introductory paragraph, 1103.B (except the phrase ``For the purposes of 
compliance with LAC 33:V.Chapter 22, or''), 1105, 1107 (except 1107.A.4 
and 1107.D.5), 1108, 1109 (except 1109.E.1.d, E.8 and E.9), 1111.A, 
1111.B.1 introductory paragraph (except the phrase ``to a treatment, 
storage, or disposal facility within the United States''), 
1111.B.1.a-.c, 1111.B.1.d (except the phrase ``within the United 
States''), 1111.B.1.e (except the phrase ``within the United States''), 
1111.B.1.f, 1111.B.2 (except the phrase ``for a period of at least three 
years from the date of the report'' and the third and fourth sentences), 
1111.C-.D, 1113, 1115 through 1121; Chapter 13, Sections 1301 through 
1305, 1307.A introductory paragraph (except last sentence), 1307.B, 
1307.C (except last sentence), 1307.D, 1307.E (except the phrase ``and, 
for exports, an EPA Acknowledgement of Consent'' at 1307.E.2), 1307.F 
(except the phrase ``and, for exports, an EPA Acknowledgement of 
Consent'' at 1307.F.2), 1307.G (except 1307.G.4), 1307.H, 1309, 1311, 
1315 through 1323; Chapter 15, Sections 1501 through 1517, 1519 (except 
1519.B.8 and 1519.D), 1521 through 1527, 1529 (except 1529.B.12-.19), 
1531; Chapter 17, Sections 1701 through 1745; Chapter 19, Sections 1901 
(except 1901.C&.D), 1903, 1905.A-.G, 1907, 1909.A-.C, 1911, 1913, 
1915.A-.C, 1917 and 1919; Chapter 21, Sections 2101 (except 2101.D), 
2103 through 2117; Chapter 23, Sections 2301, 2303 (except 2303.K), 2304 
through 2309, 2311 (except the phrase ``the waste and the pile satisfy 
all applicable requirements of LAC 33:V.Chapter 22, and'' at 2311.A), 
2313, 2315 and 2317; Chapter 25, Sections 2501, 2503.A through 2503.J, 
2503.K (except 2503.K.1.o), 2503.L-.N, 2504 through 2509, 2511.A 
introductory paragraph (except the phrase ``the waste and landfill meet 
all applicable requirements of LAC 33:V.Chapter 22, and''), 2511.A.2 
(except the phrase ``or LAC 33:V.4321 for interim status facilities''),

[[Page 413]]

2511.B, 2513 through 2517, 2519 (except 2519.F), 2521 (except 2521.B.2) 
and 2523; Chapter 26, Sections 2601, 2602 and 2603 (except 2603.F.1); 
Chapter 27, Sections 2701, 2703 (except for 2703.I&.J), 2705 through 
2713, 2715 introductory paragraph (except the phrase ``the waste and the 
treatment zone meet all applicable requirements of LAC 33:V.Chapter 22, 
and''), 2715.A&.B, 2717 through 2723; Chapter 29, Sections 2901, 2903 
(except 2903.I), 2904 through 2911, 2913 introductory paragraph (except 
the phrase ``the waste and impoundment satisfy all applicable 
requirements of LAC 33:V.Chapter 22, and''), 2913.A.1, 2913.A.2 (except 
the phrase ``or for interim status facilities;''), 2915 and 2917; 
Chapter 31, Sections 3101, 3103 , 3105 (except 3105.D), 3107 through 
3121; Chapter 32, sections 3201 through 3207; Chapter 33, Sections 3301, 
3303 (except 3303.C&.D), 3305 through 3313, 3315 (except for 3315.K), 
3317 through 3322, 3323 (except the phrase ``or its successor agency'' 
at 3323.D) and 3325; Chapter 35, Sections 3501 through 3505, 3507 
(except the phrase ``1803, 1911'' at 3507.C), 3509 through 3527; Chapter 
37, Sections 3701, 3703, 3705 (except the last sentence of 3705.D), 
3707.A-.F, 3707.G (except the phrase ``and financial test and guarantee, 
except that the financial test and guarantee may not be combined'' in 
the second sentence), 3707.H, 3707.I (except the phrase ``, and for 
facilities subject to LAC 33:V.3525 * * * LAC 33:V.3525.B.2'', and the 
two occurrences of the phrase ``or that the owner or operator has failed 
* * *  LAC 33:V.3525''), 3709 through 3713, 3715 (except 3715.F.8), 3717 
through 3719; Chapter 40, Sections 4001 through 4025, 4027 (except 
4027.C), 4029 through 4093; Chapter 41, Sections 4101, 4103, 4105 
introductory paragraph, 4105.A, 4105.B (introductory paragraph), 
4105.B.1 introductory paragraph (except the phrase ``except that''), 
4105.B.1 (except 4105.B.1.a&.b), 4105.B.2, 4105.B.4-.14, 4105.C, 4105.E, 
4107 through 4113, 4115.A (except the reference ``22,''), 4115.B, 4137, 
4139.A.1, 4139.A.2 (except 4139.A.2.b&.c), 4139.B.1, 4139.B.4, 4143, 
4145; Chapter 43, Sections 4301 (except the last sentence of 4301.E), 
4302, 4303 through 4305, 4307 through 4335, 4337 through 4349, 4351 
through 4355, 4357 (except 4357.B.8-.14), 4359 through 4365, 4367 
through 4375, 4377 (except 4377.B.4), 4379 (except the phrase ``and LAC 
33:V.4705'' at 4379.C), 4381 through 4395, 4397, 4399 (except 
4399.A.6.i), 4401, 4403 (except for the phrase ``and after receiving the 
certification required under LAC 33:V.4393.B.2 for facilities subject to 
LAC 33:V.4393'' and the two occurrences of the phrase ``or that the 
owner or operator has failed * * * LAC 33:4393'' in 4403.H), 4405 
through 4411, 4413, 4417 through 4429, 4431 through 4445, 4447 through 
4455, 4457.A, 4457.B (except the first occurrence of 4457.B.2), 4459 
(except the phrase ``the waste and impoundment satisfy all applicable 
requirements of LAC 33:V.Chapter 22.'' at 4459.A), 4461, 4462 (except 
4462.H), 4463 through 4470, 4471 (except the phrase ``the waste and pile 
satisfy all applicable requirements of LAC 33:V.Chapter 22 and''), 4472 
through 4476, 4477 through 4493, 4495 through 4499, 4501 (except 
4501.D.3), 4502, 4503 (except the phrase ``and landfill meet all 
applicable requirements of LAC 33:V.Chapter 22, and the waste'' at 
4503.A introductory paragraph), 4505 through 4509, 4511 introductory 
paragraph, 4511.A-.D, 4511.E (except the two occurrences of the 
reference ``and F''), 4512, 4513 through 4522, 4523 (except the phrase 
``and LAC 33:V.Chapter 30 * * * LAC 33:V.109'' at the end of the 
paragraph), 4525 through 4534, 4535 through 4547, 4549 through 4559, 
4561 through 4589, 4591 through 4601; Chapter 49, Sections 4901.A 
through 4901.F, 4901.G (except the entries for EPA Hazardous Waste 
Numbers K042 and 151 in Table 6), 4903 through 4907, Appendices A 
through D.
    Louisiana Administrative Code, Title 33, Part V, Hazardous Waste and 
Hazardous Materials, Amendments for July 1995--March 1996: Chapter 1, 
Sections 109 ``Designated facility'', 109 ``Partial Closure'', 109 
``Solid Waste''; Chapter 3, Sections 305.A, 309.L.3.b, 321.C.2.i, 
323.B.2.e, 323.B.4.c, Chapter 5, Section 533.B; Chapter 7, Section 706; 
Chapter 11, Section 1101.B; Chapter 25, Section 2521.B.2; Chapter 26, 
Section 2603.F.1; Chapter 28, Sections 2801 through 2809; Chapter 41, 
Sections 4115.C, 4139.B.2&.3; Chapter 49, Sections 4901.G Table 6 
(entries for EPA Hazardous Waste Numbers K042 and 151 only), Appendix A 
(entry for 2,6-Toluenedine only) and Appendix B (paragraphs 8.2 and 
8.2.5 through 8.2.5.4).
    Copies of the Louisiana regulations that are incorporated by 
reference are available from Office of the State Register, P.O. Box 
94095, Baton Rouge, LA 70804-9095.

                                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,

[[Page 414]]

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:
    Title 20, Chapter 4, Part 1, New Mexico Annotated Code (20 NMAC 
4.1), effective November 11, 1995, Subpart I, Sections 4.1.101 and 
4.1.102; Subpart II, Section 4.1.200; Subpart III, Sections 4.1.300 and 
4.1.301; Subpart IV, Sections 4.1.400 and 4.1.401; Subpart V, Sections 
4.1.500 and 4.1.501; Subpart VI, Sections 4.1.600 and 4.1.601; Subpart 
VII, Section 4.1.700; Subpart VIII, Section 4.1.800; Subpart IX, 
Sections 4.1.900, 4.1.901.B.1 through 4.1.901.B.6; and Subpart X, 
Section 4.1.1103. Copies of the New Mexico regulations can be obtained 
from the New Mexico Commission of Public Records, State Records Center 
and Archives, State Rules Division, 404 Montezuma Avenue, Santa Fe, NM 
87501-2502.

                                Oklahoma

    The statutory provisions include:
    Oklahoma Hazardous Waste Management Act, as amended, 27A Oklahoma 
Statute 1997 Edition, effective August 30, 1996, sections 2-7-103, 2-7-
108(A), 2-7-108(B)(1), 2-7-108(B)(3), 2-7-108(C), 2-7-110(B), 2-7-
110(C), 2-7-111(A), 2-7-111(B) (except the last sentence and the 
phrase,'' recycling'' in the first sentence), 2-7-111(C)(2)(a) (except 
the phrase ``Except as provided in subparagraph b of this paragraph'' 
and the word ``recycling'' in the first sentence), 2-7-111(D), 2-7-
111(E) (except the word ``recycling'' in the first sentence), 2-7-112, 
2-7-116(B) through 2-7-116(F), 2-7-116(H)(2), 2-7-118(A), 2-7-124, 2-7-
125 and 2-7-127.
    Copies of the Oklahoma statutes that are incorporated by reference 
are available from West Publishing Company, 610 Opperman Drive, P. O. 
Box 64526, St. Paul, Minnesota 55164-0526.
    The regulatory provisions include:
    The Oklahoma Administrative Code, Title 252, Chapter 200, 1996 
Edition, effective July 1, 1996: subchapter 1, sections 252:200-1-1(a) 
and 252:200-1-2; subchapter 3, sections 252:200-3-5 and 252:200-3-6; 
subchapter 5, sections 252:200-5-3 and 252:200-5-5; subchapter 7, 
sections 252:200-7-1 through 252:200-7-4; subchapter 9 (except 252:200-
9-2, 252:200-9-6 and 252:200-9-7); subchapter 11, sections 252:200-11-1 
(except the phrases ``or off-site recycling'' and ``(TSDRs)''), 252:200-
11-3(a) (except the word ``recycling''), 252:200-11-3(b) through 
252:200-11-3(d), 252:200-11-4(a)(1) (except the phrases ``Except as 
otherwise provided in this section'' and ``or recycling''), 252:200-11-
4(a)(5) (except the phrase ``For the purposes of this section''), 
252:200-11-4(b) through 252:200-11-4(e); and subchapter 13, sections 
252:200-13-2 introductory paragraph, 252:200-13-2(1) and 252:200-13-2(2) 
first sentence.
    The Oklahoma Administrative Code Title 252, Chapter 200, 1997 
Supplement, effective June 2, 1997: subchapter 3, sections 252:200-3-1, 
252:200-3-2 (except 252:200-3-2(1)) and 252:200-3-4(a) and 252:300-3-
4(b)(4)-(15); subchapter 5, sections 252:200-5-1, 252:200-5-4 and 
252:200-5-6; and subchapter 9, section 252:200-9-2.
    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.

                                  Texas

    The statutory provisions include:
    Texas Health and Safety Code (THSC) Annotated, (Vernon 1992), 
effective September 1, 1991: Chapter 361, The Texas Solid Waste Disposal 
Act, sections 361.003 (introductory paragraph), 361.003(1), 361.082(a), 
361.082(f), 361.086, 361.087, 361.093, 361.095(a), 361.099(b), and 
361.110; Chapter 371, The Texas Oil Collection, Management, and 
Recycling Act, section 371.041(a).
    Texas Health and Safety Code (THSC) Annotated, (Vernon 1997 
Supplement), effective September 1, 1996: Chapter 361, The Texas Solid 
Waste Disposal Act, sections 361.003 except (3), (4), (19), (27), (35) 
and (39)), 361.066(a), and 361.094; Chapter 371, The Texas Oil 
Collection, Management, and Recycling Act, sections 371.003, 371.024(b), 
and 371.026(d).
    Copies of the Texas statutes that are incorporated by reference are 
available from West Publishing Company, 610 Opperman Drive, P. O. Box 
64526, St. Paul, Minnesota 55164-0526.
    The regulatory provisions include:
    Texas Administrative Code (TAC), Title 30, Environmental Quality, 
1994, as amended, effective through January 1, 1994: Chapter 305, 
section 305.50(4); Chapter 335, sections 335.6(d)

[[Page 415]]

(except last sentence), 335.6(e), 335.9(b), 335.10(a) (introductory 
paragraph), 335.10(a)(1), 335.10(b)(5)&(8), 335.13(c)&(d), 335.13(g), 
335.15 (introductory paragraph), 335.23(2), 335.24(e), 335.71, 
335.214(a).
    Texas Administrative Code (TAC), Title 30, Environmental Quality, 
1997, as amended, effective through January 1, 1997: Chapter 20, section 
20.15; Chapter 281, section 281.3(c); Chapter 305, 305.1(a), 305.2 
(except the definitions for ``by-pass,'' ``Class I sludge management 
facility,'' ``component,'' ``continuous discharge,'' ``CWA,'' ``daily 
average concentration,'' ``daily average flow,'' ``direct discharge,'' 
``discharge monitoring report,'' ``effluent limitation,'' 
``Environmental Protection Agency,'' ``facility mailing list,'' 
``functionally equivalent component,'' ``indirect discharger,'' 
``injection well permit,'' ``National Pollution Discharge Elimination 
System,'' ``new discharger,'' ``new source,'' ``outfall,'' ``primary 
industry category,'' ``process wastewater,'' ``publicly owned treatment 
works,'' ``recommencing discharger,'' ``regional administrator,'' 
``schedule of compliance,'' ``severe property damage,'' ``sewage 
sludge,'' ``Texas pollution discharge elimination system,'' ``toxic 
pollutant,'' ``treatment works treating domestic sewage,'' ``variance,'' 
and ``wetlands''), 305.29(a)&(d), 305.41, 305.42, 305.43(b), 305.44, 
305.45, 305.47, 305.50 (introductory paragraph), 305.50(1), 305.50(2) 
(except the paragraph beginning ``Also to be submitted are listings * * 
* '' to the end of the subsection), 305.50(3), 305.50(5)-(8), 
305.50(13)&(14), 305.51, 305.61, 305.62(a) (except the phrase 
``Sec. 305.70 of this title * * * Solid Waste Class I Modifications'' in 
the first sentence and the fifth sentence ``If the permittee requests a 
modification of a municipal solid waste permit * * * Solid Waste Class I 
Modifications).''), 305.62(b)-(h), 305.63 (introductory paragraph), 
305.63(1)&(2), 305.63(3) (except the last sentence), 305.63(4)-(6), 
305.64(a), 305.64(b) (except 305.64(b)(4)&(5)), 305.64(c), 305.64(e), 
305.64(g), 305.66(a) (except 305.66(a)(7)&(8)), 305.67, 305.69 (except 
305.69(i) A.8-A.10), 305.121, 305.122(a)-(c), 305.124, 305.125 (except 
305.125(1), (3), and (20)), 305.127 (introductory paragraph), 
305.127(1)(B)(iii), 305.127(1)(E)&(F), 305.127(2)&(3), 305.127(4)(B), 
305.127(5)(C), 305.128, 305.141 through 305.145, 305.146 (introductory 
paragraph), 305.146(1), 305.150, 305.171 through 305.174, 305.181 
through 305.184, 305.191 through 305.194, 305.401(c), 305.571, 305.572 
(except the date ``September 5, 1991'' in the (introductory paragraph)), 
305.573; Chapter 324, sections, 324.1 through 324.4, 324.6, 324.7, 
324.11 through 324.16, 324.21; Chapter 335, sections 335.1 (introductory 
paragraph), 335.1 (except the definitions for ``activities associated 
with the exploration, development, and protection of oil or gas, or 
geothermal resources,'' ``class 1 wastes,'' ``class 2 wastes,'' ``class 
3 wastes,'' ``commercial hazardous waste facility,'' ``contaminant,'' 
``contaminated medium/media,'' ``control,'' ``decontaminate,'' 
``essentially insoluable,'' ``hazardous industrial waste,'' ``hazardous 
substance,'' ``industrial solid waste,'' ``Petroleum substance,'' 
``remediation,'' ``remove,'' shipment,'' ``spill,'' and ``treatment''), 
335.2(a), 335.2(c)-(g), 335.2(i)&(j), 335.4, 335.5, 335.6(a)-(c), 
335.6(f)-(j), 335.7, 335.8(a)(3)&(4), 335.9 (except 335.9(b)), 
335.10(a)(3) (except the phrase ``, unless the generator is identified 
in paragraph (2) of this section''), 335.10(a)(4), 335.10(a)(6), 
335.10(b) (except 335.10(b)(5)&(8)), 335.10(c) (except the phrase ``the 
United States customs official,''), 335.10(d)-(f), 335.11 (except 
335.11(d)), 335.12 (except 335.12(a)(5)), 335.13(a), 335.13(e)&(f), 
335.14, 335.15(1), 335.17, 335.18, 335.19, 335.20 through 335.22, 335.23 
(except 335.23(2)), 335.24(a)-(d), 335.24(f), 335.29, 335.30, 335.31, 
335.41(a)-(h), 335.43 through 335.45, 335.47 (except the second sentence 
in 335.47(c)(3)), 335.61(a)-(e), 335.63 through 335.68, 335.69(a)-(h), 
335.70, 335.73, 335.74, 335.76, 335.77, 335.78 (except 335.78(d)(2)), 
335.91 through 335.94, 335.111, 335.112 (except 335.112(a)(17)), 
335.113, 335.114(a), 335.115 through 335.123, 335.124 (except second 
sentence in 335.124(e)), 335.125 through 335.127, 335.151 through 
335.153, 335.154(a), 335.155 through 335.178, 335.201(a) (except 
335.201(a)(3)), 335.201(c), 335.202 (except the definitions for ``active 
geologic processes,'' ``area subject to active shoreline erosion,'' 
``areas of direct drainage,'' ``commercial hazardous waste management 
facility,'' ``critical habitat of an endangered species,'' ``erosion,'' 
``public water system,'' and ``residence''), 335.203, 335.204(a) 
(introductory paragraph), 335.204(a)(1)-(5), 335.204(b)(1)-(6), 
335.204(c)(1)-(5), 335.204(d)(1)-(5), 335.204(e) (introductory 
paragraph), 335.204(e)(1) (introductory paragraph) (except the phrase 
``Except as * * * (B) of this paragraph,'' and the word ``event'' at the 
end of the paragraph), 335.204(e)(2)-(7), 335.204(f), 335.205(a)&(b), 
335.205(i), 335.211 through 335.213, 335.214(b), 335.221 through 
335.226, 335.241, 335.251, 335.361 through 335.367, 335.431, and 
335.504.
    Copies of the Texas regulations that are incorporated by reference 
are available from West Publishing Company, 610 Opperman Drive, P. O. 
Box 64526, St. Paul, Minnesota 55164-0526.

                                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;

[[Page 416]]

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)- 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; 61 FR 49269, Sept. 19, 1996; 62 FR 
49170, Sept. 19, 1997; 62 FR 67584, Dec. 29, 1997; 63 FR 2899, Jan. 20, 
1998; 63 FR 23225, Apr. 28, 1998; 63 FR 23677, Apr. 30, 1998; 64 FR 
34137, June 25, 1999; 64 FR 46571, Aug. 26, 1999; 64 FR 49682, Sept. 14, 
1999]



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--lamps.
273.6--273.7  [Reserved]
273.8  Applicability--household and conditionally exempt small quantity 
          generator waste.
273.9  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  Storage 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 Sec. 273.3;
    (3) Thermostats as described in Sec. 273.4; and
    (4) Lamps as described in Sec. 273.5.
    (b) This part provides an alternative set of management standards in 
lieu of regulation under 40 CFR parts 260 through 272.

[60 FR 25542, May 11, 1995, as amended at 64 FR 36488, July 6, 1999]



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. 273.9, except those listed in paragraph (b) of this section.
    (2) Spent lead-acid batteries which are not managed under 40 CFR 
part 266,

[[Page 417]]

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. 273.9, 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.
    (3) Batteries, as described in Sec. 273.9, that are not hazardous 
waste. A battery is a hazardous waste if it exhibits one or more of the 
characteristics identified in part 261, subpart C of this chapter.
    (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.

[60 FR 25542, May 11, 1995, as amended at 64 FR 36488, July 6, 1999]



Sec. 273.3  Applicability--pesticides.

    (a) Pesticides covered under this part 273. The requirements of this 
part apply to persons managing pesticides, as described in Sec. 273.9, 
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

[[Page 418]]

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 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.

[60 FR 25542, May 11, 1995, as amended at 64 FR 36488, July 6, 1999]



Sec. 273.4  Applicability--mercury thermostats.

    (a) Thermostats covered under this part 273. The requirements of 
this part apply to persons managing thermostats, as described in 
Sec. 273.9, 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.

[60 FR 25542, May 11, 1995, as amended at 64 FR 36488, July 6, 1999]



Sec. 273.5  Applicability--lamps.

    (a) Lamps covered under this part 273. The requirements of this part 
apply to persons managing lamps as described in Sec. 273.9, except those 
listed in paragraph (b) of this section.
    (b) Lamps not covered under this part 273. The requirements of this 
part do not apply to persons managing the following lamps:
    (1) Lamps that are not yet wastes under part 261 of this chapter as 
provided in paragraph (c) of this section.
    (2) Lamps that are not hazardous waste. A lamp is a hazardous waste 
if it exhibits one or more of the characteristics identified in part 
261, subpart C of this chapter.
    (c) Generation of waste lamps. (1) A used lamp becomes a waste on 
the date it is discarded.
    (2) An unused lamp becomes a waste on the date the handler decides 
to discard it.

[64 FR 36488, July 6, 1999]



Secs. 273.6--273.7  [Reserved]



Sec. 273.8  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 Sec. 261.4(b)(1) of this 
chapter and are also of the same type as the universal wastes defined at 
Sec. 273.9; and/or
    (2) Conditionally exempt small quantity generator wastes that are 
exempt under Sec. 261.5 of this chapter and are also of the same type as 
the universal wastes defined at Sec. 273.9.
    (b) Persons who commingle the wastes described in paragraphs (a)(1) 
and (a)(2) of this section together with universal waste regulated under 
this part must manage the commingled waste under the requirements of 
this part.

[64 FR 36488, July 6, 1999]

[[Page 419]]



Sec. 273.9  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.
    Lamp, also referred to as ``universal waste lamp'' is defined as the 
bulb or tube portion of an electric lighting device. A lamp is 
specifically designed to produce radiant energy, most often in the 
ultraviolet, visible, and infra-red regions of the electromagnetic 
spectrum. Examples of common universal waste electric lamps include, but 
are not limited to, fluorescent, high intensity discharge, neon, mercury 
vapor, high pressure sodium, and metal halide lamps.
    Large Quantity Handler of Universal Waste means a universal waste 
handler (as defined in this section) who accumulates 5,000 kilograms or 
more total of universal waste (batteries, pesticides, thermostats, or 
lamps, 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 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 5,000 
kilograms or more total of universal waste (batteries, pesticides, 
thermostats, or lamps, 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 waste that are 
subject to the universal waste requirements of this part 273:
    (1) Batteries as described in Sec. 273.2
    (2) Pesticides as described in Sec. 273.3
    (3) Thermostats as described in Sec. 273.4; and
    (4) Lamps as described in Sec. 273.5.
    Universal Waste Handler:
    (a) Means:
    (1) A generator (as defined in this section) of universal waste; or

[[Page 420]]

    (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.

[60 FR 25542, May 11, 1995, as amended at 63 FR 71230, Dec. 24, 1998. 
Redesignated and amended at 64 FR 36488, 36489, July 6, 1999]



   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 273.9).

[64 FR 36489, July 6, 1999]



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 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.

[[Page 421]]

    (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);
    (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

[[Page 422]]

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.
    (d) Lamps. A small quantity handler of universal waste must manage 
lamps in a way that prevents releases of any universal waste or 
component of a universal waste to the environment, as follows:
    (1) A small quantity handler of universal waste must contain any 
lamp in containers or packages that are structurally sound, adequate to 
prevent breakage, and compatible with the contents of the lamps. Such 
containers and packages must remain closed and must lack evidence of 
leakage, spillage or damage that could cause leakage under reasonably 
foreseeable conditions.
    (2) A small quantity handler of universal waste must immediately 
clean up and place in a container any lamp that is broken and must place 
in a container any lamp that shows evidence of breakage, leakage, or 
damage that could cause the release of mercury or other hazardous 
constituents to the environment. Containers must be closed, structurally 
sound, compatible with the contents of the lamps and must lack evidence 
of leakage, spillage or damage that could cause leakage or releases of 
mercury or other hazardous constituents to the environment under 
reasonably foreseeable conditions.

[60 FR 25542, May 11, 1995, as amended at 64 FR 36489, July 6, 1999]



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)''.
    (e) Each lamp or a container or package in which such lamps are 
contained must be labeled or marked clearly with one of the following 
phrases: ``Universal Waste--Lamp(s),'' or ``Waste Lamp(s),'' or ``Used 
Lamp(s)''.

[60 FR 25542, May 11, 1995, as amended at 64 FR 36489, July 6, 1999]



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 the date the universal 
waste is generated, or received from another handler, unless the 
requirements of paragraph (b) of this section are met.

[[Page 423]]

    (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.
    (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

[[Page 424]]

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]



   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 Sec. 273.9).

[64 FR 36489, July 6, 1999]



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 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

[[Page 425]]

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 the types of universal waste managed by the 
handler (e.g., batteries, pesticides, thermostats, lamps);
    (5) A statement indicating that the handler is accumulating more 
than 5,000 kg of universal waste at one time and the types of universal 
waste (e.g., batteries, pesticides, thermostats, and lamps) the handler 
is accumulating above this quantity.

[60 FR 25542, May 11, 1995, as amended at 64 FR 36489, July 6, 1999]



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 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

[[Page 426]]

    (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.
    (d) Lamps. A large quantity handler of universal waste must manage 
lamps in a way that prevents releases of any universal waste or 
component of a universal waste to the environment, as follows:
    (1) A large quantity handler of universal waste must contain any 
lamp in containers or packages that are structurally sound, adequate to 
prevent breakage, and compatible with the contents of the lamps. Such 
containers and packages must remain closed and must lack evidence of 
leakage, spillage or damage that could cause leakage under reasonably 
foreseeable conditions.

[[Page 427]]

    (2) A large quantity handler of universal waste must immediately 
clean up and place in a container any lamp that is broken and must place 
in a container any lamp that shows evidence of breakage, leakage, or 
damage that could cause the release of mercury or other hazardous 
constituents to the environment. Containers must be closed, structurally 
sound, compatible with the contents of the lamps and must lack evidence 
of leakage, spillage or damage that could cause leakage or releases of 
mercury or other hazardous constituents to the environment under 
reasonably foreseeable conditions.

[60 FR 25542, May 11, 1995, as amended at 64 FR 36489, July 6, 1999]



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:
    (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).
    (e) Each lamp or a container or package in which such lamps are 
contained must be labeled or marked clearly with any one of the 
following phrases: ``Universal Waste--Lamp(s),'' or ``Waste Lamp(s),'' 
or ``Used Lamp(s)''.

[60 FR 25542, May 11, 1995, as amended at 64 FR 36489, July 6, 1999]



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;

[[Page 428]]

    (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.



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

[[Page 429]]

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.
    (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]



          Subpart D--Standards for Universal Waste Transporters



Sec. 273.50  Applicability.

    This subpart applies to universal waste transporters (as defined in 
Sec. 273.9).

[64 FR 36490, July 6, 1999]



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

[[Page 430]]

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''.



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]



             Subpart E--Standards for Destination Facilities



Sec. 273.60  Applicability.

    (a) The owner or operator of a destination facility (as defined in 
Sec. 273.9) 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).

[60 FR 25542, May 11, 1995, as amended at 64 FR 36490, July 6, 1999]



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

[[Page 431]]

containing universal waste, or a portion of a shipment containing 
universal waste. If the owner or operator of the destination facility 
rejects a shipment or a portion of a shipment, he must contact the 
shipper to notify him of the rejection and to discuss reshipment of the 
load. The owner or operator of the destination facility must:
    (1) Send the shipment back to the original shipper, or
    (2) If agreed to by both the shipper and the owner or operator of 
the destination facility, send the shipment to another destination 
facility.
    (c) If the a owner or operator of a destination facility receives a 
shipment containing hazardous waste that is not a universal waste, the 
owner or operator of the destination facility must immediately notify 
the 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]



   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 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

[[Page 432]]

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 this part 273 by using a generic name to identify 
the waste category (e.g., batteries), the definition of universal waste 
in Sec. 260.10 of this chapter and Sec. 273.9 will be amended to include 
only the hazardous waste portion of the waste category (e.g., hazardous 
waste batteries).) Thus, only the portion of the waste stream that does 
exhibit one or more characteristics (i.e., is hazardous waste) is 
subject to the universal waste regulations of this 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.

[60 FR 25542, May 11, 1995, as amended at 64 FR 36490, July 6, 1999]



PART 279--STANDARDS FOR THE MANAGEMENT OF USED OIL--Table of Contents




                         Subpart A--Definitions

Sec.
279.1  Definitions.

                        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.

[[Page 433]]

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  Restrictions 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.
    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.

[[Page 434]]

    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 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

[[Page 435]]

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.
    (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.

[[Page 436]]

    (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 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

[[Page 437]]

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 
this part, 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; 63 FR 24969, May 6, 1998; 63 FR 37782, July 14, 1998]



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 438]]

    (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 439]]

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 that is not subject to the requirements of part 280, 
subpart F of this chapter and which has occurred after the effective 
date of the recycled used oil management program in effect in the State 
in which the release is located, a generator must perform the following 
cleanup steps:
    (1) Stop the release;
    (2) Contain the released used oil;
    (3) Clean up and manage properly the released used oil and other 
materials; and
    (4) If necessary, repair or replace any leaking used oil storage 
containers or tanks prior to returning them to service.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993; 63 
FR 24969, May 6, 1998]



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 440]]

    (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 441]]

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 442]]

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 443]]

    (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 444]]

    (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 that is not subject to the requirements of part 280, 
subpart F of this chapter and which has occurred after the effective 
date of the recycled used oil management program in effect in the State 
in which the release is located, the owner/operator of a transfer 
facility must perform the following cleanup steps:
    (1) Stop the release;
    (2) Contain the released used oil;
    (3) Clean up and manage properly the released used oil and other 
materials; and
    (4) If necessary, repair or replace any leaking used oil storage 
containers or tanks prior to returning them to service.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993; 63 
FR 24969, May 6, 1998]



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;

[[Page 445]]

    (2) The EPA identification number (if applicable) of the generator, 
transporter, or processor/re-refiner who provided the used oil for 
transport;
    (3) The quantity of used oil accepted;
    (4) The date of acceptance; and
    (5)(i) Except as provided in paragraph (a)(5)(ii) of this section, 
the signature, dated upon receipt of the used oil, of a representative 
of the generator, transporter, or processor/re-refiner who provided the 
used oil for transport.
    (ii) Intermediate rail transporters are not required to sign the 
record of acceptance.
    (b) Deliveries. Used oil transporters must keep a record of each 
shipment of used oil that is delivered to another used oil transporter, 
or to a used oil burner, processor/re-refiner, or disposal facility. 
Records of each delivery must include:
    (1) The name and address of the receiving facility or transporter;
    (2) The EPA identification number of the receiving facility or 
transporter;
    (3) The quantity of used oil delivered;
    (4) The date of delivery;
    (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;

[[Page 446]]

    (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 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.

[[Page 447]]

    (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 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,

[[Page 448]]

spill control equipment, communications and alarm systems (internal and 
external), and decontamination equipment), where this equipment is 
required. This list must be kept up to date. In addition, the plan must 
include the location and a physical description of each item on the 
list, and a brief outline of its capabilities.
    (vi) The plan must include an evacuation plan for facility personnel 
where there is a possibility that evacuation could be necessary. This 
plan must describe signal(s) to be used to begin evacuation, evacuation 
routes, and alternate evacuation routes (in cases where the primary 
routes could be blocked by releases of used oil or fires).
    (3) Copies of contingency plan. A copy of the contingency plan and 
all revisions to the plan must be:
    (i) Maintained at the facility; and
    (ii) Submitted to all local police departments, fire departments, 
hospitals, and State and local emergency response teams that may be 
called upon to provide emergency services.
    (4) Amendment of contingency plan. The contingency plan must be 
reviewed, and immediately amended, if necessary, whenever:
    (i) Applicable regulations 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

[[Page 449]]

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;
    (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

[[Page 450]]

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).
    (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

[[Page 451]]

    (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 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 that is not subject to the requirements of part 280, 
subpart F of this chapter and which has occurred after the effective 
date of the recycled used oil management program in effect in the State 
in which the release is located, an owner/operator must perform the 
following cleanup steps:
    (1) Stop the release;
    (2) Contain the released used oil;
    (3) Clean up and manage properly the released used oil and other 
materials; and
    (4) If necessary, repair or replace any leaking used oil storage 
containers or tanks prior to returning them to service.
    (h) Closure--(1) Aboveground tanks. Owners and operators who store 
or process used oil in aboveground tanks must comply with the following 
requirements:
    (i) At closure of a tank system, the owner or operator must remove 
or decontaminate used oil residues in tanks, contaminated containment 
system components, contaminated soils, and structures and equipment 
contaminated with used oil, and manage them as 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; 63 
FR 24969, May 6, 1998]



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

[[Page 452]]

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:
    (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

[[Page 453]]

    (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 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

[[Page 454]]

    (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 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)

[[Page 455]]

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 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 the detection of a release of used 
oil to the environment that is not subject to the requirements of part 
280, subpart F of this chapter and which has occurred after the 
effective date of the recycled used oil management program in effect in 
the State in which the release is located, a burner must perform the 
following cleanup steps:
    (1) Stop the release;
    (2) Contain the released used oil;

[[Page 456]]

    (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; 63 
FR 24969, May 6, 1998]



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 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;

[[Page 457]]

    (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 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

[[Page 458]]

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; 63 
FR 24969, May 6, 1998; 63 FR 37782, July 14, 1998]



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 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.

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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.
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

[[Page 460]]

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.
    (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.

[[Page 461]]

    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 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.)

[[Page 462]]

    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 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.

[[Page 463]]

    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 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

[[Page 464]]

    (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.

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.''

[[Page 465]]

    (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 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.

[[Page 466]]

    (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
    (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

[[Page 467]]

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 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

[[Page 468]]

(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 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

[[Page 469]]

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
    (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

[[Page 470]]

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 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.

[[Page 471]]



------------------------------------------------------------------------
                                               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.
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

[[Page 472]]

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;
    (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:

[[Page 473]]

    (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 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,

[[Page 474]]

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, 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;

[[Page 475]]

    (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,
    (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.

[[Page 476]]



      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:
    (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;

[[Page 477]]

    (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 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;

[[Page 478]]

    (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 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

[[Page 479]]

    (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;
    (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.

[[Page 480]]

    (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
    (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.

[[Page 481]]



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 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.

[[Page 482]]



                   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).
    (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:

[[Page 483]]

    (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 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.

[[Page 484]]

    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 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

[[Page 485]]

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.
    (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

[[Page 486]]

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, 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.

[[Page 487]]

    [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.............................        $________
 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

[[Page 488]]

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 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)

[[Page 489]]

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'' 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

[[Page 490]]

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:

_______________________________________________________________________

    (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'']

[[Page 491]]

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.
    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:

[[Page 492]]

    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] 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],

[[Page 493]]

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 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.

[[Page 494]]

    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]

                          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

[[Page 495]]

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, 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

[[Page 496]]

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 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.

[[Page 497]]

    (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 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

[[Page 498]]

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:
    (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;

[[Page 499]]

    (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 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.

[[Page 500]]

               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 
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

[[Page 501]]

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 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

[[Page 502]]

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 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),

[[Page 503]]

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, 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

[[Page 504]]

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.

                 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 ____________

[[Page 505]]

                   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 ____________

       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

[[Page 506]]

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.
    (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;

[[Page 507]]

    (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(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

[[Page 508]]

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 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

[[Page 509]]

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 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).

[[Page 510]]

    (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 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

[[Page 511]]

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.
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

[[Page 512]]

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:

                   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

[[Page 513]]

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 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

[[Page 514]]

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 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]

[[Page 515]]



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 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

[[Page 516]]

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]



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]

[[Page 517]]



Sec. 280.116  Suspension of enforcement. [Reserved]



                       Subpart I--Lender Liability

    Source: 60 FR 46711, Sept. 7, 1995, unless otherwise noted.



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

[[Page 518]]

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.



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,

[[Page 519]]

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.
    (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

[[Page 520]]

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 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

[[Page 521]]

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 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

[[Page 522]]

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 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.


[[Page 523]]


    (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) 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 524]]

      Appendix I to Part 280--Notification for Underground Storage 
                             Tanks (Form)
    [GRAPHIC] [TIFF OMITTED] TC06NO91.024
    

[[Page 525]]


[GRAPHIC] [TIFF OMITTED] TC01AU92.048


[[Page 526]]


[GRAPHIC] [TIFF OMITTED] TC01AU92.049

    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

[[Page 527]]

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
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

[[Page 528]]

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 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.

[[Page 529]]



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
    (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

[[Page 530]]

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:
    (i) Adopting or enforcing requirements that are more stringent or 
more extensive than those required under this part; or

[[Page 531]]

    (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.



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

[[Page 532]]

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 533]]





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:
    (1) If the petroleum is conveyed under greater than atmospheric 
pressure:

[[Page 534]]

    (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 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

[[Page 535]]

    (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.
    (d) States must require owners and operators to maintain records 
that demonstrate compliance with the state financial responsibility 
requirements,

[[Page 536]]

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,

[[Page 537]]

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 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.

[[Page 538]]

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
    (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

[[Page 539]]

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 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

[[Page 540]]

have adequate capability to administer and enforce the state program. In 
evaluating whether such capability exists, the Agency will consider 
whether the 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  Alabama State-Administered Program.
282.51--282.52  [Reserved]
282.53  Arkansas State-Administered Program.
282.54--282.55  [Reserved]
282.56  --Connecticut State-Administered Program.
282.57--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  [Reserved]
282.71  Massachusetts State-Administered Program.
282.72--282.73  [Reserved]
282.74  Mississippi State-Administered Program.
282.75--282.77  [Reserved]
282.78  Nevada State-Administered Program.
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  Tennessee State-Administered Program.
282.93  Texas State-Administered Program.
282.94  Utah State-Administered Program.
282.95  Vermont State-Administrered Program.
282.96--282.101  [Reserved]
282.102  Puerto Rico State-Administered Program.

[[Page 541]]

282.103--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, 6991c, 6991d, and 6991e.

    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 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



Sec. 282.50  Alabama State-Administered Program.

    (a) The State of Alabama 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 Alabama Department of Environmental Management, was approved by 
EPA pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA 
published the notice for final determination on the approved Alabama 
underground storage tank program concurrently with this notice and it 
will be effective on March 25, 1997.
    (b) Alabama has primary responsibility for enforcing its underground 
storage tank program. However, EPA

[[Page 542]]

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, Alabama 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 Alabama 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) Alabama will have final approval for the following elements 
submitted to EPA in Alabama's program application for final approval and 
to be published in the Federal Register concurrently with this notice, 
and to be effective on March 25, 1997. Copies of Alabama's underground 
storage tank program may be obtained from the Ground Water Branch, 
Alabama Department of Environmental Management, 1751 W.L. Dickinson 
Drive, Montgomery, Alabama 36130.
    (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) Alabama Statutory Requirements Applicable to the Underground 
Storage Tank Program, 1996.
    (B) Alabama Regulatory Requirements Applicable to the Underground 
Storage Tank Program, 1996.
    (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 Alabama 1975, Title 
22, Chapter 36, Section 9 and Code of Alabama 1975, Title 22, Chapter 
22A, Section 5(19).
    (B) The regulatory provisions include: none.
    (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 Alabama 1975, Title 22, Chapter 36, Section 5, insofar 
as it refers to underground storage tank regulation fees.
    (B) Code of Alabama 1975, Title 22, Chapter 36, Section 7, insofar 
as it refers to rules and regulations to establish and protect wellhead 
areas from contaminants.
    (C) Alabama Department of Environmental Management Administrative 
Code Section 335-6-15-.05, insofar as it requires notification of 
underground storage tank systems taken out of operation on or before 
January 1, 1974.
    (D) Alabama Department of Environmental Management Adminstrative 
Code Section 335-6-15-.45, insofar as it requires underground storage 
tank regulation fees.
    (E) Alabama Department of Environmental Management Adminstrative 
Code R. 335-6-15-.47, insofar as it refers to financial responsibility 
for hazardous substance underground storage tank systems.
    (2) Statement of legal authority. (i) ``Attorney General's Statement 
for Final Approval'', signed by the Attorney General of Alabama on June 
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.
    (ii) Letter from the Attorney General of Alabama to EPA, June 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.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the final application in July 1994 and revised in March 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.
    (4) Program description. The program description and any other 
material submitted as part of the final application in July 1994 and 
revised in March

[[Page 543]]

1995, 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 Alabama Department of Environmental Management, 
signed by the EPA, Regional Administrator on August 2, 1996, 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.

[62 FR 3614, Jan. 24, 1997]



Secs. 282.51--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 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

[[Page 544]]

    (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
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

[[Page 545]]

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--282.55  [Reserved]



Sec. 282.56  Connecticut State-Administered Program.

    (a) The State of Connecticut 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 Connecticut Department of Environmental Protection, was approved 
by EPA pursuant to 42 U.S.C. 6991c and 40 CFR part 281. EPA approved the 
Connecticut program on June 27, 1995, and the approval was effective on 
August 4, 1995.
    (b) Connecticut 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, Connecticut 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 Connecticut 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) Connecticut has final approval for the following elements 
submitted to EPA in Connecticut's program application for final approval 
EPA and approved by EPA on June 27, 1995, effective on August 4, 1995. 
Copies may be obtained from the Underground Storage Tank Program, 
Connecticut Department of Environmental Protection, 79 Elm Street, 
Hartford, CT 06106. 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) Connecticut Statutory Requirements Applicable to the Underground 
Storage Tank Program, 1996.
    (B) Connecticut Regulatory Requirements Applicable to the 
Underground Storage Tank Program, 1996.
    (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) Legal Authorities for Compliance Monitoring and Inspections. 
Connecticut General Statutes, Sections 22a-6(a)(5), 22a-336, 54-33a.
    (2) Legal Authorities for Enforcement Response. Connecticut 22a-
430(d), 22a-431, 22a-432, 22a-433, 22a-435, 22a-438, 52-471, 52-473, 52-
474, 52-480 and 52-481.
    (3) Public Participation in the State Enforcement Process. 
Connecticut General Statutes, Sections 4-177a, 22a-6, 22a-16, 22a-18, 
22a-19, 52-107, and 52-474.
    (B) Regulatory provisions include: Public Participation in the State 
Enforcement Process. (R.C.S.A.) Sections 22a-3a-6-(k).
    (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) Section 22a-449(d)-1 of the Regulations of Connecticut State 
Agencies for the Control of the Nonresidential Underground Storage and 
Handling of Oil and Petroleum Liquids; and

[[Page 546]]

    (B) Requirements, including those for registration and permanent 
closure, for tanks greater than 2,100 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 Connecticut on 
December 21, 1994, though not incorporated by reference, is referenced 
as part of the State's approved underground storage tank program under 
Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (ii) Letter from the Attorney General of Connecticut to EPA, 
December 21, 1994, though not incorporated by reference, is referenced 
as part of the State's 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 1994, though not 
incorporated by reference, is referenced as part of the State's 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 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. On October 16, 1995, EPA and the 
Connecticut Department of Environmental Protection 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 41509, Aug. 9, 1996]



Secs. 282.57--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 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

[[Page 547]]

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 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

[[Page 548]]

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]



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.

[[Page 549]]

    (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.
    (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

[[Page 550]]

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
    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

[[Page 551]]

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.
    (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

[[Page 552]]

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]



Sec. 282.70  [Reserved]



Sec. 282.71  Massachusetts State-Administered Program.

    (a) The State of Massachusetts 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 Massachusetts Department of Public Safety (now called the 
Massachusetts Department of Fire Services) and the Massachusetts 
Department of Environmental Protection, was approved by EPA pursuant to 
42 U.S.C. 6991c and 40 CFR Part 281 EPA approved the Massachusetts 
program on March 3, 1995, which was effective on April 17, 1995.
    (b) Massachusetts 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 RCRA, 42 U.S.C. 6991d and 6991e, as well as under other 
statutory and regulatory provisions.
    (c) To retain program approval, Massachusetts must revise its 
approved program to adopt new changes to the federal subtitle I program 
which make

[[Page 553]]

it more stringent, in accordance with Section 9004 of RCRA, 42 U.S.C. 
6991c, and 40 CFR Part 281, subpart E. If Massachusetts 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) Massachusetts has final approval for the following elements 
submitted to EPA in Massachusetts' program application for final 
approval and approved by EPA on March 3, 1995. Copies may be obtained 
from the Underground Storage Tank Program, Massachusetts Department of 
Environmental Protection, 1 Winter Street, Boston, MA 02108 or 
Massachusetts Department of Fire Services, P.O. Box 1025, State Road, 
Stowe, MA 01775. 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) Massachusetts Statutory Requirements Applicable to the 
Underground Storage Tank Program at Massachusetts General Laws, Chapter 
148, Section 13 Paragraph 3 and Sections 38, 38A-38C, and 38E; 
Massachusetts General Laws, Chapter 21E, Sections 2, 3A(e) and 3(c), 4, 
5, 6, 8.
    (B) Massachusetts Regulatory Requirements Applicable to the 
Underground Storage Tank Program at 527 CMR 9.00-9.02 and 9.05, 9.06(C), 
(D) and (E), and 9.07(A)-(I) and 9.07((K)-(L); and those provisions of 
310 CMR Sections 40.0000 subparts A-O only insofar as they pertain to 
the regulation of underground storage tanks in Massachusetts and only 
insofar as they are not broader in scope than the federal requirements. 
Note that reserved sections of 310 CMR 40.0000 et seq. are not 
incorporated by reference.
    (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: Massachusetts General Laws, 
Chapter 148, Section 4; Sections 38D, 38F, 38I through 38H; 
Massachusetts General Law, Chapter 21E, The Massachusetts Oil and 
Hazardous Materials Release Prevention and Response Act, Amended 1992 
Massachusetts General Laws, Sections 7, 9, and 11, and Chapter 21J, 
Sections 2-4; and, Massachusetts General Law, Chapter 185, Section 3.
    (B) The regulatory provisions include: Massachusetts Board of Fire 
Prevention Rules, 527 CMR Sections 9.07(J); and, Massachusetts 
Environmental Protection Rules, and those provisions of 310 CMR Sections 
40.0000 Subparts A-O only insofar as they pertain to the regulation of 
underground storage tanks in Massachusetts and are not incorporated by 
reference and only insofar as they are not broader in scope than the 
federal requirements.
    (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) Massachusetts Board of Fire Prevention Rules, Sections 9.03 
through 9.04 which pertain to aboveground tanks; 9.05A(4) insofar as it 
refers to upgrade requirements for new or replacement underground tanks 
for consumptive use on the premises; 9.06 (A) and (B) insofar as they 
refer to aboveground tanks; and 9.07(J) insofar as it refers to 
aboveground tanks, and those provisions of 310 CMR 40.0000 Subparts A-O 
insofar as they do not relate to underground storage tanks and with 
respect to underground storage tanks insofar as they are broader in 
scope than the federal requirements.
    (B) [Reserved]
    (2) Statement of legal authority. (i) ``Attorney General's Statement 
for Final Approval'', signed by the Attorney General of Massachusetts on 
August 18, 1993, though not incorporated by reference, is 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 Massachusetts to EPA, 
August 18, 1993, though not incorporated by reference, is part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.

[[Page 554]]

    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application in December 1991, though not 
incorporated by reference, is 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 (PD) and any other 
material submitted as part of the original application in December 1991, 
though not incorporated by reference, are 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 April 30, 1995, EPA and the 
Massachusetts Department of Public Safety and the Massachusetts 
Department of Environmental Protection Memorandum of Agreement (MOA), 
though not incorporated by reference, is part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.

[61 FR 56136, Oct. 31, 1996]



Secs. 282.72--282.73  [Reserved]



Sec. 282.74  Mississippi State-Administered Program.

    (a) The State of Mississippi 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 Mississippi Department of Environmental Quality, was approved by 
EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA 
approved the Mississippi program on June 11, 1990 and it was effective 
on July 11, 1990.
    (b) Mississippi 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, Mississippi 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 Mississippi 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) Mississippi has final approval for the following elements 
submitted to EPA in the State's program application for final approval 
and approved by EPA on June 11, 1990. Copies may be obtained from the 
Underground Storage Tank Program, Mississippi Department of 
Environmental Quality, 2380 Highway 80 West, Jackson, MS 39289-0385.
    (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) Mississippi Statutory Requirements Applicable to the Underground 
Storage Tank Program, 1996.
    (B) Mississippi Regulatory Requirements Applicable to the 
Underground Storage Tank Program, 1996.
    (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) Mississippi Code of 1972, Title 49, Sections 49-17-401 through 
49-17-435, Underground Storage Tank Act of 1988, as amended.

49-17-415  Obligations of owners and operators of tanks; powers of 
          commission or representatives
49-17-427  Proceedings before commission; penalties for violations of 
          Sections 49-17-401 through 49-17-433
49-17-431  Appeal rights

    (2) Mississippi Code of 1972, Title 49, Chapter 17, Pollution of 
Waters, Streams, and Air.

49-17-17  Powers and duties
49-17-27  Emergency orders; public notice of emergency situations
49-17-31  Proceedings before commission
49-17-33  Hearings
49-17-35  Request for hearing

[[Page 555]]

49-17-41  Administrative appeals; appeals to chancery court; appeals to 
          supreme court
49-17-43  Penalties

    (3) Mississippi Code of 1972, Title 49, Chapter 2, Department of 
Environmental Quality.

49-2-9  Commission on Environmental Quality; powers and duties
49-2-13  Powers and duties of executive director

    (4) Mississippi Code of 1972, Title 17, Chapter 17, Solid Wastes 
Disposal.

17-17-29  Penalties; injunction; recovery of cost of remedial action; 
          disposition of fines

    (B) The regulatory provisions include:
    (1) Mississippi Groundwater Protection Trust Fund Regulations.

Section XX  Enforcement Actions
    (2) [Reserved]

    (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:
    (1) Mississippi Code of 1972, Title 49, Sections 49-17-401 through 
49-17-433, Underground Storage Tank Act of 1988.

49-17-429  Certification to install, alter or remove underground storage 
          tanks
    (2) [Reserved]

    (B) The regulatory provisions include:
    (1) Underground Storage Tank Regulations for the Certification of 
Persons who Install, Alter, and Remove Underground Storage Tanks.

Section I  General Intent
Section II  Legal Authority
Section III  Definitions
Section IV  Applicability
Section V  General Requirements
Section VI  Certification Requirements
Section VII  Testing
Section VIII  Certification
Section IX  Certification Renewals
Section X  Continuing Education
Section XI  Lapsed Certification
Section XII  Revocation, Denial, and Non-Renewal of Certificates
Section XIII  Enforcement and Appeals
Section XIV  Property Rights

    (2) Mississippi Groundwater Protection Trust Fund Regulations.

Section IV  Immediate Response Action Contractor (IRAC) Application 
          Process
Section V  IRAC Application Review
Section VI  IRAC Performance Standards
Section VII  Denial of IRAC Applications
Section VIII  Removal from the Approved List of IRAC's
Section IX  Engineering Response Action Contractor (ERAC) Application 
          Process
Section X  ERAC Submittal of Documentation Requested By the Department
Section XI  ERAC Performance Standards
Section XII  Removal from the Approved List of ERAC's
Section XIII  Denial of ERAC Applications

    (2) Statement of legal authority. (i) ``Attorney General's Statement 
for Final Approval'', signed by the State Attorney General on August 15, 
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.
    (ii) Letter from the Attorney General of Mississippi to EPA, August 
15, 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.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application on August 14, 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 August 14, 
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 4 and the Mississippi Department of Environmental Quality, 
approved by the EPA Regional Administrator, as part of the delegation 
package which received final program approval on June 11, 1990, though 
not incorporated by reference, is referenced as part of the approved 
underground

[[Page 556]]

storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[62 FR 28366, May 23, 1997]



Secs. 282.75--282.77  [Reserved]



Sec. 282.78  Nevada State-Administered Program.

    (a) The State of Nevada 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 Nevada Division of Environmental Protection was approved by EPA 
pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA approved 
the Nevada program on December 24, 1992 and it was effective March 30, 
1993.
    (b) Nevada 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, Nevada must revise its approved 
program to adopt new changes to the Federal Subtitle I program, which 
makes it more stringent in accordance with section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Nevada 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) Nevada has final approval for the following elements submitted 
to EPA in Nevada's program application for final approval and approved 
by EPA on December 24, 1992. Copies may be obtained from the Nevada 
State Office Library, Board Room, 100 Stewart Street, Carson City, 
Nevada 89710.
    (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) Nevada Statutory Requirements Applicable to the Underground 
Storage Tank Program, 1992.
    (B) Nevada Regulatory Requirements Applicable to the Underground 
Storage Tank Program, 1992.
    (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: Nevada Revised Statutes 459 
Underground Storage Tank Program (1992) Sections 459.826, 459.830, 
459.832, 459.834, 459.844, 459.846, 459.848, 459.850, 459.852, 459.854, 
and 459.856.
    (B) The regulatory provisions include: none.
    (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: 
none.
    (2) Statement of legal authority. (i) ``Attorney General's Statement 
of Final Approval,'' signed by the Attorney General of Nevada on 
December 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 Nevada to EPA, dated 
December 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 of October 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.
    (4) Program description. The program description and any other 
material submitted as part of the original application in October 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.

[[Page 557]]

    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 9 and the Nevada Division of Environmental Protection, signed by 
the EPA Regional Administrator on December 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.

[63 FR 38500, July 17, 1998]



Sec. 282.79  New Hampshire.

    (a) The State of New Hampshire 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 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,

[[Page 558]]

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 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

[[Page 559]]

    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

    (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

[[Page 560]]

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
    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.

[[Page 561]]

    (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.
    (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

[[Page 562]]

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 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,

[[Page 563]]

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 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.

[[Page 564]]

    (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.
    (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.

[[Page 565]]

    (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. 
    (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  Tennessee State-Administered Program.

    (a) The State of Tennessee is approved to administer and enforce a 
petroleum 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 Tennessee Department of Environment and 
Conservation, Division of Underground Storage Tanks, was approved by EPA 
pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA approved 
the Tennessee program on November 17, 1998 and it was effective on 
January 19, 1999.
    (b) Tennessee has primary responsibility for enforcing its petroleum 
underground storage tank program. However, EPA retains the authority to 
exercise its inspection and enforcement authorities under sections 9005 
and 9006

[[Page 566]]

of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other 
statutory and regulatory provisions. EPA also retains all authority to 
operate the hazardous substance underground storage tank program.
    (c) To retain program approval, Tennessee 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 Tennessee 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) Tennessee has final approval for the following elements 
submitted to EPA in the State's program application for final approval 
and approved by EPA on November 17, 1998. Copies may be obtained from 
the Underground Storage Tank Program, Tennessee Department of 
Environment and Conservation, Division of Underground Storage Tanks, 4th 
Floor, L&C Tower, 401 Church Street, Nashville, Tennessee 37243-1541.
    (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) Tennessee Statutory Requirements Applicable to the Underground 
Storage Tank Program, 1998.
    (B) Tennessee Regulatory Requirements Applicable to the Underground 
Storage Tank Program, 1998.
    (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) General Statutes of Tennessee, Chapter 215--Tennessee Petroleum 
Underground Storage Tank Act:

Section 68-215-107  Supervision, inspection, and enforcement 
          responsibilities
Section 68-215-114  Order for correction--Liability
Section 68-215-116  Failure to take proper action
Section 68-215-119  Review of orders and revocations
Section 68-215-120  Criminal penalties--Suspension of certificates
Section 68-215-121  Civil penalty--Assessment
Section 68-215-122  Injunctions

    (B) The regulatory provisions include:
    (1) Tennessee Department of Environment and Conservation, 
Underground Storage Tank Program Rules, Chapter 1200-1-15: Not 
applicable.
    (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:
    (1) Tennessee Code Annotated, Title 68, Chapter 215:

Section 68-215-102(a)(3)  [Insofar as it refers to the intent to develop 
          long range plans to meet future petroleum underground storage 
          tank demands.]
Section 68-215-102(a)(5)  [Insofar as it provides for a cleanup fund.]
Section 68-215-104  [Insofar as it applies to persons other than 
          underground storage tank owners or operators.]
Section 68-215-106(a)(6)  [Insofar as it requires any person who 
          deposits petroleum in underground storage tanks to notify the 
          owner or operator of state notification requirements.]
Section 68-215-106(c)(2)  [Insofar as it applies to persons other than 
          owners and operators placing petroleum substances in an 
          underground storage tank.]
Section 68-215-107(f)(9)  [Insofar as it provides for rule development 
          for the assessment and collections of fees.]
Section 68-215-109  [Insofar as it allows for levying and collection of 
          annual fees to operate the underground storage tank fund and 
          develop rules.]
Section 68-215-110  [Insofar as it establishes a petroleum underground 
          storage tank fund.]
Section 68-215-111  [Insofar as it refers to uses of the state 
          underground storage tank fund.]
Section 68-215-112  [Insofar as it established a petroleum underground 
          storage tank board.]
Section 68-215-113  [Insofar as it established board meeting, public 
          hearing, and board compensation.]
Section 68-215-115  [Insofar as it establishes cost recovery and 
          apportionment of liability for cleanups.]

[[Page 567]]

Section 68-215-117  [Insofar as it applies to persons other than 
          underground storage tank owners and operators.]
Section 68-215-125  [Insofar as it applies to the state underground 
          storage tank fund.]
Section 68-215-128  [Insofar as it requires a report to the General 
          Assembly.]

    (B) The regulatory provisions include:
    (1) Tennessee Department of Environment and Conservation, 
Underground Storage Tank Program Rules, Chapter 1200-1-15:

Section .09  [Insofar as it refers to guidelines and procedures for 
          administering the Tennessee petroleum underground storage tank 
          fund.]
Section .10  [Insofar as it refers to annual fees, the use, collection 
          and failure to pay fees.]
Section .11  [Insofar as it requires underground storage tank fees, use, 
          collection and failure to pay penalties, and fee notices.]

    (2) Statement of legal authority. ``Attorney General's Statement of 
`No Less Stringent' Requirements and `Adequate Enforcement' Authorities 
Implementing Underground Storage Tank Program'', signed by the State 
Attorney General on June 3, 1996, 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 1, 1996, 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 1, 
1996, 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 Tennessee Department of Environment and Conservation, 
Division of Underground Storage Tanks, signed by the EPA Regional 
Administrator on July 1, 1998, 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.

[64 FR 28929, May 28, 1999]



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.
    (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

[[Page 568]]

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
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

[[Page 569]]

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.)
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.)

[[Page 570]]

     (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
Sec. 334.428  Type of Hearing

[[Page 571]]

  (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 572]]

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 573]]

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 574]]

    (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--282.101  [Reserved]



Sec. 282.102  Puerto Rico State-Administered Program.

    (a) The Commonwealth of Puerto Rico 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 Commonwealth's 
program, as administered by the Commonwealth of Puerto Rico 
Environmental Quality Board, is approved by EPA pursuant to 42 U.S.C. 
6991c and Part 281 of this chapter. EPA is publishing the notice of 
final determination on the approved Commonwealth of Puerto Rico 
underground storage tank program concurrently with this notice and it 
will be effective on March 31, 1998.
    (b) The Commonwealth of Puerto Rico has primary responsibility for 
enforcing its underground storage tank program. However, EPA retains the 
authority to exercise its corrective action, inspection and enforcement 
authorities under sections 9003(h)(1), 9005 and 9006 of subtitle I of 
RCRA, 42 U.S.C. 6991b(h)(1), 6991d and 6991e, as well as its authority 
under other statutory and regulatory provisions.
    (c) To retain program approval, the Commonwealth of Puerto Rico 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 the 
Commonwealth 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) The Commonwealth of Puerto Rico has final approval for the 
following elements submitted to EPA in its program application for final 
approval and to be published in the Federal Register concurrently with 
this notice, and to be effective on March 31, 1998. Copies may be 
obtained from the Underground Storage Tank Program, Puerto Rico 
Environmental Quality Board, 431 Ponce De Leon Avenue, Nacional Plaza, 
Suite 614, Hato Rey, PR 00917, Phone: (787) 767-8109.
    (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) Puerto Rico Statutory Requirements Applicable to the Underground 
Storage Tank Program, 1997.
    (B) Puerto Rico Regulatory Requirements Applicable to the 
Underground Storage Tank Program, 1997.
    (ii) The following specifically identified sections and rules in the 
Commonwealth of Puerto Rico's statutes, regulations and rules are part 
of the approved Commonwealth program, although not incorporated by 
reference herein for enforcement purposes.
    (A) The statutory provisions include:

[[Page 575]]

    (1) Public Policy Environmental Act of 1970, Act Number 9, June 18, 
1970, as amended, 12 Laws of Puerto Rico Annotated (L.P.R.A.) Sec. 1121 
et seq.

(i) Section 1131 Functions and duties [Insofar as paragraphs (10), (12), 
    (13), (19), (22), (23), (25), (26), (29), and (30) set forth 
    enforcement authorities.]
(ii) Section 1134 Hearings, orders and judicial proceedings
(iii) Section 1136 Penalty
(iv) Section 1139 Civil actions
(v) Section 1142 Powers [Insofar as (b)(5) sets forth enforcement 
    authorities.]

    (2) Puerto Rico Environmental Emergency Fund Act, 12 L.P.R.A. 
Sec. 1269 et seq.
    (B) The regulatory provisions include:
    (1) Underground Storage Tank Control Regulations, Regulation Number 
4362, promulgated by the Commonwealth of Puerto Rico Environmental 
Quality Board on November 7, 1990.
    (2) Part X--General Provisions.

(i) Rule 1005 Right of Entry
(ii) Rule 1007 Notice of Violation and Compliance Order
(iii) Rule 1008 Closure of an Underground Storage Tank
(iv) Rule 1010  Penalties

    (C) Other provisions include:
    (1) Puerto Rico Civil Procedure Rules of 1979, 32 L.P.R.A. Appendix 
III
    (2) Rules of Administrative Procedure for Hearings in Environmental 
Quality Board, Regulation Number 3672, promulgated on October 19, 1988.
    (iii) The following specifically identified sections and rules in 
the Commonwealth of Puerto Rico's statutes, regulations and rules 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:
    (1) Public Policy Environmental Act of 1970, Act Number 9, June 18, 
1970, as amended, 12 Laws of Puerto Rico Annotated (L.P.R.A.) Secs. 1121 
et seq.

(i) Section 1131--Functions and duties [Insofar as paragraph (13) 
    addresses permit and license requirements and associated fees, as 
    well as the NPDES and UIC programs; and paragraph (34) relates 
    solely to the solid and hazardous waste programs.]
(ii) Section 1132--Transfer of powers
(iii) Section 1135--Character of Board for federal purposes [Insofar as 
    it addresses permit requirements.]
(iv) Section 1138--Effectiveness of previous documents [Insofar as it 
    addresses permit and licensing requirements.]

    (B) The regulatory provisions include:
    (1) Underground Storage Tank Control Regulations, Regulation Number 
4362, promulgated by the Commonwealth of Puerto Rico Environmental 
Quality Board on November 7, 1990.
    (i) Part VI--Release Response and Corrective Action for UST Systems 
Containing Petroleum or Hazardous Substances: Rule 603--Initial 
Abatement Measures and Site Check [Insofar as 603(A)(5) requires owners 
and operators to obtain permits or franchises for drilling and 
installation of groundwater monitoring and/or extraction wells.]; Rule 
605--Free Product Removal [Insofar as 605(A) and 605(D)(6) require 
owners and operators to obtain permits or franchises for drilling and 
installation of water monitoring and/or extraction wells.].
    (ii) Part XII--Fee Rules [Insofar as fees are broader in scope than 
the federal program.]: Rule 1201--Applicability; Rule 1202--Annual 
Notification Fees; Rule 1203--Fee Relative to Transfer of Ownership; 
Rule 1204--Fees for Duplication of Records; Rule 1205--Fee Payments; 
Rule 1206--Exemptions from Fees; Rule 1207--Fees for Revision of 
Permanent Closure Plans; Rule 1208--Fees for Annual Re-certification of 
UST Facilities.
    (2) Statement of legal authority. The Attorney General Statement, a 
letter signed on July 2, 1997, 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 application for approval on January 17, 1996, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program

[[Page 576]]

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 application on January 17, 1996 and 
supplemented on April 17, 1997, 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 2 and the Puerto Rico Environmental Quality Board, signed by an 
authorized representative of the Environmental Quality Board on March 7, 
1997 and subsequently by an authorized representative of EPA, 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.

[63 FR 4593, Jan. 30, 1998]



Secs. 282.103--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:

                                 Alabama

    (a) The statutory provisions include Code of Alabama 1975, Title 22, 
Chapter 36, Underground Tank and Wellhead Protection Act:
Section 1
    Short title.
Section 2
    Definitions.
Section 3
    Rules and regulations governing underground storage tanks.
Section 4
    Information to be furnished by owner upon request of department; 
owner to permit access to records and entry and inspection of 
facilities.
Section 6
    Expenditure of funds from leaking underground storage tank trust 
fund; investigative and corrective powers in regard to administration of 
funds; liability of owner or operator for costs.
Section 8
    Availability to public of records, reports, or information obtained 
under chapter.
Section 10
    Rules and regulations.

    (b) The regulatory provisions include Alabama Department of 
Environmental Management, Administrative Code, Division 6, Water Quality 
Program, Volume II, revised effective: June 1, 1994, Chapter 335-6-15: 
Technical Standards, Corrective Action Requirements and Financial 
Responsibility for Owners and Operators of Underground Storage Tanks.
Section .01
    Purpose.
Section .02
    Definitions.
Section .03
    Applicability.
Section .04
    Interim Prohibition for Deferred UST Systems.
Section .05
    Notification, except those USTs taken out of operation on or before 
January 1, 1974.
Section .06
    Performance Standards for New UST Systems.
Section .07
    Upgrading of Existing UST Systems.
Section .08
    Plans and Specifications.
      
Section .09
    Spill and Overfill Control.
Section .10
    Operation and Maintenance of Corrosion Protection.
Section .11
    Compatibility.
Section .12
    Repairs Allowed.
Section .13
    Reporting and Recordkeeping.
Section .14
    General Release Detection Systems for all UST Systems.
Section .15
    Release Detection Requirements for Petroleum UST Systems.
Section .16
    Release Detection Requirements for Hazardous Substance UST Systems.
Section .17
    Methods of Release Detection for Tanks.
Section .18
    Methods of Release Detection for Pipes.
Section .19
    Release Detection Recordkeeping.
Section .20
    Reporting of Suspected Releases.
Section .21
    Investigation Due to Environmental Impact.
Section .22
    Release Investigation and Confirmation Steps.
Section .23
    Reporting and Clean-up of Spills and Overfills.

[[Page 577]]

Section .24
    Initial Release Response.
Section .25
    Initial Abatement Measures and Preliminary Investigation.
     
Section .26
    Preliminary Investigation Requirements.
Section .27
    Free Product Removal.
Section .28
    Secondary Investigation Requirements.
Section .29
    Corrective Action Plan.
Section .30
    Corrective Action Limits for Soils.
Section .31
    Corrective Action Limits for Ground Water.
Section .32
    Alternative Corrective Action Limits.
Section .33
    Risk Assessment.
Section .34
    Public Participation.
Section .35
    Analytical Requirements.
Section .36
    Temporary Closure.
Section .37
    Permanent Closure.
Section .38
    Site Closure or Change-in-Service Assessments.
Section .39
    Applicability to Previously Closed UST Systems.
Section .40
    Closure Records.
Section .41
    Alternate or Temporary Drinking Water Source.
Section .42
    Availability to Public of Records, Reports or information.
Section .43
    Access to Records.
Section .44
    Entry and Inspection of Facilities.
Section .46
    Financial Responsibility for Petroleum UST Owners and Operators.
Section .48
    Severability.

                                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

[[Page 578]]

    Section 10: Deductible
    Section 11: Third Party Claim Reimbursement Procedure
    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

                               Connecticut

    (a) The statutory provisions include Connecticut's General Statutes, 
Chapter 446k, Section 22a-449(d), Duties and Powers of Commissioner, 
January 1, 1995.
    (b) The regulatory provisions include Regulations of Connecticut 
State Agencies (``R.C.S.A.'') Sections 22a-449(d)-101 through 113, 
Underground Storage Tank System Management, July 28, 1994:

   Section 22a-449(d)-101  Technical Standards and Corrective Action 
  Requirements for Owners and Operators of Underground Storage Tanks--
                  Program Scope and Interim Prohibition

    (a) Applicability of Sections 22a-449(d)-101 through 22a-449(d)-113.
    (b) Interim Prohibition for deferred UST systems.
    (c) General.
    (d) Definition.

Section 22a-449(d)-102  UST Systems: Design, Construction, Installation, 
                            and Notification

    (a) Performance standards for new UST systems.
    (b) Notification Requirements.

         Section 22a-449(d)-103  General Operating Requirements

    (a) Spill and overflow control.
    (b) Operating and maintenance of corrosion protection.
    (c) Compatibility.
    (d) Repairs allowed.
    (e) Reporting and recordkeeping.

                Section 22a-449(d)-104  Release Detection

    (a) General requirements for all UST systems.
    (b) Additional requirements.
    (c) Requirements for petroleum UST systems.
    (d) Requirements for hazardous substance UST systems.
    (e) Methods of release detection for tanks.
    (f) Methods of release detection for piping.
    (g) Release detection recordkeeping.

     Section 22a-449(d)-105  Release Reporting, Investigation, and 
                              Confirmation

    (a) Reporting of suspected releases.
    (b) Investigation due to off-site impacts.
    (c) Release investigation and confirmation steps.
    (d) Reporting and cleanup of spills and overfills.

 Section 22a-449(d)-106  Release Response and Corrective Action for UST 
          Systems Containing Petroleum or Hazardous Substances

    (a) General.
    (b) Additional requirements.
    (c) Initial response.
    (d) Initial abatement measures and site check.
    (e) Initial site characterization.
    (f) Free product removal.
    (g) Investigations for soil and ground-water cleanup.
    (h) Corrective action plan.
    (i) Public participation.

     Section 22a-449(d)-107  Out-of-service UST Systems and Closure

    (a) Temporary closure.
    (b) Permanent closure.
    (c) Assessing the site at closure.
    (d) Applicability to previously closed UST systems.
    (e) Closure records.

                    Section 22a-449(d)-108  Reserved

            Section 22a-449(d)-109  Financial Responsibility

    (a) Applicability.
    (b) Compliance dates.
    (c) Definition of terms.
    (d) Amount and scope of required financial responsibility.
    (e) Allowable mechanisms and combinations of mechanisms.
    (f) Financial test of self-insurance.
    (g) Guarantee.
    (h) Insurance risk retention group coverage.
    (i) Surety bond.
    (j) Letter of credit.
    (k) Use of state-required mechanism.
    (l) State fund and other state assurance.
    (m) Trust fund.
    (n) Standby trust fund.
    (o) Substitution of financial assurance mechanisms by owner or 
operator.
    (p) Cancellation or non-renewal by a provider of financial 
assurance.
    (q) Reporting by owner or operator.
    (r) Record keeping.
    (s) Drawing of financial assurance mechanisms.
    (t) Release from the requirements.

[[Page 579]]

    (u) Bankruptcy or other incapacity of owner or operator or provider 
of financial assurance.
    (v) Replenishment of guarantees, letters of credit, or, surety 
bonds.
    (w) Suspension of enforcement [reserved].
    (x) 40 CFR Part 280 Appendix I is incorporated by reference, in its 
entirety.
    (y) Appendix II to 40 CFR Part 280--List of Agencies Designed to 
Receive Notification.
    (z) Appendix III to 40 CFR Part 280--Statement for Shipping Tickets 
and Invoices.

 Section 22a-449(d)-110  UST system upgrading, abandonment and removal 
                                  date

    (a) Petroleum UST system of which construction or installation began 
prior to November 1, 1985.
    (b) Hazardous substance UST system of which construction or 
installation began prior to December 22, 1988.
    (c) UST systems which comply with the standards specified in 
subsection 22a-449(d)-102(a) of these regulations.

                 Section 22a-449(d)-111  Life Expectancy

    (a) How life expectancy determinations shall be conducted
    (b) Life expectancy shall be as follows:
    (c) The life expectancy of an UST system component.

          Section 22a-449(d)-112  UST System Location Transfer

Section 22a-449(d)-113  Transfer of UST System Ownership, Possession, or 
                                 Control

    (a) Disclosure to transferee.
    (b) Information submitted to the commissioner pursuant to section 
22a-449(d)-102 of these regulations.

                                 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:

[[Page 580]]

    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
    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.''


[[Page 581]]


    (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

                                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

[[Page 582]]

    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
    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

                              Massachusetts

    (a) The statutory provisions include: General Laws of Massachusetts, 
Chapter 148, Section 38, 38A, B, C, and E:

                               Chapter 148

Section 38--Rules and Regulations
Section 38A--Prohibition of Removal of Certain Gasoline Tanks without 
Permit
Section 38B--Underground Storage Tanks; Definitions
Section 38C--Notification of Department of Public Health by Owners of 
Underground Storage Tanks
Section 38E--Regulations Governing Underground Storage Tanks

    Massachusetts General Law, Chapter 21E, The Massachusetts Oil and 
Hazardous Materials Release Prevention and Response Act, July 1, 1992.
Section 1--Title of Chapter
Section 2--Definitions
Section 3--Securing of benefits of FWPCA, CERCLA, etc. Massachusetts 
Contingency

[[Page 583]]

Plan; promulgation of necessary regulations
Section 4--Response actions to release or threatened release of oil or 
hazardous material; assessment, containment, and removal actions in 
accordance with Massachusetts contingency plan
Section 5--Liability of release or threat of release of oil or hazardous 
material; apportionment of costs; treble damages; nullification of 
indemnification, hold harmless, or similar agreements
Section 6--Prevention of control of release of hazardous materials; 
regulations of department; contingency plans; monitoring equipment
Section 7--Notice of requirements; release or threat of release of oil 
or hazardous material; exceptions

    (b) The regulatory provisions include: State of Massachusetts, Board 
of Fire Prevention Regulations, 527 CMR 9.00-9.02 and 9.05, 9.06(C)-(E), 
and 9.07(A)-(I) and (K)-(L) (effective July 3, 1993); and Massachusetts 
Environmental Protection Rules, 310 CMR 40.0000 Subparts A-O insofar as 
they pertain to underground storage tanks and are not broader in scope 
than the federal requirements, as set forth below:
    (1) State of Massachusetts, Board of Fire Prevention Regulations, 
527 CMR 9.00: Tanks and Containers, (effective July 3, 1993):

Section 9.01--Purpose and Scope
Section 9.02--Definitions
Section 9.05--Underground Storage Tanks
Section 9.05(A)(1)-(3) and (5)-(8)--Design and Construction of New or 
Replacement Underground Tanks
Section 9.05(B)--Underground Piping
Section 9.05(C)--Underground Tank Installation
Section 9.05(D)--Leak Detection Equipment, Testing and/or Inventory 
Requirements for Underground Tanks
Section 9.05(E)--Inventory Methods for Underground Tanks
Section 9.05(F)--Testing for Tightness of Underground Storage Facilities
Section 9.05(G)--Upgrading of Existing Underground Storage Tank Systems
Section 9.06(C)--Upgrade of Existing Underground Waste Oil Storage Tank 
Systems
Section 9.06(D)--Product Transfer
Section 9.06(E)--Non-Flammable Hazardous Substances
Section 9.07--General Provisions
Section 9.07(A)--Material and Construction of All Tanks and Containers
Section 9.07(B)--Fill and Vent Pipes for All Tanks and Containers
Section 9.07(C)--Piping for All Tanks
Section 9.07(D)--Pumping System
Section 9.07(E)--Pressure Vessels
Section 9.07(F)--Response to Leaks
Section 9.07(G)--Tank Repair and Relining
Section 9.07(H)--Tanks Abandoned and Temporarily Out of Service
Section 9.07(I)--Tank Removal
Section 9.07(K)--Permits
Section 9.07(L)--Financial Responsibility Requirements
    (2) Massachusetts Environmental Protection Rules, 310 CMR, Section 
40.000, Massachusetts Contingency Plan, (effective October 1, 1993) only 
insofar as they pertain to the regulation of underground storage tanks 
in Massachusetts and only insofar as they are incorporated by reference 
and are not broader in scope than the federal requirements. Note that 
reserved sections of 310 CMR 40.0000 et seq. are not incorporated by 
reference:

Subpart A--General Provisions
Subpart B--Organization and Responsibility
Subpart C--Notification of Releases and Threats of Release of Oil and 
Hazardous Material; Identification and Listing of Oil and Hazardous 
Materials
Subpart D--Preliminary Response Action and Risk Reduction Measures
Subpart E--Tier Classification and Response Action Deadlines
Subpart F--Transition Provisions
Subpart G--Tier I Permits
Subpart H--Comprehensive Response Action
Subpart I--Risk Characterization
Subpart J--Response Action Outcomes
Subpart K--Audits and Compliance Assistance
Subpart L--Cost Recovery, Lien Hearings and Petitions for Reimbursement 
of Incurred Costs
Subpart M--Administrative Record
Subpart N--Public Involvement and Technical Grants
Subpart O--Numerical Ranking System and Scoring Instructions

                               Mississippi

    (a) The statutory provisions include:
    1. Mississippi Code of 1972, Title 49, Sections 49-17-401 through 
49-17-435, Underground Storage Tank Act of 1988, as amended.

49-17-401  Short title
49-17-403  Definitions
49-17-405  Groundwater protection fund; duties of executive director; 
          liability of tank owners; limitation on provisions of chapter 
          and section
49-17-407  Environmental protection fee on motor fuels; deposit of fees; 
          limits on use of fund; third party claims
49-17-409  Reports of contamination incidents; no recourse against tank 
          owner; exceptions
49-17-411  Compliance with regulations
49-17-413  Rules and Regulations
49-17-417  Groundwater protection advisory committee
49-17-419  Authority of commission to take timely and effective 
          corrective action;

[[Page 584]]

          use of funds from pollution emergency fund
49-17-421  Tank regulatory fee
49-17-423  Commission to administer funds from Leaking Underground 
          Storage Tank Trust Fund
49-17-425  Disclosure of records, reports, and information
49-17-433  Savings clause
49-17-435  Annual report on status of underground storage tank program

    (b) The regulatory provisions include:
    1. Technical Standards and Corrective Action Requirements for Owners 
and Operators of Underground Storage Tanks.

            Subpart A--Program Scope and Interim Prohibition

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
280.43  Methods of release detection for piping
280.44  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
280.62  Initial abatement measures and site check
280.63  Initial site characterization
280.64  Free product removal
280.65  Investigations for soil and groundwater 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

    2. Financial Responsibility Requirements for Underground Storage 
Tanks Containing Petroleum.
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  Substitution of financial assurance mechanisms by owner or 
          operator
280.105  Cancellation or nonrenewal by a provider of financial assurance
280.106  Reporting by owner or operator
280.107  Recordkeeping
280.108  Drawing on financial assurance mechanisms
280.109  Release from the requirements
280.110  Bankruptcy or other incapacity of owner or operator or provider 
          of financial assurance
280.111  Replenishment of guarantees, letters of credit, or surety bonds

    3. Mississippi Groundwater Protection Trust Fund Regulations.

Section I  General Intent
Section II  Legal Authority
Section III  Definitions

[[Page 585]]

Section XIV  Eligibility for Reimbursement from the Mississippi 
          Groundwater Protection Trust Fund
Section XV  Reimbursable Costs
Section XVI  Funds Disbursement
Section XVII  Third Party Claims
Section XVIII  Denial of Claims
Section XIX  Tank Regulatory Fees
Section XXI  Property Rights

                                 Nevada

    (a) The statutory provisions include:
    (1) Nevada Revised Statute Chapter 459, Underground Storage Tank 
Program (1992), Nevada Revised Statue 590, Petroleum Fund (1991).
    (2) Nevada Revised Statute Chapter 459, Underground Storage Tank 
Program (1992):

    Section 459.810 ``Operator'' defined.
    Section 459.814 ``Person'' defined.
    Section 459.816 ``Regulated Substance'' defined.
    Section 459.818 ``Release'' defined.
    Section 459.820 ``Storage Tanks'' defined.
    Section 459.822 Department designated as state agency for regulation 
of storage tanks.
    Section 459.828 Owner or operator of storage tank to provide 
department with certain information.
    Section 459.838 Fund for the management of storage tanks: Creation: 
Sources: Claims.
    Section 459.840 Fund for the management of storage tanks: Use; 
reimbursement; recovery by attorney general.

    (3) Nevada Revised Statue 590, Petroleum Fund (1991):

    Section 590.700 Definitions.
    Section 590.710 ``Board'' defined.
    Section 590.720 ``Department'' defined.
    Section 590.725 ``Diesel fuel of grade number 1'' defined.
    Section 590.726 ``Diesel fuel of grade number 2'' defined.
    Section 590.730 ``Discharge'' defined.
    Section 590.740 ``Division'' defined.
    Section 590.750 ``Fund'' defined.
    Section 590.760 ``Heating oil'' defined.
    Section 590.765 ``Motor vehicle fuel'' defined.
    Section 590.770 ``Operator'' defined.
    Section 590.780 ``Person'' defined.
    Section 590.790 ``Petroleum'' defined.
    Section 590.800 ``Storage tank'' defined.
    Section 590.810 Legislative findings.
    Section 590.820 Board to review claims: Creation; members; chairman; 
administrative Assistance; compensation of members.
    Section 590.830 Fund for cleaning up discharges of petroleum: 
Creation; administration by division; claims; interest.
    Section 590.840 Collection of fee for certain fuels and heating 
coil; exempt products; payment of expenses of department.
    Section 590.850 Registration of storage tanks: Collection of annual 
fee; exempt tanks; liability for noncompliance.
    Section 590.860 Balance in fund to determine collection of fees by 
department.
    Section 590.870 Report of discharge from tank required; division to 
clean up discharge; expectation; test of tank required for coverage.
    Section 590.880 Allocation of costs resulting from discharge from 
certain storage tanks for heating oil.
    Section 590.890 Allocation of costs resulting from discharge from 
other storage tanks.
    Section 590.900 Liability for costs to clean up discharge caused by 
willful or wanton misconduct, gross negligence or violation of statute 
or regulation.
    Section 590.910 Pro rata reduction required, if balance in fund 
insufficient for full payment.
    Section 590.920 Tanks exempted from provisions of Sections 590.850 
to 590.910 inclusive; optional coverage of exempted tank.

    (4) Nevada Civil Procedure, Rule 24 (1971):
    Nevada Civil Procedure, Rule 24 .
    (b) The regulatory provisions includes:
    (1) Nevada Administrative Code 459, UST Program (1990):

    Section 459.9929 ``Storage Tank'' defined.
    Section 459.993 Compliance with federal regulations.
    Section 459.995 Financial responsibility of owners and operators.
    Section 459.996 Releases: Reporting.

    (2) Nevada Administrative Code 590, Petroleum Fund (1991):
    Section 590.720 Adoption by reference of provisions of Code of 
Federal Regulations.

    (3) Nevada Administrative Code, Reportable Quantities (1989):
    Section 445.240 Notice required.

                              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.

[[Page 586]]

    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.
    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

[[Page 587]]

    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
    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

[[Page 588]]

    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
    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

[[Page 589]]

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.
    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.

[[Page 590]]

    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
    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

[[Page 591]]

    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
    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

                               Puerto Rico

    (a) The statutory provisions include:
    1. Public Policy Environmental Act of 1970, Act Number 9, June 18, 
1970, as amended, 12 Laws of Puerto Rico Annotated (L.P.R.A.) Sec. 1121 
et seq.

(1) Section 1121--Short title
(2) Section 1122--Purpose
(3) Section 1123--Declaration of policy
(4) Section 1124--Interpretation of legal provisions
(5) Section 1125--Duties of governmental agencies
(6) Section 1126--Savings clause
(7) Section 1127--Complementary character
(8) Section 1128--Annual report of Governor
(9) Section 1129--Creation of Board; composition; term
(10) Section 1130--Duties of Chairman
(11) Section 1130A--Consulting Council
(12) Section 1131--Functions and duties [Except paragraphs (10), (12), 
(19), (22), (23), (25), (26), (29), and (30), insofar as they outline 
enforcement authorities; paragraph (13), insofar as it addresses 
enforcement authorities, permit and license requirements and associated 
fees, as well as the NPDES and UIC programs; and paragraph (34), insofar 
as it relates solely to the solid and hazardous waste programs.]

[[Page 592]]

(13) Section 1133--Consultation and use of facilities
(14) Section 1135--Character of Board for federal purposes [Except 
insofar as it addresses permit requirements.]
(15) Section 1135A--Administration of the Puerto Rico Water Pollution 
Control Revolving Fund
(16) Section 1137--Confidential documents
(17) Section 1138--Effectiveness of previous documents [Except insofar 
as it addresses permit and licensing requirements.]
(18) Section 1140--Limitations
(19) Section 1141--Definitions
(20) Section 1142--Powers [Except insofar as (b)(5) sets forth 
enforcement authorities.]
    (b) The regulatory provisions include:
    1. Underground Storage Tank Control Regulations, Regulation Number 
4362, promulgated by the Commonwealth of Puerto Rico Environmental 
Quality Board on November 7, 1990.
    a. Part I--Program Scope and Interim Prohibition.

(1) Rule 101--Program Scope
(2) Rule 102--Purpose
(3) Rule 103--Applicability
(4) Rule 104--Interim Prohibition for Deferred UST Systems
(5) Rule 105--Definitions and Abbreviations [Except insofar as the 
Puerto Rico definition of ``Underground Storage Tank or UST'' does not 
exclude from regulation heating oil tanks used for storing heating oil 
for consumptive use on the premises where stored.]

    b. Part II--UST Systems: Design, Construction, Installation, and 
Notification.

(1) Rule 201--Performance Standards for New UST Systems
(2) Rule 202--Upgrading of Existing UST Systems
(3) Rule 203--Notification Requirements

    c. Part III--General Operating Requirements.

(1) Rule 301--Spill and Overfill Control
(2) Rule 302--Operation and Maintenance of Corrosion Protection
(3) Rule 303--Compatibility
(4) Rule 304--Repairs Allowed
(5) Rule 305--Reporting and Recordkeeping

    d. Part IV--Release Detection.

(1) Rule 401--General Requirements for all UST Systems
(2) Rule 402--Requirements for Petroleum UST Systems
(3) Rule 403--Requirements for Hazardous Substance UST Systems
(4) Rule 404--Methods of Release Detection for Tanks
(5) Rule 405--Methods of Release Detection for Piping
(6) Rule 406--Release Detection Recordkeeping

    e. Part V--Release Reporting and Investigation.

(1) Rule 501--Reporting of Suspected Releases
(2) Rule 502--Investigation Due to Off-site Impacts
(3) Rule 503--Release Investigation and Confirmation Steps
(4) Rule 504--Reporting and Cleanup of Spills and Overfills

    f. Part VI--Release Response and Corrective Action for UST Systems 
Containing Petroleum or Hazardous Substances.

(1) Rule 601--General
(2) Rule 602--Initial Response
(3) Rule 603--Initial Abatement Measures and Site Check [Except insofar 
as 603(A)(5) requires owners and operators to obtain permits or 
franchises for drilling and installation of groundwater monitoring and/
or extraction wells.]
(4) Rule 604--Initial Site Characterization
(5) Rule 605--Free Product Removal [Except insofar as 605(A) and 605 
(D)(6) require owners and operators to obtain permits or franchises for 
drilling and installation of water monitoring and/or extraction wells.]
(6) Rule 606--Investigation for Soil and Groundwater Clean-up
(7) Rule 607--Corrective Action Plan
(8) Rule 608--Public Participation

    g. Part VII--Out-Of-Service UST Systems and Closure.

(1) Rule 701--Temporary Closure
(2) Rule 702--Permanent Closure and Changes-in-Service
(3) Rule 703--Assessing the Site at Closure or Change-in-Service
(4) Rule 704--Applicability to Previously Closed UST Systems
(5) Rule 705--Closure Methods

    h. Part VIII--Notification Requirements and Procedures.

(1) Rule 801--Notification of Underground Storage System
(2) Rule 802--Notification Requirements
(3) Rule 803--Notification Responsibility
(4) Rule 804--UST Notification Identification Number
(5) Rule 805--Changes to Facility Notification Data

    i. Part IX--Financial Responsibility Requirements.

(1) Rule 901--Applicability
(2) Rule 902--Compliance Dates
(3) Rule 903--Definition of Terms
(4) Rule 904--Amount and Scope of Required Financial Responsibility

[[Page 593]]

(5) Rule 905--Allowable Mechanisms and Combinations of Mechanisms
(6) Rule 906--Financial Test of Self-Insurance
(7) Rule 907--Guarantee
(8) Rule 908--Insurance and Risk Retention Group Coverage
(9) Rule 909--Surety Bond
(10) Rule 910--Letter of Credit
(11) Rule 911--Trust Fund
(12) Rule 912--Standby Trust Fund
(13) Rule 913--Substitution of Financial Assurance Mechanisms by Owner 
or Operator
(14) Rule 914--Cancellation or Nonrenewal by a Provider of Financial 
Assurance
(15) Rule 915--Reporting by Owner or Operator
(16) Rule 916--Recordkeeping
(17) Rule 917--Drawing on Financial Assurance Mechanisms
(18) Rule 918--Release from the Requirements
(19) Rule 919--Bankruptcy or Other Incapacity of Owner or Operator of 
Provider of Financial Assurance
(20) Rule 920--Replenishment of Guarantees, Letters of Credit, or Surety 
Bonds
(21) Rule 921--Suspension of Enforcement

    j. Part X--General Provisions.

(1) Rule 1001--Amendments to this Regulation
(2) Rule 1002--Monitoring, Recordkeeping, Reporting, Sampling, and 
Testing Methods
(3) Rule 1003--Malfunction or Non-compliance, Reporting
(4) Rule 1004--Confidentiality of Information
(5) Rule 1006--Public Notice and Public Hearings
(6) Rule 1009--Public Nuisance
(7) Rule 1011--Overlapping or Inconsistent Provisions
(8) Rule 1012--Derogation
(9) Rule 1013--Separability Clause
(10) Rule 1014--Effectiveness

    k. Part XI--General Prohibitions.

(1) Rule 1101--Purpose, Scope and Applicability
(2) Rule 1102--General Prohibitions

                              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
    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.

[[Page 594]]

    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.

                                Tennessee

    (a) The statutory provisions include:

1. Section 68-215-101  Short title
2. Section 68-215-102  Legislative intent [Except Sec. 68-215-102(a)(3) 
          and except Sec. 68-215-102(a)(5).]
3. Section 68-215-103  Definitions
4. Section 68-215-105  Minimum requirements for tanks
5. Section 68-215-106  Notification as to tanks in use and tanks taken 
          out of operations [Except Sec. 68-215-106(a)(6) and except 
          Sec. 68-215-106(c)(2).]
6. Section 68-215-107  Supervision, inspection, and enforcement 
          responsibilities [Except Sec. 68-215-107(e) and except 
          Sec. 68-215-107(f)(9).]
7. Section 68-215-108  Proprietary information
8. Section 68-215-118  Compliance by governmental entities
9. Section 68-215-123  Complaints--Hearings--Appeals
10. Section 68-215-124  Exemptions
11. Section 68-215-126  Preemption of local regulation--Exception
12. Section 68-215-127  Exclusivity of provisions

    (b) The regulatory provisions include:

1. Section .01  Program Scope and Minimum Requirements for Tanks
    Section .01(1)  Applicability
    Section .01(2)  Minimum requirements for tanks
    Section .01(3)  Definitions
2. Section .02  UST Systems: Design, Construction, Installation and 
          Notification
    Section .02(1)  Performance standards for new UST systems
    Section .02(2)  Upgrading of existing UST systems
    Section .02(3)  Notification requirements
3. Section .03  General Operating Requirements
    Section .03(1)  Spill and overfill control
    Section .03(2)  Operation and maintenance of corrosion protection
    Section .03(3)  Compatibility
    Section .03(4)  Repairs allowed
    Section .03(5)  Reporting and recordkeeping
4. Section .04  Release Detection
    Section .04(1)  General requirements for release detection
    Section .04(2)  Requirements for petroleum UST systems
    Section .04(3)  Methods of release detection for tanks
    Section .04(4)  Methods of release detection for piping
    Section .04(5)  Release detection recordkeeping
5. Section .05  Release Reporting, Investigation and Confirmation
    Section .05(1)  Reporting of suspected releases
    Section .05(2)  Investigation due to off-site impacts
    Section .05(3)  Release investigation and confirmation steps
    Section .05(4)  Reporting and cleanup of spills and overfills

[[Page 595]]

6. Section .06  Release Response and Corrective Action for UST Systems 
          Containing Petroleum
    Section .06(1)  General
    Section .06(2)  Initial response
    Section .06(3)  Initial abatement measures and site check
    Section .06(4)  Initial site characterization
    Section .06(5)  Free products removal
    Section .06(6)  Investigations for soil and ground water cleanup
    Section .06(7)  Corrective action plan
    Section .06(8)  Public participation
7. Section .07  Out-of-Service UST System and Closure
    Section .07(1)  Temporary closure
    Section .07(2)  Permanent closure and changes-in-service
    Section .07(3)  Assessing the site at closure or change-in-service
    Section .07(4)  Applicability to previously closed UST systems
    Section .07(5)  Closure records
8. Section .08  Financial Responsibility
    Section .08(1)  Applicability
    Section .08(2)  Compliance dates
    Section .08(3)  Definition of terms
    Section .08(4)  Amount and scope of required financial 
responsibility
    Section .08(5)  Allowable mechanisms and combinations of mechanisms
    Section .08(6)  Financial test of self-insurance
    Section .08(7)  Guarantee
    Section .08(8)  Insurance and risk retention group coverage
    Section .08(9)  Surety bond
    Section .08(10)  Letter of credit
    Section .08(11)  Petroleum underground storage tank fund
    Section .08(12)  Trust fund
    Section .08(13)  Standby trust fund
    Section .08(14)  Substitution of financial assurance mechanisms by 
owner or operator
    Section .08(15)  Cancellation or nonrenewel by a provider of 
financial assurance
    Section .08(16)  Reporting by owner or operator
    Section .08(17)  Recordkeeping
    Section .08(18)  Drawing on financial assurance mechanisms
    Section .08(19)  Release from requirements
    Section .08(20)  Bankruptcy or other incapacity of owner or operator 
or provider of financial assurance
    Section .08(21)  Replenishment of guarantees, letters of credit, or 
surety bonds

                                  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
    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

[[Page 596]]

    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
    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

[[Page 597]]

    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
    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

[[Page 598]]

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.
    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.

[[Page 599]]

    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; 61 FR 41510, Aug. 
9, 1996; 61 FR 56137, Oct. 31, 1996; 62 FR 3615, Jan. 24, 1997; 62 FR 
28367, May 23, 1997; 63 FR 4594, Jan. 30, 1998; 63 FR 38500, July 17, 
1998; 64 FR 28930, May 28, 1999]



PARTS 283--299 [RESERVED]





[[Page 601]]



                              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
  List of CFR Sections Affected

[[Page 603]]

            Material Approved for Incorporation by Reference

                      (Revised as of July 1, 2000)

  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 (PARTS 266 TO 299)

ENVIRONMENTAL PROTECTION AGENCY
                                                                  40 CFR


Environmental Protection Agency

  Office of Solid Waste and Emergency Response, 
  Waste Characterization Branch, Washington, DC 
  20460
Test Methods for Evaluating Solid Waste, Physical/              270.6(a)
  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.
Method 9095 (Paint Filter Liquids Test)...........             268.32(i)


State Statutes and Regulations (PART 272): APPROVED STATE HAZARDOUS 
WASTE MANAGEMENT PROGRAMS

Arizona: (1) EPA Approved Arizona Statutory                272.151(b)(1)
  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.
Arkansas: (1) EPA Approved Arkansas Statutory                    272.201
  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.
Delaware: (1) Delaware Code Annotated sections                   272.401
  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.
Florida: (1) EPA Approved Statutory Requirements                 272.501
  Applicable to the Hazardous Waste Management 
  Program, dated December 1997; (2) EPA Approved 
  Florida Regulatory Requirements Applicable to 
  the Hazardous Waste Management Program, dated 
  December 1997.
Idaho: (1) EPA Approved Statutory Requirements                272.651(b)
Applicable to the Hazardous Waste Management 
[[Page 604]]ted April 1999; (2) EPA Approved 
  Idaho Regulatory Requirements Applicable to the 
Idaho: Chapter 44, Hazardous Waste Management,                272.651(a)
  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.
Idaho: Idaho Department of Health and Welfare                 272.651(a)
  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.
Illinois: (1) Illinois Administrative Code, Title             272.701(a)
  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).
Indiana: Indiana Administrative Code, Title 320,              272.751(a)
  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).
Louisiana: (1) EPA Approved Louisiana Statutory               272.951(a)
Requirements Applicable to the Hazardous Waste 
[[Page 605]]Program, dated June 1997; EPA 
  Approved Regulatory Requirements Applicable to 
Michigan: (1) Michigan Compiled Laws Annotated,              272.1151(a)
  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).
Minnesota: (1) EPA Approved Minnesota Statutory                 272.1201
  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.
Missouri: (1) Missouri Statutory Requirements                272.1301(a)
  Applicable to the Hazardous Waste Management 
  Program, 1990; (2) Missouri Regulatory 
  Requirements Applicable to the Hazardous Waste 
  Management Program, December 31, 1990.
Montana: (1) Montana Hazardous Waste Act, Montana               272.1351
  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.
New Mexico: (1) New Mexico Statutory Requirements               272.1601
  Applicable to the Hazardous Waste Management 
  Program, April 1996; September 1997; (2) New 
  Mexico Regulatory Requirements Applicable to the 
  Hazardous Waste Management Program, April 1996; 
  September 1997.
Ohio: (1) Ohio Administrative Code, Volume 4,             272.1801(a)(1)
Chapter 3745 Rules: 49-031; 50-01; 50-03; 50-10; 
[[Page 606]]1 through 50-32; 50-40 through 50-
  44(C)(3)(j); 50-44(C)(4) through 50-44(C)(4)(k); 
Oklahoma: (1) EPA Approved Oklahoma Statutory                   272.1851
  Requirements Applicable to the Hazardous Waste 
  Management Program, September 1993; August 1997 
  (2) EPA Approved Oklahoma Regulatory 
  Requirements Applicable to the Hazardous Waste  
  Management Program, September 1993; August 1997; 
  November 1998.); 51-03(D) and (E); 51-04 through 
Texas: (1) EPA Approved Texas Statutory                         272.2201
  Requirements Applicable to the Hazardous Waste 
  Management Program, December 1996; (2) EPA 
  Approved Texas Regulatory Requirements 
  Applicable to the Hazardous Waste Management 
  Program, December 1996; December 1997.
Wisconsin: (1) EPA Approved Wisconsin Statutory                 272.2501
  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.


State Statutes and Regulations (PART 282): APPROVED STATE UNDERGROUND 
STORAGE TANK PROGRAMS

Alabama: (1) Alabama Statutory Requirements              282.50(d)(1)(i)
  Applicable to the Underground Storage Tank 
  Program, 1997; (2)Alabama Regulatory 
  Requirements Applicable to the Underground 
  Storage Tank Program, 1997.
Arkansas: (1) Arkansas Statutory Requirements            282.53(d)(1)(i)
  Applicable to the Underground Storage Tank 
  Program, 1995; (2) Arkansas Regulatory 
  Requirements Applicable to the Underground 
  Storage Tank Program, 1995.
Connecticut: (1) Connecticut Statutory                   282.56(d)(1)(i)
  Requirements Applicable to the Underground 
  Storage Tank Program, 1996; (2) Connecticut 
  Regulatory Requirements Applicable to the 
  Underground Storage Tank Program, 1996..
Georgia: (1) Georgia Statutory Requirements              282.60(d)(1)(i)
  Applicable to the Underground Storage Tank 
  Program, 1995; (2) Georgia Regulatory 
  Requirements Applicable to the Underground 
  Storage Tank Program, 1995.
Iowa: (1) Iowa Statutory Requirements Applicable                  282.65
  to the Underground Storage Tank Program, 1994; 
  (2) Iowa Regulatory Requirements Applicable to 
  the Underground Storage Tank Program, 1994.
Kansas: (1) Kansas Statutory Requirements                         282.66
  Applicable to the Underground Storage Tank 
  Program, 1994; (2) Kansas Regulatory 
  Requirements Applicable to the Underground 
  Storage Tank Program, 1994.
Louisiana: (1) Louisiana Statutory Requirements          282.68(d)(1)(i)
  Applicable to the Underground Storage Tank 
  Program, 1995; (2) Louisiana Regulatory 
  Requirements Applicable to the Underground 
  Storage Tank Program, 1995.
Massachusetts: (1) Massachusetts Statutory               282.71(d)(1)(i)
  Requirements Applicable to the Underground 
  Storage Tank Program, 1996; (2) Massachusetts 
  Regulatory Requirements Applicable to the 
  Underground Storage Tank Program, 1996.
Mississippi: (1) Mississippi Statutory                   282.74(d)(1)(i)
  Requirements Applicable to the Underground 
  Storage Tank Program, 1996; (2) Mississippi 
  Regulatory Requirements Applicable to the 
  Underground Storage Tank Program, 1996.
Nevada: (1) Nevada Statutory Requirements                         282.78
Applicable to the Underground Storage Tank 
[[Page 607]]92; (2) Nevada Regulatory 
  Requirements Applicable to the Underground 
New Hampshire: (1) New Hampshire Statutory                        282.79
  Requirements Applicable to the Underground 
  Storage Tank Program, 1993; (2) New Hampshire 
  Regulatory Requirements Applicable to the 
  Underground Storage Tank Program, 1993.
New Mexico: (1) New Mexico Statutory Requirements        282.81(d)(1)(i)
  Applicable to the Underground Storage Tank 
  Program, 1995; (2) New Mexico Regulatory 
  Requirements Applicable to the Underground 
  Storage Tank Program, 1995.
North Dakota: (1) North Dakota Statutory             Appendix A to Part 
  Requirements Applicable to the Underground                         282
  Storage Tank Program, 1995; (2) North Dakota 
  Regulatory Requirements Applicable to the 
  Underground Storage Tank Program, 1995.
Oklahoma: (1) Oklahoma Statutory Requirements            282.86(d)(1)(i)
  Applicable to the Underground Storage Tank 
  Program, 1995; (2) Oklahoma Regulatory 
  Requirements Applicable to the Underground 
  Storage Tank Program, 1995.
Rhode Island: (1) Rhode Island Statutory             Appendix A to Part 
  Requirements Applicable to the Underground                         282
  Storage Tank Program, 1995; (2) Rhode Island 
  Regulatory Requirements Applicable to the 
  Underground Storage Tank Program, 1995.
South Dakota: (1) South Dakota Statutory                          282.91
  Requirements Applicable to the Underground 
  Storage Tank Program, 1995; (2) South Dakota 
  Regulatory Requirements Applicable to the 
  Underground Storage Tank Program, 1995.
Tennessee: (1) Tennessee Statutory Requirements          282.92(d)(1)(i)
  Applicable to the Underground Storage Tank 
  Program, 1998; (2) Tennessee regulatory 
  Requirements Applicable to the Underground 
  Storage Tank Program, 1998.
Texas: (1) Texas Statutory Requirements Applicable       282.93(d)(1)(i)
  to the Underground Storage Tank Program, 1995; 
  (2) Texas Regulatory Requirements Applicable to 
  the Underground Storage Tank Program, 1995.
Utah: (1) Utah Statutory Requirements Applicable         282.94(d)(1)(i)
  to the Underground Storage Tank Program, 1995; 
  (2) Utah Regulatory Requirements Applicable to 
  the Underground Storage Tank Program, 1995.
Vermont: (1) Vermont Statutory Requirements              282.95(d)(1)(i)
  Applicable to the Underground Tank Storage 
  Program, 1995; (2) Vermont Regulatory 
  Requirements Applicable to the Underground 
  Storage Tank Program, 1995.
Puerto Rico: (1) Commonwealth of Puerto Rico            282.102(d)(1)(i)
  Statutory Requirements Applicable to the 
  Underground Tank Storage Program, 1997; (2) 
  Puerto Rico Regulatory Requirements Applicable 
  to the Underground Storage Tank Program, 1997.



[[Page 609]]



                    Table of CFR Titles and Chapters




                      (Revised as of June 23, 2000)

                      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)
         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 3201)

[[Page 610]]

     XXIII  Department of Energy (Part 3301)
      XXIV  Federal Energy Regulatory Commission (Part 3401)
       XXV  Department of the Interior (Part 3501)
      XXVI  Department of Defense (Part 3601)
    XXVIII  Department of Justice (Part 3801)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
      XXXV  Office of Personnel Management (Part 4501)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
      XLII  Department of Labor (Part 5201)
     XLIII  National Science Foundation (Part 5301)
       XLV  Department of Health and Human Services (Part 5501)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
         L  Department of Transportation (Part 6001)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Part 6401)
      LVII  General Services Administration (Part 6701)
     LVIII  Board of Governors of the Federal Reserve System (Part 
                6801)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
       LXI  National Labor Relations Board (Part 7101)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
       LXV  Department of Housing and Urban Development (Part 
                7501)
      LXVI  National Archives and Records Administration (Part 
                7601)
      LXIX  Tennessee Valley Authority (Part 7901)
      LXXI  Consumer Product Safety Commission (Part 8101)
    LXXIII  Department of Agriculture (Part 8301)
     LXXIV  Federal Mine Safety and Health Review Commission (Part 
                8401)
     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

[[Page 611]]

         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition 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)
      XIII  Northeast Dairy Compact Commission (Parts 1300--1399)
       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 the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)

[[Page 612]]

    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     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)
       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--599)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           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)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Part 1800)

                      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)

[[Page 613]]

        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  Department of the Treasury (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)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    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  Commercial Space Transportation, Federal Aviation 
                Administration, 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)

[[Page 614]]

        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)

          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)

[[Page 615]]

                     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 (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (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)

[[Page 616]]

                          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)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         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)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities 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--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

[[Page 617]]

                           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)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Part 1200)

                      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)

                            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 Standards, 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)

[[Page 618]]

       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)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      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)
       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)

[[Page 619]]

       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)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       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)

               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)
       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)

[[Page 620]]

             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)
         X  Presidio Trust (Parts 1000--1099)
        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)
        XV  Oklahoma City National Memorial Trust (Part 1501)

             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)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)

          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)

[[Page 621]]

        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)
       102  Federal Management Regulation (Parts 102-1--102-299)
       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) [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300.99)
       301  Temporary Duty (TDY) 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 (Part 303-70)
       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)

[[Page 622]]

       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10005)

             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 
                (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  Corporation for National and Community Service (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)
     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)

[[Page 623]]

                          Title 46--Shipping

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Transportation (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      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  United States 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  Broadcasting Board of Governors (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)
        23  Social Security Administration (Parts 2300--2399)
        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)

[[Page 624]]

        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)
        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 Motor Carrier Safety 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)
        XI  Bureau of Transportation Statistics, Department of 
                Transportation (Parts 1400--1499)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)

[[Page 625]]

        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (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)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR



[[Page 627]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of June 23, 2000)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Commission on Intergovernmental          5, VII
     Relations
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development, United      22, II
     States
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            5, LXXIII
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Research Service                       7, XXXVII
  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
  Food and Nutrition 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
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  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
Alcohol, Tobacco and Firearms, Bureau of          27, I
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
   Compliance Board
[[Page 628]]

Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
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
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Census Bureau                                     15, I
Central Intelligence Agency                       32, XIX
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
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, VI
  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                   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                5, LXXI; 16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Corporation for National and Community Service    45, XII, XXV
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; 
                                                  40, VII
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII

[[Page 629]]

  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  National Imagery and Mapping Agency             32, I
  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 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 Development Administration               13, III
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
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
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                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 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
Environmental Protection Agency                   5, LIV; 40, I, VII
  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 630]]

Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               4, II
Federal Communications Commission                 5, XXIX; 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              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
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 Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
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
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
Food and Drug Administration                      21, I
Food and Nutrition 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                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
     Expenses
[[Page 631]]

  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) 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
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          5, XLV; 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      5, LXV; 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
  Multifamily Housing Assistance Restructuring,   24, IV
       Office of
  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 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
  American Indians, Office of the Special         25, VII
       Trustee
  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
  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

[[Page 632]]

  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, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Fishing and Related Activities      50, III
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
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                                5, XXVIII; 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                                  5, XLII
  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 Standards, Office of           29, II, 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 Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  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

[[Page 633]]

Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Multifamily Housing Assistance Restructuring,     24, IV
     Office of
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 and Community Service, Corporation for   45, XII, XXV
National Archives and Records Administration      5, LXVI; 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 Council on Disability                    34, XII
National Counterintelligence Center               32, XVIII
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 Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV, VI
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                       5, XLIII; 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
Northeast Dairy Compact Commission                7, XIII
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
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
Oklahoma City National Memorial Trust             36, XV
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
Pension and Welfare Benefits Administration       29, XXV
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII

[[Page 634]]

  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 Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Procurement and Property Management, Office of    7, XXXII
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, XXXV
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
Smithsonian Institution                           36, V
Social Security Administration                    20, III; 48, 23
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 Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Commercial Space Transportation                 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
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 49, V

[[Page 635]]

  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 Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Statistics Brureau                 49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 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
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 637]]



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
266  Guidance document availability................................26892
266.23  Policy and interpretation...................................7722
266.31  Policy and interpretation...................................7722
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

[[Page 638]]

    (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
280  Policy and interpretation......................................7722
280.2  Interpretation..............................................20418
280.3  (g) corrected...............................................13497

                                  1987

40 CFR
                                                                   52 FR
                                                                    Page
Chapter I
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
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

[[Page 639]]

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

                                  1988

40 CFR
                                                                   53 FR
                                                                    Page
Chapter I
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

[[Page 640]]

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

                                  1989

40 CFR
                                                                   54 FR
                                                                    Page
Chapter I
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
    State hazardous waste management program; schedule of 
compliance...................................................6396, 14079
    Hazardous waste program approval hearings......................15940
    Corrected......................................................22439

[[Page 641]]

    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
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
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

[[Page 642]]

    (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
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
    (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

[[Page 643]]

    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
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

[[Page 644]]

                                  1992

40 CFR
                                                                   57 FR
                                                                    Page
Chapter I
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
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

[[Page 645]]

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
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 646]]

    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
    OMB number.....................................................34370
282  Added.........................................................58625

[[Page 647]]

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
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
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
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

[[Page 648]]

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
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

[[Page 649]]

                                  1996

40 CFR
                                                                   61 FR
                                                                    Page
Chapter I
266  Authority citation revised....................................16315
266.70  (b)(2) amended; (b)(3) added; eff. 7-11-96.................16315
266.100  (c)(3)(i)(B), (C) and (D) correctly added; CFR correction
                                                                   56631
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
    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
      Table corrected..............................................36419
    (g) added; table amended.......................................43927
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
      (p) added....................................................55727
268.48  (a) table revised; eff. 4-8-98.............................15654
    (a) table revised..............................................33690
      (a) table amended............................................43931
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
      (b)(5) revised...............................................59996
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
      Revised......................................................59996
271  State hazardous waste management program authorizations.......2450, 
             4742, 5718, 7736, 9108, 10684, 13777, 18281, 18284, 18502, 
         18504, 25794, 25796, 25799, 32345, 32699, 38392, 39353, 40520, 
                         41345, 43009, 43018, 52884, 54950, 55223, 67474
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
    (j) Table 1 amended; eff. 1-1-97...............................34278
    (j) Table 1 amended.....................................43931, 59996
    (j) Table 2 amended............................................59997

[[Page 650]]

272  State hazardous waste management program authorizations.......41345
272.1601  Revised..................................................49268
272  Appendix A amended............................................49269
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, 50720
282.53  Added.......................................................1214
282.56  Added......................................................41509
282.60  Added.......................................................4225
282.68  Added.......................................................1212
282.69  Added.......................................................6555
282.71  Added......................................................56136
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, 
                                                      6555, 41510, 56137

                                  1997

40 CFR
                                                                   62 FR
                                                                    Page
Chapter I
266.104  (e)(1) revised............................................32463
266.106  (g)(1) and (2) revised....................................32463
266.107  (f) revised...............................................32463
266.200--266.206 (Subpart M)  Added; eff. 8-12-97...................6654
266  Appendix IX amended...........................................32463
268.1  (e) revised; eff. 8-11-97...................................26019
268.4  (a)(2)(iv) and (4) introductory text revised; eff. 8-11-97 
                                                                   26019
268.7  (b)(2) removed; (b)(3) through (7) redesignated as (b)(2) 
        through (6); heading, (a), (b) introductory text, (1), new 
        (2), new (3), new (4), (c)(1) and (2) revised; eff. 8-11-
        97.........................................................26019
268.9  (a) and (d)(1)(ii) revised; eff. 8-11-97....................26022
268.30  Revised; eff. in part 8-11-97 and in part 5-12-99..........26022
268.32  Removed; eff. 8-11-97......................................26022
268.33  Removed; eff. 8-11-97......................................26022
268.34  Removed; eff. 8-11-97......................................26022
268.35  Removed; eff. 8-11-97......................................26022
268.36  Removed; eff. 8-11-97......................................26022
268.39  (c) revised.................................................1997
    (a) and (d) revised............................................32979
    (c) revised....................................................37699
268.40  Table revised...............................................7504
    Table amended; eff. 8-11-97....................................26022
    Table amended..................................................32979
    (g) amended....................................................45572
268.42  Table amended; eff. 8-11-97................................26025
268.44  (o) amended; eff. 8-11-97..................................26025
    (a) and (h) revised; (m) added; (p) removed....................64509
268.48  (a) table revised...........................................7596
    (a) table amended..............................................45572
268  Appendixes I, II, III and X removed; Appendix VI amended; 
        Appendix VII revised; eff. 8-11-97.........................26025
    Appendix VIII revised; eff. 8-11-97............................26037
270.1  (c)(3)(i)(D) and (iii) added; eff. 8-12-97...................6656
270.14  (b)(5) revised.............................................64671
270.42  (h) redesignated as (i); new (h) added; eff. 8-12-97........6656
271  State hazardous waste management program authorizations......10464, 
         12100, 13540, 15407, 27501, 29301, 34007, 43111, 47947, 49163, 
                                       52951, 61175, 62262, 62521, 67572
271.1  (j) Table 1 and Table 2 amended; eff. 8-11-97...............26040
    (j) Table 1 and Table 2 amended................................32979
    (j) Table 1 amended............................................45572
272.951  Added.....................................................67583
272.1151  (a)(1)(ii) amended........................................1834
272.2201  Added....................................................49169
272  Appendix A amended.....................................49170, 67584
281  State underground storage tank program authorizations.........3611, 
                                                            36698, 49620
282  Authority citation revised....................................28366
282.50  Added.......................................................3614
282.74  Added; eff. 7-22-97........................................28366
282  Appendix A amended.............................................3615
    Appendix A amended; eff. 7-22-97...............................28367

[[Page 651]]

                                  1998

40 CFR
                                                                   63 FR
                                                                    Page
Chapter I
266  Authority citation revised....................................42186
266.80  Revised....................................................71229
266.100  (b)(3) revised............................................42186
    Regulation at 63 FR 42186 eff. date corrected to 12-8-98.......54356
268.2  (i) revised; (k) added; eff. 8-24-98........................28639
    (c) revised....................................................65940
268.3  (d) added; eff. 8-24-98.....................................28639
268.4  (a)(2)(ii) and (iii) revised; eff. 8-24-98..................28639
268.7  (a)(1), (3)(ii), (7), (b)(1), (2), (5) and (6) revised; 
        (a)(2), (3) introductory text, (4), (5) introductory text, 
        (6), (b)(3) introductory text, (ii) table and (4) 
        introductory text amended; (a)(2)(i), (b)(4)(iv), (v) and 
        (e) added; eff. 8-24-98....................................28639
268.33  Added; eff. 11-4-98........................................24625
    (b) removed; (c) and (d) redesignated as (b) and (c); new (b) 
introductory text and new (c) revised..............................35149
    Regulation at 63 FR 35149 eff. date corrected to 11-4-98.......42582
268.34  Revised; eff. 8-24-98......................................28641
    (b) through (e) redesignated as (c) through (f); new (b) added
                                                                   48127
268.35  Added......................................................42186
268.39  (c) revised................................................51264
268.40  Table amended; eff. 11-4-98................................24625
    (e) and table revised; (h) added; eff. 8-24-98.................28641
    Table amended....................................35149, 42187, 51265
    Regulation at 63 FR 24625 and 35149 withdrawn; regulation at 
63 FR 28641 eff. date corrected to 11-4-98.........................42582
    (i) added......................................................46334
    (g) amended; table amended and footnote 10 revised; (i) added 
                                                                   47415
268.42  (a) introductory text revised; (a)(1), (2) and (3) 
        removed; eff. 8-24-98......................................28738
268.44  (h)(3) redesignated as (h)(5); new (h)(3) and (4) added; 
        eff. 8-24-98...............................................28738
268.45  (a) introductory text, (d)(3) and (4) revised; eff. 8-24-
        98.........................................................28738
268.48  (a) table amended; eff. 11-4-98............................24626
    (a) table revised; eff. 8-24-98................................28739
    Regulation at 63 FR 24626 withdrawn; regulation at 63 FR 28739 
eff. date corrected to 11-4-98.....................................42582
    (a) table amended..............................................47417
268.49  Added; eff. 8-24-98........................................28751
268.50  (g) added..................................................65940
268  Appendixes VII and VIII amended; eff. 8-24-98.................28752
    Appendix VII corrected.........................................31266
270.1  (c) introductory text revised; (c)(7) added.................56735
270.2  Amended.....................................................65941
270.11  (d) revised................................................65941
270.14  (a) amended................................................56735
270.28  Added......................................................56735
270.42  (j) added; Appendix I amended..............................33829
    Appendix I amended.............................................65941
270.68  Added......................................................65941
270.72  (b)(8) added...............................................33829
270.73  (a) revised................................................65941
270.79--270.230 (Subpart H)  Added.................................65941
271  Regulation at 62 FR 29301 eff. date corrected to 12-30-97.......683
    State hazardous waste management program authorizations........2167, 
           4587, 6666, 24453, 36587, 44152, 44795, 49852, 50528, 50531, 
                         52180, 56086, 56830, 56834, 57353, 57605, 67800
271.1  (j) Tables 1 and 2 amended; eff. 11-4-98....................24627
    (j) Tables 1 and 2 amended; eff. 8-24-98.......................28753
    (j) Table 2 amended............................................35150
    (j) Tables 1 and 2 amended.......................42188, 47418, 51267
    Regulation at 63 FR 35150 eff. date corrected to 11-4-98.......42582
    (j) Table 1 amended............................................65947
271.16  (e) added..................................................56735
271.21  (h) added..................................................65947
272  State hazardous waste management program authorizations.......57912
272.501  Added......................................................2898
272.1601  Revised..................................................23224
272.1851  Revised; eff. 7-14-98....................................23676
272  Appendix A amended......................................2899, 23225
    Appendix A amended; eff. 7-14-98...............................23677

[[Page 652]]

273.6  Amended.....................................................71230
279.10  (i) revised; eff. 7-6-98...................................24969
    (i) revised....................................................37782
279.22  (d) revised; eff. 7-6-98...................................24969
279.45  (h) revised; eff. 7-6-98...................................24969
279.54  (g) revised; eff. 7-6-98...................................24969
279.64  (g) revised; eff. 7-6-98...................................24969
279.74  (b) revised; eff. 7-6-98...................................24969
    (b) revised....................................................37782
281  State underground storage tank program authorizations...4589, 6667, 
                                                     24453, 51528, 63793
282.78  Added......................................................38500
282.102  Added......................................................4593
282  Appendix A amended......................................4594, 38500

                                  1999

40 CFR
                                                                   64 FR
                                                                    Page
Chapter I
266.100  (b) through (f) redesignated as (c) through (g); new 
        (d)(1) introductory text and (3) introductory text 
        revised; new (b) and (h) added.............................53075
266.101  (c)(1) revised............................................53075
266.105  (c) redesignated as (d); new (c) added....................53075
266.112  (b)(1) introductory text amended; (b)(2)(i) revised.......53076
266  Appendix VIII amended..................................53076, 63213
268.1  (f)(2) and (3) revised; (f)(4) added........................36488
268.2  (h) and (k) revised.........................................25414
268.7  (a)(4) table and (b)(3)(ii) table amended; (b)(4)(iv) 
        revised....................................................25414
    (a)(3)(iii) added..............................................56471
268.9  (d)(2) introductory text and (i) revised....................25415
268.40  First (i) redesignated as (j); (i) revised; table amended 
        and footnotes 8 and 11 revised.............................25415
    Table amended; (j) revised.....................................56471
268.44  (o) table amended..........................................28391
268.48  (a) table amended..........................................25417
268.49  (c)(3) revised.............................................25417
    (c)(1)(A) and (B) revised......................................56472
270.1  (c)(2)(viii)(B) and (C) revised; (c)(2)(viii)(D) added......36488
    (c)(2)(ix) added...............................................37638
270.19  Introductory text revised; (e) added.......................53076
270.22  Introductory text added....................................53076
270.42  Appendix I amended.........................................53077
270.62  Introductory text added....................................53077
270.66  Introductory text added....................................53077
271  State hazardous waste management program authorizations.......4596, 
          9278, 10111, 19925, 23780, 41823, 42602, 44836, 46298, 46302, 
                  47692, 48099, 49998, 51702, 55142, 55153, 55629, 56174
271.1  (j) Table 1 amended.........................................53077
272  State hazardous waste management program authoriziations.......2144
272.650  Removed; eff. 8-24-99.....................................34136
272.651  Revised; eff. 8-24-99.....................................34136
272.1851  Revised..................................................46570
272.2201  Revised..................................................49680
272  Appendix A amended; eff. 8-24-99..............................34137
272  Appendix A amended.....................................46571, 49682
273.1  (a)(2) and (3) revised; (a)(4) added........................36488
273.2  (a)(1), (b)(2) and (3) revised..............................36488
273.3  (a) introductory text revised...............................36488
273.4  (a) revised.................................................36488
273.5  Revised.....................................................36488
273.6  Redesignated as 273.9.......................................36488
273.8  Added.......................................................36488
273.9  Redesignated from 273.6.....................................36488
273.9  Amended.....................................................36489
273.10  Revised....................................................36489
273.13  (d) added..................................................36489
273.14  (e) added..................................................36489
273.30  Revised....................................................36489
273.32  (b)(4) and (5) revised.....................................36489
273.33  (d) added..................................................36489
273.34  (e) added..................................................36489
273.50  Revised....................................................36490
273.60  (a) revised................................................36490
273.81  (a) revised................................................36490
282.92  Added; eff. 7-27-99........................................28929
282  Appendix A amended; eff. 7-27-99..............................28930

                                  2000

   (Regulations published from January 1, 2000, through July 1, 2000)

40 CFR
                                                                   65 FR
                                                                    Page
Chapter I
268.33  Removed....................................................14475
268.40  Table amended..............................................14475
268.48  Table amended..............................................14475
268  Appendix VII amended..........................................36367

[[Page 653]]

270.32  (c) amended................................................30913
270.43  (b) amended................................................30913
271  State hazardous waste management program authorizations.......2897, 
                  10405, 10411, 16528, 26750, 26755, 29973, 29981, 33774
271.1  (j) Tables 1 and 2 amended..................................14475
271.19  (e) introductory text amended..............................30913